What kind of workers comp settlement can one expect for loss of toes.?

Question

I live in FL and i had a 3,000 lb. forklift battery fall on my toes because of faulty machinery. My big toe is fine put I've lost parts of three or four other toes. What is my best option as far as a settlement here?

Answer 1

What you'll be receiving is called a PPD or a PPI reward which stands for Permanent Partial Disability or a Permanent Partial Impairment. Each toe is rated a certain amount of degree's and depending on the % that is given by your doctor will be the amount of money you'll receive for the lose of toes. You can get anywhere between $2000-$15,000 is my guess.
As for settlement each state is different, if you have a lawyer it's most likely that PPD/PPI will be figured upon between your lawyer and your adjuster.

If you don't have a lawyer it doesn't hurt to ask you adjuster regarding PPD/PPI value, Remember each state is different so your value might be different from what I have.

If you go after the company that made the faulty equipment your going to need to prove whether it's faulty or not. However your adjuster and the work comp company should be able to do a subrogation against that manufacture for the faulty machinery. If they don't and you go after them than the insureance company will ride the coat tails.

Answer 2

Well, you don't get pain and suffering for workers comp. You get lost wages and medical.

So, Florida pays medical bills for three years. Likely, with parts of toes, you're NOT going to have ongoing medical bills after the injury is resolved, so the question becomes, how old are you (aka, how many years of work do you have before you retire), and how does the injury affect your earning capacity.

Depending on how much of the toes you lost, if you can still walk and stand, you haven't had ANY loss of earnings capacity, so any settlement is only going to be based on future medical bills.

And that will depend on what else is going on there.

Answer 3

Most workers comp is strictly regulated by the state. Some states have a fee schedule that detail each body part is worth so much.

Best option to settle- communication with the adjuster handling the claim.

Answer 4

A lot. If you work for a decent sized company then they'll most likely have a good insurance plan that you can milk for a lot of money if you file suit, and also for disability as well.