Visitor Question

Lost three fingers due to unsafe practices at work…

Submitted By: A (Beckley, WV USA)

I lost several fingers at work. The first was at the joint of my left index finger, and lost 1st and 2nd at the joint of my middle and ring fingers on my left hand. I’ve been off work for exactly one month. Several other employees have complained about the unsafe practices that needed corrected. It took me losing 3 fingers to get a new system in place.

I know in my state I have the right to sue the employer for putting me directly at risk. Also, workers’ comp is trying to pressure and bully me into going back to work before I’m even healed up. It’s only been one month. I still can’t even tie my shoes. I’m getting no physical therapy, and no mental therapy to help me cope.

Workers’ compensation has sent me a little under $1,500 total. I wasn’t born yesterday. How much money can I expect to gain as a result of losing these fingers (from a workers’ comp settlement)? How much if I go after the company and win? Can I do that? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear A,

From the facts you present, you have sustained a permanent partial disability, or “PPD.” According to West Virginia Compensation regulations compensation, your settleenmt will be paid as follows:

The percentage of your wages will be paid at 66 and 2/3rds, not to exceed a weekly rate of $485.05 defined by the State of Virginia’s weekly wage (SAWW).

The minimum weekly rate is $230.98, 33 1/3% of SAWW, not to exceed the Federal Minimum of $193.33 weekly or actual wages, if less.

Below is the schedule for settlement representing permanent partial disability in the State of West Virginia:

First finger (index finger). . . . . . . 35 weeks Second finger. . . . . . . . . . . . . . . 30 weeks Third finger. . . . . . . . . . . . . . . . . 20 weeks Fourth finger (little finger). . . . . . 15 weeks

Depending upon which fingers were lost, the above list of benefits should apply.

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

Best of luck,

Published: December 22, 2014

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