Baltimore Workers’ Compensation Lawyers: Loss of Body Part
October 26, 2016Workplace injuries can range in severity from minor cuts and sprains to serious head and neck injuries. An example of one of the more serious injuries is the loss of a body part, like an amputated finger. In addition to the pain and discomfort of the injury itself, the individual may be unable to perform the same job duties as a result of the amputation. Fortunately, certain benefits can cover medical costs, lost wages, and other costs associated with the injury.
Workers’ Compensation classifies an amputated finger as a “specific loss,” which means that the individual has permanently lost the use of all or part of his or her finger. Insurance companies will determine either a pre-set or lump sum payment based on the employee’s injury. The amount of a lump sum payment will depend on the employee’s salary. While Workers’ Compensation covers things like medical treatment, rehabilitation, and lost wages, the specific loss payment provides a one-time, lump sum payment for the amputated finger.
Permanent Partial Disability for Amputated Fingers
In most cases, Workers’ Compensation considers finger amputations to be a permanent partial disability, which means that, while the worker may not be able to resume his or her previous work responsibilities, he or she can return to work in another capacity. However, if the employer does not have a suitable job for the employee who has lost a finger, that individual may need to look elsewhere for employment, unless there is a contractual relationship.
The benefits an employee will receive depends on the primary physician’s evaluations which looks at factors like age, overall health, education, work skills, and occasionally appearance. The physicians will send his ratings to the Workers’ Compensation adjuster, who will determine the settlement amount. If the employee is not satisfied with the settlement, he or she should contact an experienced Workers’ Compensation lawyer who can pursue a settlement that meets their needs.
Can an Employee Be Terminated After Losing a Body Part?
The Americans with Disabilities Act (ADA) states that it is illegal for an employer to discriminate against an employee because of a disability. However, there are exceptions. For example, if the employer can prove that there is not a position available that would accommodate the employee’s disability, or if the disabled employee costs the company too much money to employ, the company will not be charged with discrimination.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Represent Victims of Amputation Injuries
If you have experienced a severe workplace-injury like the loss of a finger, you may be struggling with the pain and shock of the physical loss, unsure of what to do next. The Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton are on your side and will guide you through every step of the claims process. We will work tirelessly to secure the financial compensation you deserve so that you can focus on recovering. For a free consultation, call us today at 844-556-4LAW (4529) or contact us online.
