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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Thumbs down Dominant Hand Injury and Settlement Offer

    I'm less than 30yr old and Injured my index and middle finger on dominant hand and have had 4 surgeries with possibility of surgeries in the future (when I'm older), maybe joint replacement(s). Doctor says I will have joint problems(arthritis) in the future. Work comp say 25% loss of hand with settlement amount of @ $14000. At time of injury I probly only made around 12.75/hr. The settlement amount seems low to me with all the things I've got to deal with the rest of my life and things that are more difficult to do since the injury. I don't even have the strength with the two fingers to pull the trigger on a circular saw, I had to use my ring figure which is dangerous in itself. I know Illinois figures settlements based on loss of hand and calculates with my wages, but I look at it on how much it's worth and $14,000 just about seems like a drop in the bucket! I'm thinking times that by 3 and that would seem almost reasonable? What do you guys think? What kind of settlement should I expect with open medical in the future?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Dominant Hand Injury and Settlement Offer

    I know Illinois figures settlements based on loss of hand and calculates with my wages, but I look at it on how much it's worth and $14,000 just about seems like a drop in the bucket! I'm thinking times that by 3 and that would seem almost reasonable? What do you guys think? What kind of settlement should I expect with open medical in the future?
    No one thinks the settlement amounts are ''fair'', but frankly, that doesnt matter. It's the law. Benefits in comp are limited, the award/indemnity moeny is limited... and there's nothing you are going to do to change the law. It's predetermined. Thats' the trade off in WC...the ER is exempt from civil/tort suit, the IW receives an award without waiting for a jury to determine the value of the claim.

    The settlement amount seems low to me with all the things I've got to deal with the rest of my life and things that are more difficult to do since the injury. I don't even have the strength with the two fingers to pull the trigger on a circular saw, I had to use my ring figure which is dangerous in itself.
    But you're not compensated for those things in WC. The impairment ratings are basically compensation for your reduced ability to compete in the open labor market. With the restrictions due to your injury, there are fewer jobs available to you in your pre injury job skills. You may even be precluded from performing your pre injury job duties. Again, the compensation for those losses are limted....by law. All of those issues are already calculated into the rating schedule. There is little left to negotiation.

    Future medical is NOT going to compensate you for the cost of further treatment. You will experience out of pocket costs...probably more than you expect, if you take a cash payment for the medical benefits in your claim.
    What kind of settlement should I expect with open medical in the future?
    Pretty much what you've been offered... the indemnity is pre determined. No one is going to change that.

  3. #3
    Join Date
    Aug 2007
    Posts
    504

    Default Re: Dominant Hand Injury and Settlement Offer

    Quote Quoting Handle Maker View Post
    I'm less than 30yr old and Injured my index and middle finger on dominant hand and have had 4 surgeries with possibility of surgeries in the future (when I'm older), maybe joint replacement(s). Doctor says I will have joint problems(arthritis) in the future. Work comp say 25% loss of hand with settlement amount of @ $14000. At time of injury I probly only made around 12.75/hr. The settlement amount seems low to me with all the things I've got to deal with the rest of my life and things that are more difficult to do since the injury. I don't even have the strength with the two fingers to pull the trigger on a circular saw, I had to use my ring figure which is dangerous in itself. I know Illinois figures settlements based on loss of hand and calculates with my wages, but I look at it on how much it's worth and $14,000 just about seems like a drop in the bucket! I'm thinking times that by 3 and that would seem almost reasonable? What do you guys think? What kind of settlement should I expect with open medical in the future?
    Open medical in Illinois rarely happenns and usually only after a full blown trial.

    Have your attorney let the IC know your looking to go to trial. That might up the % of loss and therefore your settlement amount.

    beachgirl

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