Workers' Compensation Discussion Forums

Just need some feedback.... any would help. This thread is about my friend. She got injured at work 3/08, had to have three fingers amputated (pinky, ring, middle) past the first knuckles, was paid ttd, all medical bills were paid, but we went to arbitration today and all they want to offer her is $35K. OMG, that should be against the law.... if it were a discrimination suit, she'd get at least $100K. They said she has 60% disablility in all three fingers. If she doesn't take what they are offering, it goes to court, and who knows how long that could take. Is there anything she can do to get compensated more for her loss of her fingers or does she have to settle for $35K?

Sad, but true.

well workmans comp isnt cival so you arent paid for pain and suffering just wage replacement.....does she have a lawyer? what does he/she think? right or left hand is she right or left handed what state are you from........

It isn't fair that someone loses three fingers and gets hardly nothing and someone gets called a racial slur and gets $100K. Yes, she has a lawyer from Chicago and he's as bad as the next one. Aren't they all. She is right handed and lost fingers on the left. Illinois.... has got to be one of the worse states to live in. They base it on a percentage of disablility on the fingers and your wage, but isn't there something more that can be done to go above and beyond what is required to give her?
This is just terrible.

first who offered the 35k was it what the arbitrator said or an amount the workcomp attorneys were offering her to settle. there are other factors involved when figuring out a settlement amount. her age will be taken into consideration, how many years she has left in the work force and whether or not she will need future medical treatment. before she actually signs on the dotted line the arbritrator will go over the amount and make sure she is getting all she is entitled to. if it was the work comp who offered that amount you have to understand they will go low ball at first to see if you will take it--actually they try and make you poor so you will accept their piddly offers. seems like this is a clear cut work comp case they did not deny her workcomp it is just now the matter of the settlement amount. going to court will assure you that she recieves the right amount. her attorney should know the formula to figure out exactly what her case is worth. find out and then accept no less she deserves what is rightfully hers

good luck!!!

you can PM Bad Boy Bad Boy he is from IL. and knows the state WC system pretty good...but in the WC world 35 k is alot of money

comp is not civil liability and the payouts to workers are not comparable.
comp is "no fault" and liability is shared between employer and employee.
Many make false assumptions and have unrealistic expectations about comp without knowing the rules and benefits.
most of the comp $$ are paid in wage replacement and medical $$ not in impairment benefits.

First off you state this is your friend? This bothers me, as then you don't know everything in your friends comp claim. Attorneys work well in Illinois for one, in fact the w/c system has been made to work with attorneys. Never ever compare anything else to a work comp case, as it just doesn't ever fit. Comp offers nothing for pain and suffering. Next, I never before seen a claim matter much to being said 60% disablility to just the fingers as in your friends case. As your friend is having a concern to a lost of usage to a single hand. Illinois doesn't have any caps on a settlement. Another fact is, what kind of work your friend was doing when injured, and how are they now going to perform that work with 3 fingers missing. The age of your friend then comes in play next.

Fill in the information I mentioned here, and lets see where we can go from there. A court hearing isn't always next, just because your friend refused the first settlement offer. If you wish, you can PM the attorneys name, and I can look them up for you. If you wish me to try and help some, you'll just have to help me, help your friend. Don't blame the attorney.

This here that follows, is only a basic Guideline used for settlement factors in a loss of body parts. Meaning the lowest amount that can be used. Don't blame an attorney for a Law, rule, statue that has been pre-written.

BODY PART WEEKS PAID

Thumb 76 weeks
1st (index) finger 43 weeks
2nd finger 38 weeks
3rd finger 27 weeks
4th finger 22 weeks
Hand 205 weeks
If a body part is amputated or if it cannot be used at all, that
represents a 100% loss, and the employee is awarded the entire
number of weeks listed on the chart. If the employee sustains a
partial loss, the benefit is calculated by multiplying the
percentage of loss by the number of weeks listed.

Definition of Scheduled Loss:
This is a special category of Permanent Partial Disability, and involves loss of eyesight or hearing, or loss of a part of the body or its use. Compensation is limited to a certain number of weeks, according to a schedule set by law. (paid according to the list BBBB posted)

I'm sorry for your friend's loss. Be glad he/she doesn't live in California. WC only values a finger loss at about $8,000 or so. The lowest in the country.

I had to go back and read. Here is the loss amount factor.

((( three fingers amputated (pinky, ring, middle) past the first knuckles )))

Meaning 3 fingers just past first knuckle, (1, 20%, 2, 20%, and 3, 20%, equals 60%) isn't removal of the full finger, which pays at the MIm 60% loss of the didgits. Then it's paid at 60% of the amount of weeks per each finger listed. Take the 60% of the weeks, times allowable pay, and you have the amount that should be paid at the mim.

Illinois doesn't pay for pain and suffering, [b]but will pay for pain after the injury has been said to heal... Can get that added in to settlement factor.[/b]

On a case-by-case basis, the Commission evaluates the physical
impairment and the effect of the disability on the injured worker's
life. Factors that may be considered include the individual's age,
skill, occupation, training, inability to engage in certain kinds of
activities, pain, stiffness, or limitation of motion. Employees are not
compensated for past pain and suffering, only for the residual pain
that is part of the permanent disability.

2 other Examples;

Example 1:
A worker earning $500/week injures his or her thumb, and the
thumb is amputated. According to the schedule, a thumb is
worth 76 weeks.
PPD weekly rate = $500 X 60% = $300
Number of weeks = 76
PPD benefit = 76 weeks X $300 = $22,800

Example 2:
A worker earning $500/week injures his or her thumb, and it is
later determined there is a 10% loss of the use of the thumb.
PPD weekly rate = $500 X 60% = $300
Number of weeks = 76 weeks X 10% = 7.6
PPD benefit = 7.6 weeks X $300 = $2,280

But, in Illinois, if as said the didgit was past the first knuckle as said here, then this information could then apply to the factor at 100%...

Loss of a part of the thumb, finger or toe up to the first joint from the tip is
considered loss of one-half the digit, e.g., 38 weeks for half a thumb. Loss
beyond the first joint is considered 100% loss of the digit.

Go to this State Link, read from Chapter #9 and down....

http://www.iwcc.il.gov/handbook020106.pdf

Please keep me up to date if you can, so if you have any more questions, or opinions, I can stay in the loop, without having to try and hash everything out all over again. I will be here for you, or your (((Friend))).

Keep in mind, some of us injured workers are medicated daily, like me, so I don't want to forget where we left off at here.