Fired from My Job after Getting Injured with Nerve Damage...

by Anonymous

I was on the job (as a plumber) and stuck a phillips head screwdriver 3" deep into my hand, through my thumb and index finger. My employer took me to a clinic and told me to use my own insurance. He then reported it 14 days later and then two weeks later the company let me go.

I now have permanent nerve damage to my left hand. What recourse do I have and how much do you think my case is worth?

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 "":

This is a classic case of wrongful termination. Employers are specifically restricted from terminating an employee as a result of a workplace injury and in the law of Worker's Compensation, employers can even be subject to punitive damages for this conduct.

You must do a number of things to protect yourself and preserve your case. For one, you need to document everything that has happened and will happen so far. Secondly, you may wish to contact a Worker's Compensation attorney since this is a very specialized area that is difficult to handle on your own. Third, you must get medical attention on an on-going basis to substantiate your medical claim.

As far as your question of case value, there is not enough information to assess this. Value in a normal personal injury case is based upon a number of factors, namely medical bills (or specials), loss of income and loss of use or pain and suffering.

In a workers compensation case, your settlement is based upon whether the injury has caused a disability. This disability would then be assigned a percentage (i.e. you are 50% disabled).

There is a matrix which matches percentage of disability to a dollar figure which is related to your industry. The other issue of retaliatory firing should be explained to a worker's compensation attorney to get you the relief to which you are entitled.

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

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California Permanent Disability Rating Schedule
by: Anonymous

I have nerve damage in my hand and a big staple in the palm of my hand. This happened 5 years ago. It still hasn't got any better. I have throbbing pain, numbness and hypersensitivity when I use or touch my two middle fingers. They are now figuring out my percentage disability rating. I'm in California.

What I really wanted to post here was a percentage rating schedule that California uses. It's good through 2011. This should give you an idea anyway about money amounts.

Here is the site:

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