That is incorrect. A claim must be filed within one year from the date of the injury, so you are definitely within the time period. You may even have more time to file a claim because you have received authorized medical care. I would encourage you to immediately obtain legal counsel. We are 404-523-6100 if you want to discuss this matter further.
You need to be out of work for seven days. You can then recover two-thirds of your average weekly wage up to $525/wk. If you return on a part time basis, you can get two-thirds of the difference up to $350/wk. You will also be eligible for benefits for your disability rating, which you will receive once your doctor says that you are as good as you are going to get. Our website, www.longandholder.com, has a lot of basic information that should be of help to you. Good luck.
I am sorry that your family is having so much trouble because of your husband's injury. On top of having to deal with your injured husband, the financial strain of the reduced income provided by workers' compensation creates hardships for many families.
Unfortunately, loss of consortium claims are not allowed in workers' compensation. Those are the claims that spouses have in personal injury cases. The law, in personal injury cases, recognizes that the spouses of injured people are also...
AS the other attorneys have mentioned, I would recommend that you have a conversation about your concerns with your lawyer. Has a Medicare Set Aside Trust (MSA) been prepared? You will need this because you have applied for SSDI. Also, are your pain meds covered by WC? It sounds as though you are paying for them out of pocket and it is unclear why they are not covered by WC. Hopefully, you will be awarded SSDI and Medicare will eventually provide medical coverage for your meds. I am sorry...
I am not quite sure that I understand your question. There are medical and indemnity benefits available to an injured worker during the case. I gather that your employer has not decided if it is going to accept the case. I would not recommend presettlement funding if at all possible.
Your employer will do what it can to spend as little money on your case as legally allowed. I am sorry that you are having so many problems.
You do have a workers' compensation case. You will not be eligible for lost wage benefits for the first three weeks because you did not have lost wages. You are right that they should have sent you to the doctor sooner. However, you do not have a cause of action against your company because of that. If you are out now, you will be eligible for benefits 21 days from when you first stopped working. I hope you are getting regular medical care now.
I think that you have a problem. Generally, on the job injuries need to be reported within 30 days of the injury, or 30 days from when the injured worker knew that the injury was caused by his job. In your case, I think that the injury needed to be reported within 30 days of the January date when you first became aware of the cause for the injury.
I am sorry that I do not have better news.
In my experience, finger amputation cases do not pay very much in WC. Middle fingers are worth 35 weeks of workers' compensation benefit. A week of benefits is the amount you would receive if you were out of work. That would be 2/3 of your average weekly wage up to a maximum of $500/wk. You would multiply the percentage of disability given to you by your doctor times 35 times your weekly benefit to see what the disability would generate. I do not think that you would need a lawyer because...
The 10% to the upper extremity is worth 22.5 weeks of benefits. The 6% to the whole person is worth 18 weeks of benefits. You are entitled to the higher number of weeks, which is 22.5. The rating to the whole body and the rating to the upper extremity are considered to be equivalent so you are entitled to one but not both.