My toe was pulled off at work?

Question

I was helping someone dump a load on a fork lift and was on the forks. Driver went a little crazy and I scrambled for somewhere to hold on and ended up with foot caught in hydraulics and it severd toe and bone and pretty much pulled it off. Dr. hospitalized me and surgery was needed and pins are holdig it together and am off work for about 3 months now. Aside from workmans comp, am I elligable for a settlement? workmans comp is only sugesting 2/3rd`s of average pay which won`t be much. Can I get a lump sum of money for this?

Answer 1

It depends entirely on the workers' compensation laws in the state where you live. Generally, you are entitled to a percentage of your wages based for time lost from work. While 2/3 of your average weekly is pretty standard, the good part is that workers' comp benefits are not taxable, so they will not be taking taxes out of your check. There may be other benefits available, such as a loss of use award or a lump sum award for permanent impairment due to the injury. You can sometimes close the claim in exchange for a lump sum settlement, but that probably wouldn't be advisable until your condition has stabilized. An attorney would be a good idea as the laws can be complicated. An attorney usually only gets paid if he or she is successful in obtaining compensation for you.

Answer 2

Hate to deflate your expectations on this, but no you can't sue. In cases where you are injured on the job you can't sue your employer for 'pain and suffering' or 'punitive damages'. Workers' comp is considered a 'sole remedy' meaning since work comp is available, you can't go out and sue your employer for everything they have. In the alternative, if you did something that caused you to be injured they can't deny you benefits. Its a type of 'no fault' insurance where neither you, or the employer are considered at fault for the injury.

Right now all you are entitled to is Temporary Total Disability, which is 2/3 of your average gross wage. While you are unable to work that is all you can get. When you are released to return to work, some states give the insurance company the ability to suspend this simply because you are released to return to work, even if you choose not to. If you are released and don't go back, you don't get paid. If you go back and you have to transition back to full-time you will generally get 2/3 of the difference between what you made before you were injured and what you are making when you return. This is called Temporary Partial Disability.

You can receive a lump sum settlement for the loss of function of your toe. In most states they have what is called Permanent Partial Disability. Every body part is given a value in weeks. For example if you completely lost your big toe in Missouri it would be worth 62 weeks. If it is not lost, but severely damaged say 50% damaged you would get 31 weeks.

This is the lump sum that you would be entitled to under work comp. As for a lawyer... all they are going to do is hold up the settlement. Instead of settling in 6 months it may take 12 to 18. In the end they may get you 20-25% more then you would get on your own, but then you will owe them a fee equal to 20-25% of the settlement, so you will get no more then you would get on your own. Go to the website for the work comp board, commission, or department in your state, learn what the values of the injuries are worth and then negotiate with the insurance company yourself.

This injury is not a windfall though and you are not going to get rich off of it. If you get an attorney you may end up even loosing money.

Answer 3

I'm not sure which state you're in and workers' compensation settlements can vary from state to state. Typically, your settlement will be determined by several factors including any future medical allotted, any permanent impairment and even the amputation. Some states also factor in Activities of Daily Living and will take into account how much your injury interferes with certain aspects of your daily routine.

At this point, you'll need to sit back and take it easy. Allow yourself time to heal. You will be unable to receive any type of settlement until after you're deemed Permanent and Stationary... basically when you reach a point of maximum recovery. Depending on how your recovery goes, you may be able to return to work more quickly.

As for retaining an attorney... my advice to my patients is wait until the insurance carrier starts saying no or when you're running into a wall with the treating physician. An attorney will typically take 33% of any settlement you may receive off the top... and believe me, he gets his cut before anyone else does!

Good luck!

Answer 4

Yes you can. Well atleast I think you can.There was this guy at home depot in Bryan Texas and he wanted glass cut for his window but there was no worker available to help him for a few minutes.He tried to cut the glass (without permission) by his self and cut off his finger.He won 1.5 million dollars.That proved to me you can get a settlement on anything.Good luck.

Answer 5

Yes. You are eligible for a settlement. See a reputable lawyer--most will not charge you until you win your case. Good luck, and I am sorry for your pain.

Answer 6

oh yes u can get a lawyer NOW AND KEEP ALL PAPERS PERTAINING TO THIS IN A FILE FOLDER NOW DONT U DARE SIGN OFF OF ANYTHING UNTIL U AND YOUR LAWYER GO ALL THRU THIS DOCUMENT EVERYTHING WORK TELLS U U WOULD B SURPRISED HOW MUCH U DO 4 GET WHEN CONFRONTED WITH THIS TYPE OF SITUATION MY BEST TO YOU HUNNY I FEEL SO BAD 4 U GO FOR BIG BUCKS NOW THAT IT HAS HAPPENED!!!!!!!!!!!!!

Answer 7

Youl could at least get a consultation with a lawyer, they are usually free, and they will tell you what your chances are.

Answer 8

hell ya
sue the bastards
call a good lawyer