Workmanscomp/insurance question, help please

**Mike Hawk** · 01-27-2007, 08:55 PM

So i was at work and i was about to flush out a sewer main and the manhole fell on my middle finger and chopped off about half inch of the finger and some bone,right clean off, real nasty. i had surgery today on it. Now a few people told me that i can get like 5-10 thousand dollars from this for dismemberment. Is that true? If so, how do i go about trying to get it?

**0rion** · 01-28-2007, 12:46 AM

I'm not sure but I would think it would start with your human resources department and workman's comp.

**Bigrus** · 01-28-2007, 12:52 AM

Originally Posted by 0rion

I'm not sure but I would think it would start with your human resources department and workman's comp.

Bad advice do not go to the company they will jerk you around, or even find reason to push the blame onto you.

The best way to do this is find a lawyer who specializes in that area and talk with them usually some give advice for free or charge like 50 bucks.

Do not sign any release forms or let them get any information from a doctor until you find out from a lawyer what you are going to do.

However once you hit them up like that prepare to find a new job usually unless you just take full blame and try to stay out of the radar most companies try to get rid of you after accidents like that for this very reason.

**0rion** · 01-28-2007, 12:55 AM

Originally Posted by Bigrus

Bad advice do not go to the company they will jerk you around, or even find reason to push the blame onto you.

The best way to do this is find a lawyer who specializes in that area and talk with them usually some give advice for free or charge like 50 bucks.

Do not sign any release forms or let them get any information from a doctor until you find out from a lawyer what you are going to do.

However once you hit them up like that prepare to find a new job usually unless you just take full blame and try to stay out of the radar most companies try to get rid of you after accidents like that for this very reason.

yep, didn't think about the company deal. Good catch.

**The Silver Goat** · 01-28-2007, 01:26 AM

Can you continue to work/perform your job is the key question. You're now a stat that's going to cost them money going forward on there insurance/workman comp... If you continue to work for them I beleive you get the money. (I work for a major health insurance company and one of our subsidaries(sp) is a workman's company) If you have a couple of specific questions you'd like me to ask let me know, I know a couple of people.
If you get a lawyer you may as well start looking for another job, that I do know. The workman comp policies state specific values for injuries. Additionally, somebody will determine if you still can perform your job. An occupational therapist. If you decide to get a lawyer, find one who specializes in labor law and only takes a % of the pot, not billing you on a per hour basis...

**Sarge** · 01-28-2007, 07:22 AM

Dont forget to tell the lawyer you were practicing to be the next Johnny The Guitar Watson before the accident. Cry like a Som Bitch while you tell him how you praticed and practiced on your broom at home saving all your hard earned cash for a guitfiddle to play. Now it's all gone. Your dreams shattered. And when you flip somebody off they dont get it anymore. Your double fucked with a cherry on top. Oh yeah and talk to a lawyer. Tip of your finger is probably worth no more than a couple thousand bucks at best....

**Mike Hawk** · 01-28-2007, 10:57 AM

haha... thanks guys

**Trouble maker** · 01-28-2007, 12:51 PM

What state do you live in?this is crutial as to advise to file a work comp claim with your employer direct,or to consult an attorney.I am involved in a work comp claim dating back to march 04'.Usually specific body parts are set with pre-determined amounts,but each state is different.My advice with being the finger tip..go ahead and file it through the company.It might be worth about 2000.00 max...Companies tend to find ways to get rid of you through loopholes in their company guidelines..until they run across an employee who stands up to them and fights.(me)My attorney has literally soaked my ex-employer and has consistently ate them up and spit em out within the last couple of years..you would not believe the amount of people who are afraid to claim a valid injury,in fear of losing their job.Employers know this,and they continue to intimidate.If your injury was a little bit more severe,such as a couple of fingers..Then I would advise retainment of a lawyer.Good luck..two grand will buy you a few nice mods..or pay a couple of bills!!

**Trouble maker** · 01-28-2007, 01:06 PM

Originally Posted by The Silver Goat

Can you continue to work/perform your job is the key question. You're now a stat that's going to cost them money going forward on there insurance/workman comp... If you continue to work for them I beleive you get the money. (I work for a major health insurance company and one of our subsidaries(sp) is a workman's company) If you have a couple of specific questions you'd like me to ask let me know, I know a couple of people.
If you get a lawyer you may as well start looking for another job, that I do know. The workman comp policies state specific values for injuries. Additionally, somebody will determine if you still can perform your job. An occupational therapist. If you decide to get a lawyer, find one who specializes in labor law and only takes a % of the pot, not billing you on a per hour basis...

everything regarding your advice is correct,except the part that suggests him finding another job.My employer terminated me from my position after 18 years.I had filed a comp claim,was off a year with arm surgery.After a week past the year off mark,they terminated me,saying they can replace an employee because I have not reported to my job in a year.The arbitrator felt otherwise..judge ordered company to reinstate,(I declined)Now they are paying me every week while I recoup from back surgery.I am now offered diffriential pay,which my lawyer politely declined.The arbitrator figured the factors on how long I could do my particuliar job for,the amount I was making per year,and multiplied this amount with a 66 2/3 wage figure.This is what I stand to get compensated,plus my doctor will give me a disability rating and this to,will be factored in.So,employers have to be very careful on how they handle their workers comp claims in the future...Plus the Company is self insured,and has an underwriter handling dispersements of checks etc....

**Mike Hawk** · 01-28-2007, 04:20 PM

Well all of the work comp claim is already done, i already spoke to a workcomp lady and made a recorded statement and everything, the doctor put me on light duty for 2 weeks, so i guess i will find out later if im gonna get paid for my dismemberment, i dont plan on getting a lawyer or anything though

**Sarge** · 01-28-2007, 04:23 PM

Man up. Just the tip of your finger. Dont be an old lady about it. Was it the companies fault? Hell no. I aint got all my fingers and I didnt sue anybody. Just bleed all over everywhere. And you'll win the who has the tip of your finger cutoff contest.

**The Silver Goat** · 01-29-2007, 12:22 AM

Originally Posted by Trouble maker

everything regarding your advice is correct,except the part that suggests him finding another job.My employer terminated me from my position after 18 years.I had filed a comp claim,was off a year with arm surgery.After a week past the year off mark,they terminated me,saying they can replace an employee because I have not reported to my job in a year.The arbitrator felt otherwise..judge ordered company to reinstate,(I declined)Now they are paying me every week while I recoup from back surgery.I am now offered diffriential pay,which my lawyer politely declined.The arbitrator figured the factors on how long I could do my particuliar job for,the amount I was making per year,and multiplied this amount with a 66 2/3 wage figure.This is what I stand to get compensated,plus my doctor will give me a disability rating and this to,will be factored in.So,employers have to be very careful on how they handle their workers comp claims in the future...Plus the Company is self insured,and has an underwriter handling dispersements of checks etc....

All I meant by the statement was some companies make it hard to work for them... You can't part your hair properly. They'll write you up for anything. I should have qualified the statement.

**Trouble maker** · 01-29-2007, 06:54 PM

Originally Posted by Sarge

Man up. Just the tip of your finger. Dont be an old lady about it. Was it the companies fault? Hell no. I aint got all my fingers and I didnt sue anybody. Just bleed all over everywhere. And you'll win the who has the tip of your finger cutoff contest.

Thats the best part of comp..It's a no fault policy,and no one admits guilt or blame.....unless the employer doesn't want to pay!that's were you have a right to file a claim..statistics show that over 60% injured employees roll over and give into their employer and settle for shit...then they fire them...hell no,this is just not right!When the head of human resources called me (on the phone) to terminate me..I told him that he and the company will suffer a tremendious loss due to this..he dismissed me as another rollover..since then ,I have helped at least 15 employees from my former company.Every injury ranged from an injured arm all the way up to major back surgery.They had one guy who was not even supposed to be driving(he had knee surgery)driving the route, while a helper did all the work.I make a very strong effort to make sure that each and every one of them follow the correct steps into doing what is best for them,and then they always end up in my attorney's office.I get extreme pleasure in them getting compensated for what they deserve,and I still have a personal vendetta against the company that screwed me for 18 years of bone busting work that I provided for them,only to get shit on and more...It ain't over till its over..the word around the shop is that I have the biggest Thanksgiving turkey fork in em' that anybody has ever seen!lol....and I love every minute of it...They will think twice about fuckin over any other employee ever!!Damn this just raised my blood pressure again...lol..The moral of this story..People just need to know their rights...and don't bow down to any overpowering statistical corporate america bullshit!!!!

**Trouble maker** · 01-29-2007, 06:56 PM

Originally Posted by The Silver Goat

All I meant by the statement was some companies make it hard to work for them... You can't part your hair properly. They'll write you up for anything. I should have qualified the statement.

Gotcha..

**Trouble maker** · 01-29-2007, 06:58 PM

Maybe...I'll go to law school and become a work comp attorney,and use my avengement actions in even a more powerful way!

**Trouble maker** · 01-29-2007, 07:07 PM

Originally Posted by Mike Hawk

Well all of the work comp claim is already done, i already spoke to a workcomp lady and made a recorded statement and everything, the doctor put me on light duty for 2 weeks, so i guess i will find out later if im gonna get paid for my dismemberment, i dont plan on getting a lawyer or anything though

If they give you problems let me know...and please tell me that you are from Illinois.....

**astyles** · 01-29-2007, 08:14 PM

in cali. my wifes 53% pemanent disablity was worth 25000.00 the the laywer got his and the insurance co. got paid back the payments they had made...plus they negotiated the percentange down to 27%...cause....so she ended up with 16000.00 and re-training....the lawyer told us is she died we could have got the max....110000.00

**Trouble maker** · 01-30-2007, 01:01 PM

Originally Posted by astyles

in cali. my wifes 53% pemanent disablity was worth 25000.00 the the laywer got his and the insurance co. got paid back the payments they had made...plus they negotiated the percentange down to 27%...cause....so she ended up with 16000.00 and re-training....the lawyer told us is she died we could have got the max....110000.00

you mean 250,000 not 25,000 right?and she ended up with 160,000 not 16,000?and retraining...please tell me that you placed the decimals in the wrong position.....for 53%rating?!!I settled a left arm and hand permanent disability rating of 13%-through therapy I regained a 98% rating and have been doing great since.The case settled for 125,000 and took less than six months with very little arbitrator involvement..this doesn't include lawyer fee/costs...This was filed in cook county,Illinois..Illinois comp covers the injured quite well...