10.11 Damages: Where No Lost Wages or Benefits

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US-JURY-7THCIR-10-11
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Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm

10.11 Damages: Where No Lost Wages or Benefits is a form of financial compensation available to employees who have suffered an injury or illness due to their job. This type of damages covers medical expenses, pain and suffering, and other expenses related to the injury or illness. It does not cover lost wages or benefits, such as disability or sick pay. There are two types of 10.11 Damages: Where No Lost Wages or Benefits: compensatory damages and general damages. Compensatory damages are awarded to cover the costs associated with the injury or illness, such as medical bills, lost wages, and lost time at work. General damages are awarded to cover the pain and suffering caused by the injury or illness.

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FAQ

A periodic roll case is defined as a case in which temporary total disability has exceeded 90 days and medical information in the file does not: 1) indicate a return to work in the immediate future (typically 90 days); or 2) identify a work capacity; or 3) indicate a permanent disability associated with the accepted

Schedule Award Calculations When it comes to percentage rate of compensation, you are entitled to 66 and 2/3 % if you have no dependents, and 75% if you do. You'll multiply 20 % by 312 weeks (complete loss of use of hand due to injury) to get the number of weeks.

Workers' compensation insurance, also known as workman's comp, provides benefits to employees who get injured or sick from a work-related cause. It also includes disability benefits, missed wage replacement and death benefits.

To support a Schedule Award, the file must contain competent medical evidence which: Shows that the impairment has reached a permanent and fixed state (MMI) and indicates the date on which this occurred (date of maximum medical improvement).

The schedule award refers to a set schedule of monetary damages for impairment of an extremity or a body part recognized by Federal Workers' Compensation Act. Payments are based on impairment to certain body parts. Claimants are entitled to an award based on a set number of weeks to their impairment or loss.

Hearing loss compensation is a "scheduled award" provided by the FECA to Federal civilian employees who incur a hearing impairment, or aggravate a pre-existing one, while performing their duties. As a scheduled award ttis compensation is awarded whether or not the impairment results in a loss of wages (most do not).

Your average weekly wage includes all your gross wages, including overtime and bonuses. If you have a second job at the time of your injury, your average weekly wage also includes those wages. The higher your average weekly wage, the higher the wage loss benefits you receive.

Schedule awards are paid for a certain number of weeks, calculated by multiplying the percentage of impairment of a body part (determined by the rating physician) times the number of weeks set out in the schedule in the FECA for that body part.

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10.11 Damages: Where No Lost Wages or Benefits