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Workman's Comp Question

Workers Compensation Law Discussion

Workman's Comp Question

Postby Reizo » Fri Sep 26, 2014 4:37 am

Advertisement Expert: Swede - 12/5/2007 Hello! I recently e-mailed you a question about an injury my father sustained at work which has resulted in the amputation of his right index finger(he is right hand dominate) and the severe break and possibility of an amputation on his right middle finger. Workman's comp is working with us and is paying his medical bills and a portion of his wages. I have been looking online to find out more and everywhere I look places keep saying that for an injury of this magnitude there will be a lump sum payout for permanent injury; however no one is saying how much or when it would be. The workman's comp people have yet to mention this at all. Is it normal practice for there to be an additional payout because of the injury being permanent? How much is the average for this type of injury? When should it be paid out? If there is such a payout, when should we inquire about it to the workman's comp case manager? Thank you so much!
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Workman's Comp Question

Postby Zeev » Thu Oct 02, 2014 5:05 pm

Hi again Heather, I believe that I was one of the sources that informed you about the potential lump sum award by the Worker's Comp insurance.  The usual time frame for such an award is 18 months to 2 years.  By then enough time would have elapsed for a final determination to be medically made regarding the percentage loss of the digits and usage of the hand.  The independant medical examiner hired by the insurance company will examine your dad and render an opinion of the permanent percentage as will your dad's treating hand specialist.  Those percentages will naturally be at odds with each other and a State appointed Dr. will also conduct an examination.  Each of the amputated fingers will have a "scheduled loss" value equal to a certain number of weeks at the permanent partial W.C. rate of compensation and whatever the number of weeks those figures come to less the number of weeks your father was paid for being out of work will determine the actual cash payout.  Different fingers have a different value.  For example, a thumb will be of greater value than a pinkie.  In your father's case he should attempt to claim a permanent loss of the entire hand because that would yield the greater award.  The reason for the time lag is so that healing can be finalized thus allowing for a fairer evaluation of the permanent loss of use, range of motion, loss of stregnth etc.  Feel free to ask follow-ups at any time and keep me posted with regards to the potential med-mal against that hospital.
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