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  1. #1
    Join Date
    Aug 2012
    Posts
    1

    Unhappy Finger Amputation Injury

    My workers compensation claim was made in the State of : MASS

    I was injured 3 years 11 months ago. I had my middle finger nearly completely amputated off ( it was hanging by a thread) and my ring finger ( both on my right hand) was also severed bad. I was rushed to a great hospital and they performed plastic surgery on me and reattatched my finger. for that i am FOREVER grateful.

    the insurance company i dealt with from the begining was out to get me . ( of course) I got a lawyer and no progress was really made. after about 2 months and still in a cast i got a letter stating my doctor approved me to go back to work light duty. How do i do light duty when i am a LABORER. think construction type work. my employer offered me doing a job with NO HANDS. I refused ( i really couldnt go back yet ... i was still VERY injured) and they gave me 30 days to return or my position was terminated. (which i never returned and it was terminated).
    Eventually with no progress my mental health started to go down the tubes. my case was going nowhere. and to top it off i lost my job. i was making NO MONEY anymore. and i never really heard from my lawyer again.
    i put going to treatment on a hault for 3 years and now (to this date) im trying to obtain a imparement rating for my fingers . I have an appointment next week and have ZERO idea what to expect. Im back to work now and my finger does give me problems daily. its scared pretty bad around the whole finger where it was reattatched and the nail has a deadspot split in it where the chain saw severed it. IT gets very painful in the cold weather or when i try to grab anything too hard. the skin is very tender. As well it feels like theres a "pad" of scar tissue over the whole thing which inflames the whole finger. my finger is now permamently crooked - as well longer by a inch visably.
    there is CLEARLY permament scaring / disfigurement there and imparement. what my rating is / will be i have ZERO clue.

    my doctor charges $1,000 dollars for a imparement rating test.

    Will the insurance company pay my lawyer 100% and I get my full settlement to myself or does he also get 1/3?

    Im wondering if me getting so frusterated and haulting going to my doctor for so long will work against me? really with this injury TIME is what i needed to let the scar tissue heal . but at the time i was getting so frusterated i felt like nobody wanted to help me.

    What should I expect? my lawyer is making ME pay the 1,000 and im nervous if ill even GET 1000$ total for this? I was in a cast for nearly 10 months! this really turned my life upside down. i wouldnt of had this injury done to me for 50,000$! it took me YEARS to get my life back together

    any help insight would be GREATLY appreciated.
    god bless you .

  2. #2
    Join Date
    May 2010
    Posts
    467

    Default Re: Not Sure What I Should Do with My Drawn Out Case. Please Help

    You basically abandoned your job, you were not laid off, it was your choice to not return. If they offered you light duty within your restrictions you can accept it or deny it, but you are giving up benefits by doing so.You could of discussed your light duty with your doctor if there was a problem, but you just quit instead You refused medical treatment for your recovery, so you forfeit your medical benefits and that is why you are paying for the rating yourself. You signed a contract with your attorney, you already know YOU will be paying him, if you want to look at it as the IC paying him and them paying you less go right ahead, but they are not going to pay him on top of your benefits. You should expect a doctor to tell you what sort of damage you have to your finger, you should expect the IC to claim that most of the perminate damage was your choice to not fix by following the benefits and medical care offered to you. You should expect very little, and not expect much effort from your attorney as you have done everything to imped your recovery and that is about it.
    Last edited by ladyvol; 08-01-2012 at 10:22 PM.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Not Sure What I Should Do with My Drawn Out Case. Please Help

    Im wondering if me getting so frusterated and haulting going to my doctor for so long will work against me? really with this injury TIME is what i needed to let the scar tissue heal . but at the time i was getting so frusterated i felt like nobody wanted to help me.
    You said your injury required time to heal... what did you want anyone to do to "help" you?
    Yes... your frustration did hurt your claim...there is no guarantee of a cash settlement to close a comp claim.
    You pretty much did yourself in here.

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