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  1. #1
    Join Date
    Jul 2007
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    6

    Default Finger Injury

    Ive just had a right index finger injury in may which led to a skin graft. Was out for about 2 months and now have returned to work light duty. See the doc again in august and have been dropped of bennifits. What should i expect from the doc when i return aswell as the workers comp insurance? What might i expect as a settlement from the insurance comp and should i have a LAWER? Anyone help me out?

  2. #2
    Join Date
    Mar 2007
    Location
    Georgia
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    Default Re: What can i expect from workers comp.

    What state are you in? Did you loose any part of the index finger to amputation? As far as what you can expect from the doc, what ever is appropriate for your medical care. You don't give much information for one to be able to figure that one out for you.

    As far as the attorney. Has the WC IC denied you any benefits due you? Medical treatment, wage replacement while you were TTD, mileage reimbursement? If all was paid as scheduled then an attorney wouldn't have much to do to help you.

    If you can get back to us about the extent of the injury and what state you are in we most likely could help you a little better.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  3. #3
    Join Date
    Jul 2007
    Posts
    6

    Default Re: What can i expect from workers comp.

    Quote Quoting python View Post
    Ive just had a right index finger injury in may which led to a skin graft. Was out for about 2 months and now have returned to work light duty. See the doc again in august and have been dropped of bennifits. What should i expect from the doc when i return aswell as the workers comp insurance? What might i expect as a settlement from the insurance comp and should i have a LAWER? Anyone help me out?
    I have not lost any of my finger but a dime size chunk of skin torn from the bone on the inside with a drill. have much scar tissue aswell as a skin graft to replace what was lost. Live in North Carolina and no the insurance company has payed all due on time so far.

  4. #4
    Join Date
    Oct 2006
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    9,076

    Default Re: Finger injury

    I don't think they stopped benefits as they will probably pay for your august doctor visit.
    Without knowing what's happening to you medically it's difficult to guess how the doctor will respond.
    At some point recovery will be completed and then a rating can be done. Everyone recovers differently -- hopefully you'll be as good as new and there will be no need for additional impairment benefits.
    If you have disputes then you can consider litigation to resolve them.
    Last edited by .SH; 07-30-2007 at 06:14 PM.

  5. #5
    Join Date
    Mar 2007
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    Georgia
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    Default Re: What can i expect from workers comp.

    Python, do you have any significant loss of use or limited range of motion with your injured finger? Scaring other than facial is not usually compensated by way of permanent partial disability. Pain and suffering is never conpensated with WC. Don't expect a whole lot by way of lump sum settlement. I don't see the need for an attorney unless you feel like things that should be paid for have not been. I will go to your states website and see what I can chase out. Also here is the web pointer for NC WC for you.

    http://www.workerscompensationinsura...h_carolina.htm

    http://www.comp.state.nc.us/ncic/pag...tialdisability

    I will post back later if I find anything different from what I already posted.

    Steel
    Last edited by SteelMagnolia; 07-30-2007 at 06:15 PM.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  6. #6
    Join Date
    Mar 2007
    Location
    Georgia
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    1,923

    Default Re: What can i expect from workers comp.

    From the NC WC web site FAQ's

    Q: What is permanent partial disability?
    A: Total loss or partial loss of use of a member of the body or inability to earn the same wages in any employment as earned at the time of injury.

    Q: Who determines permanent partial disability?
    A: The Commission, based on the impairment ratings of physicians or evidence of consideration of wage earning capacity.

    From the NC Web site Employee Handbook


    If you are released by your treating physician to return to restricted duty and suffer wage loss before reaching maximum medical improvement you are entitled to temporary partial compensation equal to sixty-six and two-thirds percent (66 2/3%) of the difference between weekly earnings during light work and weekly earnings prior to the injury, subject to the maximum allowed by law.

    If an injury results in any permanent or partial disability to a specific part of your body, you are entitled to compensation for loss of use of that specific part of the body based on a schedule provided by the NCIC.
    (The schedule for payment for loss of use is given later in this handbook.)

    The payment for loss of use of a specific member of the body is payable at the end of the healing period and is based on the number of weeks set forth in the schedule. If your injury does result in a permanent partial or permanent total rating, the rating will be given to you by your treating physician.
    If an injury results in facial or head scars which seriously disfigure you or cause the loss or permanent injury to an important organ of the body, you may be entitled to receive additional compensation up to $20,000.

    No compensation is allowed for scars where an employee is paid for permanent loss or partial loss of use of the same member. An employee is also entitled to payment for disfigurement due to the loss of permanent teeth resulting from a compensable injury.

    PAYMENT SCHEDULE
    OF INJURIES AND
    PERIOD OF COMPENSATIONIf a claim results in permanent total loss of a specific member of the body, compensation is payable at the end of the healing period based on the schedule provided by the NCIC.
    If the injury results in partial loss of use of a specific member of the body compensation is paid on a percentage basis. The rate of payment is equal to sixty-six and two-thirds percent (66 2/3%) of the average weekly wages at the time of the claim times the number of weeks. This average weekly wage is subject to the statutory compensation minimum and maximum established by the NCIC. Below is the schedule for payment of injuries:
    Thumb 75 weeksFirst or index finger 45 weeksSecond or middle finger 40 weeksThird or ring finger 25 weeksFourth or little finger 20 weeksGreat toe 35 weeksAny other toe 10 weeksHand 200 weeksArm 240 weeksFoot 144 weeksLeg 200 weeksEye 120 weeksHearing (one ear) 70 weeksHearing (both ears) 150 weeksBack 300 weeks
    ASSISTANCE PROVIDEDIf you have questions concerning your claim, you should contact your supervisor or the agency Workers' Compensation Administrator or your Claims Adjuster, whose names and telephone numbers appear inside the front cover of the handbook. The Office of State Personnel Risk Control Services Division also provides assistance to the agencies and employees if they have questions or problems on claims. You can contact this division at (919) 733-6316.


    Okay Pyton let's say for what ever reason your doctor determines that you have a 10% perm partial disability to your index finger. You would multiply what your wage replacement check amount for one week was for the 2 months you were out. Lets just use $600.00 to make it easy.

    $600.00
    X .10
    _______
    $60.00 X 45 weeks = $2,700.00.

    Now bear in mind this is only going to happen if you have loss of use and permanent partial disability. You might only get 1 or 2% or even 0%. Then again you might get 50%. That is up to your doctor to determine. This will take place once you have reached maximum medical improvement, your as good as you are going to get.

    Is it likely that you will return to full duty work in the near future?
    That is when you would most likely be put at MMI.

    Hope this the information you were looking for.

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  7. #7
    Join Date
    Dec 2006
    Location
    Pa.
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    924

    Exclamation Re: What can i expect from workers comp.

    Python, it sounds to me you are going to heal fine and return to work without any restriction to your Finger. If this is the case, your Medical Care is all you should receive. You are one of the fortunate ones, who will return, and be able to resume your Life, Count your Blessings. As Far as scarring, unless it causes you loss of motion of your Finger, I don't see any monies coming from that. As long as w/c does what is needed for you Medically, that's probably all you will receive. I Hope you heal Well, and Best of Luck!!

  8. #8
    Join Date
    Jul 2007
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    6

    Default Re: What can i expect from workers comp.

    Thank yall for all your input it has helped me out a whole lot.

  9. #9
    Join Date
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
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    Default Re: Finger injury

    If you have returned to suitable permanent employment then your best outcome will probably be your "rating money" based on the impairment rating to the finger or hand that the doctor will assign when he releases you from his care. An index finger is only worth 45 weeks (I am going on memory--I did not verify it in the statute book) of benefits if it gets chopped off at the base of the finger, so the injury you are describing will not garner a very high rating. For instance, a 20% rating is worth 20% of 45, multiplied by the weekly compensation rate. If your comp rate is $300 per week, a 20% rating is worth 9 weeks times $300, or $2700.00. Your other option is for scarring on the hand, but that is unlikely to get you more money unless it is really bad.

    If you are not able to return to "suitable employment" due to the injury, then you may be entitled to a lot more money. This is a much more complicated issue that is hard to explain here. If they made up a light duty job for you to come back to, then that is probably NOT suitable employment. However, they will not concede this point. You have to fight them for this greater benefit; they will almost never offer it voluntarily.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  10. #10
    Join Date
    Feb 2007
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
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    Default Re: What can i expect from workers comp.

    Python, ask your doctor to give you an "impairment rating" for your injured finger. Then you can calculate how much they will owe you. But, if you are not able to work due to the injury, they may end up owing you a lot more than the impairment rating money. You cannot get both, however, so if you accept the impairment rating money while you are not working, then you have given up the chance to get the better outcome.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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