There doesn't need to be an epistle on exactly how important the fingers are. Just about any basic task that involves the hands will require the fingers and each one has an important role. Unfortunately, finger and hand injuries can be very common in the working world and they can range from a mild strain to a loss of the finger completely.
Sure, losing an index finger may present different challenges from losing a thumb, but these are still matters that deserve great consideration.
Hand and finger injuries, upon occurring in the working world, may necessitate a workers' compensation claim, especially in cases where an amputation has occurred. The idea below is to evaluate what to expect with these kinds of proceedings. Schuerger Shunnarah Trial Attorneys can also help with questions like how much does workers comp pay for shoulder surgery?
Average Settlement Value for Finger Injuries
Off the bat, you should know the average workers' compensation settlement in a finger injury case is between $15,000 and $30,000. Note that some injuries can prevent injured workers from doing their jobs or they may make these persons more susceptible to further injuries. If this is the case, that average amount rises to $55,000 to $85,000. In some cases, the figure may be even more.
Bear in mind though that these averages should not be used to calculate what is to be expected in any individual situation as medical treatment and other elements in a hand or finger injury situation can be unique from one person to the next.
Finger Amputations and Other Common Finger Injury Types
Of course, finger amputations are the focus here. These are, unfortunately, not uncommon occurrences in workplaces and will see the entire finger being lost. This will typically happen in contexts such as construction sites or manufacturing plants where there are saws or other bladed machinery. Hammers can also be a hazard.
Bear in mind too that the entire hand can be amputated instead of just a single finger. Note that amputation injuries tend to be classified by the impact being on the power or sensory side of the arm. The thumb to the middle finger makes up the former, while the latter includes the other two fingers.
Other known injury types that fall under the hand and finger umbrella include:
Factors That Will Affect Workers' Compensation Benefits
Even outside of the context of a finger or hand injury, it's never an easy deal to ascertain what a worker is entitled to whenever an injury occurs. When on-the-job workplace injuries of this type do occur though, there must be a qualification for workers' compensation benefits in the first place. This will require:
Being an employee of the given company
Reporting the injury within the state's deadline
Sustaining an injury to the hand or finger as a direct result of work being performed
The employer is mandated to carry worker's compensation insurance.
Why Is an Experienced Workers' Compensation Attorney Recommended for Navigating These Situations?
In any kind of personal injury law situation, there are many elements that the average person will be unfamiliar with. Sure, they may be aware of what their medical expenses look like, but what about the quality of life elements?
Throw in an insurance company that has only the best interest of the employer at heart and it's a disaster waiting to happen. A competent Des Moines workers comp law firm is an equalizer in a sense. This comes from in-depth legal knowledge and a wealth of experience dealing with these kinds of matters. Therefore, the client can get the necessary advice to take the right steps to achieve the best possible outcome.
When a workers' compensation case goes well, the affected party can expect that whatever medical bills arising from the injury will be paid. Additionally, the employer's insurance should cover a portion of their base pay.
It's never usually a good idea to simply trust the insurance company to calculate what the replacement figure should be. Each state has a formula that is to be applied within these circumstances.
Full information on how this works can be received from the Iowa Division of Workers' Compensation, which offers a very helpful guide on what the benefit amounts look like.
A couple of important notes is that the maximum amount is 200% of whatever the average weekly wage in the state is.
Cases Where the Employer May be Sued
Under normal circumstances, a workers' compensation claim will disqualify the injured party from further suing the employer for damages. However, there are exceptions where this may take place such as the following instances:
The employer has demonstrated discrimination because of the disability sustained
No workers' compensation insurance was being carried by the employer
Harassment or employment termination has taken place because of the workers' compensation claim that was filed
The injury is a direct result of egregious or intentional conduct by the employer
Other At-fault Parties
Apart from the employer, there may also be other parties that are at fault. Unlike the previous case, where there need to be special circumstances to sue the employer, the same kinds of restrictions don't apply when third parties are in the mix.
Vehicle accidents may be the cause of the injury, for example. In such a case, it is possible to seek compensation from the at-fault driver who would be responsible for the amputation.
Machines are another example, especially since they account for most amputation injury accidents in the workplace. Sometimes, these tools and machines are simply defective. This may be grounds for a product liability lawsuit to be brought against whichever company manufactures the equipment or whichever one maintains it.
Schedule a Free Consultation with a Qualified Workers' Compensation Injury Lawyer Today!
Losing a finger is something that no one will ever recover from. This is why there needs to be fair compensation that considers physical therapy, lost wages, and other elements. An experienced personal injury lawyer can offer tremendous assistance with this.
If you have suffered an amputation injury while on the job in Des Moines, you may be entitled to compensation. Schedule a free consultation today with Tom Fowler Law!