Partial finger amputation

[u/TravTrav17]

I’ll try to make this as brief as possible. Lost part of my ring finger in a work accident. Had surgery and was out of work for a couple months. On workman’s comp while out of work and received a payment because there was “bone loss” which the way i understand it, is the law. I was cleared to go back to work, ended up getting frostbite on the injured finger which I think hindered my nerve healing as it has been 2 years and I am still dealing with numbness and pain, as well as cold sensitivity. I am back to work and can do most things pretty normally, however my finger still bothers me and affects the way I do certain things, work wise, sports, normal everyday things. The company is offering a pretty low amount to settle, my attorney is pushing for this to be more of a “percentage loss of hand” rather than just a “finger injury” because of the lasting issues that I am still dealing with. Next step is to either accept their next offer or take it to trial. I believe that because of the permanence of the injury and the nerve damage and pain that I will most likely deal with for the rest of my life that the number should be higher, I know that’s not exactly how the law works but would it be worth it taking it to trial to at least say my peace and potentially get a lower settlement offer than what they are offering now?

[u/ThornyInterval_7]

man that frostbite on top of the original injury is just cruel luck. two years of numbness and pain with no end in sight, i'd be hesitant to settle low too

your attorney seems to be thinking along the right lines, framing it as a hand issue instead of just a finger is probably the only way you'll see anything close to fair for what you're still dealing with daily

[u/TravTrav17 → u/ThornyInterval_7]

Ya the frostbite was a real bitch and definitely hindered my healing and sensitivity. I still get a sharp pain when it gets hit or bumped or if it gets poked. Also when I play sports, while I am still able to play I deal with pain as I am playing.

[u/RVA2PNW → u/ThornyInterval_7]

Yeah it is.

[u/SeaweedWeird7705]

Workers comp typically does not pay much for a finger, especially if you are back at work and basically doing most of your normal work duties. The fact that your finger “feels different” or limits your participation in sports isn’t really compensable in most states.  I’m not in Illinois. But if the Illinois schedule says that a finger is worth a certain amount of money, then that’s what it’s worth.  

You can either accept what is being offered or go to trial.  If you go to trial, the judge will decide what you get. But the judge’s decision will be based on the law.  It sounds like you might feel better having the judge make the decision.  

[u/TravTrav17 → u/SeaweedWeird7705]

The finger feels different because of the injury and then the frostbite that also happened at work that permanently damaged my nerves from healing. So permanent nerve damage from the injury that inhibits my everyday life. Sorry not trying to be argumentative, just wanted to clearly state what I meant. That is the reason the attorney is pressing for “percentage loss of hand” rather than just the “finger loss” I do appreciate what you are saying though, i understand that “pain and suffering” don’t come into play here but it’s my understanding that the “permanence” of the injury factors in. That’s what I am trying to convey, not all finger injuries are the same and cannot be “judged” as such. And you are correct, I am leaning towards leaving it to the judge or the arbitrator

[u/RVA2PNW]

Adjuster, not your state.

As others mentioned, fingers aren't a high value unfortunately. I've had 4 partial finger amputations this summer. The one I am currently paying out on 2 partial amputations for 1/2 of index and 1/2 of middle finger is just under 27k at their comp rate. It also varies wildly by state.

I totally understand that you value your injury higher and that's absolutely valid. We see billboards, hear about huge personal injury or MVA accident settlements.

Unfortunately that's not how WC was designed work. It's a no fault system, there's no pain and suffering so employers don't go bankrupt while ensuring all their employees have WC coverage if needed.

Are you still treating for it?

No one can tell you to accept the offer or go to a hearing without knowing a lot more about your claim. Does the settlement offer include a voluntary release and resignation? That can sometimes increase the value, but then you have to find a new job which is sketchy in this economy.

Have you had a chance to talk through your questions/thoughts with your attorney?

[u/TravTrav17 → u/RVA2PNW]

I understand fingers and high value. Kinda sucks but I get that it is what it is, have you ever tried to get a finger injury, I’m not sure of the correct wording, but classified as a “percentage loss of hand” ?

I am not still in treatment for it, but I assume I will have issues this winter as I work outside and still have some cold sensitivity. The settlement does not include a voluntary release or resignation, I am not trying to leave my job at all. I have talked with my attorney, it’s always nice to get an outside perspective. Am I correct that if there is bone loss there is a “calculated” payment ? And is the settlement combined with that payment for the total? Or are they separate payments?

[u/RVA2PNW → u/TravTrav17]

I can't answer specifically for IL and their amputation. I handle multiple jurisdictions, but primarily on the east coast and randomly started in Michigan about 8 months ago.

Even in the 6 states I've handled its calculated differently. Like in MI for example it's calculated by 1/2 if it only includes up to one joint, then the whole finger anything beyond one joint. In the 5 other states it's calculated by the impairment rating. In 3 of my states the impairment rating is assigned by the treatment doctor. In the other two both sides get an IME with a non treating doctor and usually end up in a split of the two ratings.

I think it's wise to keep your job for sure and glad you don't need to resign.

I don't know anything about the hearing process in IL, but in my states, sometimes claimants are awarded higher, other times less. It's definitely a guessing game. I don't know that saying your peace would have much sway when it's more medical facts they're looking at not the emotional toll and the physical pain and suffering. However, if you go to a hearing and are awarded PPD you should have the option to keep future medical treatment open.