Lost use of thumb in non-dominant hand...

by Anonymous

I work in construction and was using a power saw. The saw slipped and sliced the ligament my non-dominant thumb. I had to have surgery to repair the damage. I still have no mobility in the thumb. I went for a second opinion and both doctors state that with an additional surgery I will only get, maybe, 30% more mobility.

Workmans comp wants me to have the additional surgery. I can't live off of just workmans comp while recovering. Or they want me to give them a dollar amount for a settlement. How much do you ask for if you'll never have use of your thumb again? I'm just not sure what to do here.

Visitor Question:
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ANSWER for "Lost use of thumb in non-dominant hand... ":

Anonymous (USA):

To afford you better understanding of the worth of your claim, we refer you to the Workers Compensation Act "Article 1 ยง97-31. Schedule of injuries; rate and period of compensation."

Although you have some latitude in negotiating your settlement, you are bound by the limitations of the act. Unfortunately, under the Workers Compensation Act you aren't able to recover any amount for your pain and suffering, also called emotional distress or mental anguish. Instead you will be compelled to use the computations available in the Act to figure out your demand amount.

You can always visit with an experienced workers compensation attorney. Most do not charge for an initial office consultation. If a workers compensation attorney accepts your case their fee comes not from your settlement, but instead from the state itself. You might consult with several until you are comfortable with one who you believe will fight for the highest settlement possible.

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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