Can I get a lump sum cash settlement for partial loss of use of my arm?

by Sam
(New Haven, CT)

I was injured on my job and tore my right bicep nearly 5 years ago. The company's insurance company covered my hospital and doctor bills at the time. A coworker recently informed me that I am also entitled to a cash settlement, as I lost 10 to 15 percent of the use of my right arm. I never claimed this permanent loss of use.

What do you think? Can I get a lump sum payment for the partial loss of use of my arm? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Can I get a lump sum cash settlement for partial loss of use of my arm?":

Sam (New Haven, CT)

You are at a severe disadvantage. It is likely you signed a release when your workers' compensation claim ended. If so, you would not have a claim for disability benefits. In the unlikely event your claim is still open, you will still have an uphill battle.

Go back and look at all the documents related to your claim. Find the claim number and telephone number of the insurance company. Contact the insurance claims adjuster who worked your claim and see if the claim may still be open.

If so, review all your medical records starting with the primary treating physician and medical narratives from any other doctors who treated you. See if any of the records indicate you sustained a disability as a direct result of the work injury. If so, ask the adjuster why your weren't compensated for your disability.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Work Disability Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: