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  1. #1
    Unregistered Guest

    Unhappy Partial Loss of Finger

    Can someone please tell me the benefits for lossing part of you first finger at work? Workers comp has told him 20,000 over 43 weeks. Is that all??? My husband will never play guitar again and there is many other things that will be very difficult for him. It hasn't fully hit him yet and I think that he many settle for this amount because he doesn't know what the benefits are.

    Please help.

    Thank you

  2. #2
    Hockeylaw@AOL.Com Guest

    Default Re: Partial loss of finger

    Every finger has a separate value and that value is then multiplied by 60% of the employee's gross wages. If you are a pilot for an airlines than your finger is worth more than the same finger of a fast food maker. Normally injuries, such as your husband sustained, are paid out in lump sum payments and not over 20 yrs. Good Luck

  3. #3
    Unregistered Guest

    Default Re: Partial loss of finger-please help

    Is it normal for workers comp to say this is what you get and start paying right away? It has been 2 1/2 weeks since it happened, and yesterday workers comp told my husband that he will start getting weekly checks next week.

    Also he has been working for this company for 12 years, last year he worked part-time in order to re-hab houses, and that is what workers is paying him on. Is there anything we could do so that my husband would be paid based on the previous 12 years?

    Thank you

  4. #4
    POR Guest

    Default Re: Partial loss of finger-please help

    Jango Rheinhart mystified all who heard him play and only used two fingers of the left hand, the others badly burned beyond use. Jerry Garcia was missing a right hand finger...didn't seem to slow him down. Where theer's a will.....but I should probably ask, ...did he play guitar before the accident ?

  5. #5
    Unregistered Guest

    Default Re: Partial loss of finger-please help

    He has been playing since he was 13 and is now 45, he has been a working in a band (different ones) for over 20 years. I just know that late one night he will go into his music room and pick up his guitar, or listen to one of his cd's and have a break down. Me our son and music is his life. I know he will play again, but not without alot of play along the way.

  6. #6
    Unregistered Guest

    Default Re: Partial loss of finger-please help

    sorry that last line is pain along the way. I guess play too.

  7. #7
    Hockeylaw@AOL.Com Guest

    Default Re: Partial loss of finger

    What workers' comp is telling you regarding starting to pay him right away relates to his lost wage benefit (TTD). TTD is owed the employee after the 1st 3 days of disability, when they are off of work & cannot return to full duty or no light duty is available with in their restrictions. That has nothing to do with what his actual, ultimate, settlement will be. TTD is based on the employees average weekly wage (AWW).

    As to the settlement, it should be determined after he reaches MMI (maximum medical Improvement), in otherwords when he is able to return to work without limitations.

    Workers' comp. weekly benefits and ultimate settlement are calculated based on 52 weeks of prior work (or if he worked less than 52 weeks prior to the accident/injury than based on that time period), not 12 years of prior employment. If during the past 52 week he earned royalties or earned pay from performing (& it was reported to the IRS) then that amount can be added into his AWW to determine the rate and boost the ultimate settlement amount. But, if he was paid cash, then there is no proof of supplemental or secondary employment, even though everyone might know he earned extra money this way and will not be included.

    With regard to his inability to perform, or even recreationally play guitar, at the same level or without pain (as a new callous has to be created), that can be argued before an Arbitrator at trial and can be considered by them in determining their award. But having previously been an adjuster, claims supervisor & home office techy, prior to becoming a lawyer, I know that no workers' compensation adjuster will voluntarily accept that issue in their ultimate calculation of settlement value and that argument has to be properly framed to be considered into the equation.

    I suggest that you contact an attorney,locally to you, to better understand the process and to make sure that he is getting everything that he has coming to him. Good Luck.

  8. #8
    Unregistered Guest

    Angry Re: Partial loss of finger-please help

    POR: Why would you ask such a thing (did he play guitar BEFORE his accident?) and post this kind of rude comment?
    There are people starving in Africa....does that mean we all should have to do it just because they do it??? People pay damn good money to insurance companies SPECIFICALLY to be covered for injuries such as loosing a finger!!! Why would you think this man should accept less so the insurance company can KEEP his money??? BESIDES comparing him to other injured guitar players was just ignorant and rude. Most of your posts are helpful and usually kind....but your response to this person was just plain insensitive and wrong.
    You sound just like the auto insurance companies that take and take your money but the ONE time you have to file a claim for a lousy broken windshield they cancel your policy. WHAT THE HELL IS INSURANCE FOR IF NOT TO RIP OFF CONSUMERS?

  9. #9
    POR Guest

    Default Re: Partial loss of finger-please help need to get out more. if you don't recognize the reference I can't help you.

    Africa ? starving ?? wtf ?
    and no, this is a comp board so there was not payument to insurance by the IW....

  10. #10
    Unregistered Guest

    Default Re: Partial loss of finger-please help

    So you're saying WC is FREE? OH, Well THAT sure explains it all. (free? RIGHT!)

    AND If YOU can't recognize the reference either, seems I can't help you (Africa? Starving? wtf?? = WC? IW starving?? wtf??)

    I believe the Subject line asked "PLEASE HELP" but I guess we all should read between your lines for it.

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