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Can I get a settlement from workers comp

Katy, TX |

About a month ago I had a work related injury (broken thumb) My question is if im entitled to a settlement. Workmans comp pays my medical bills and gives me 70% of what I used to make in a week. But I've been told that I can get a settlement because the thumb is the most important finger of the hand, and it may never be fully functional. is that right? If so is it too late to take action. I'm still going to therapy and the therapist told me that I may need another surgery because the tendons have growned attached to the scarring.

I meant an additional compensation not a settlement.

Attorney Answers 2

Posted

For the most part, there are limited opportunities for settlement of a comp claim. Once you have been determined at Maximum Medical Improvement (generally no more than 104 weeks from the date you started losing time from work), you will be assigned an impairment rating. For each % of impairment, you will receive 3 additional weeks of benefits. These have a lower maximum weekly payout than the disability (TIBs) payments you currently are receiving. Depending what you are receiving, the weekly benefit may, therefore, be lower. The impairment ratings are technical determinations by a doctor but, generally, the thumb tends to be more valuable than the fingers. In that respect, the thumb injury could result in additional benefits payments. Much of that depends on your response to further treatment. Hopefully, this will answer your question. You can contact the Division of Workers' Compensation ombudsman department to discuss the particulars of your claim. There are also a number of good attorneys in the Houston area who handle claimant's cases.

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Posted

I think you should discuss this matter with an attorney licensed in Texas that is familiar with workers compensation awards and settlements. Here in Illinois, an injury like yours would probably merit a settlement of approximately 10-12.5% of a thumb, depending on the treatment rendered, the nature of the injury, etc.

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