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If I had a finger amputation at work, what should I do?

Brewster, NY |

I had a finger amputation working with a table on my job. I cut my thumb just above the joint. I cut the whole nail and hit the bone. My boss first told me if the workers comp call you, make sure to say that you are a sub contractor. And now he said that he will pay for hospital and the doctor and he will pay for 2 weeks of work. But my question is, my thumb is going to be short and is not going to do the same function as before and he doesn't have too much work around this area where I live now. I have to travel for 3 hours or more everyday if I continue working with him and this doesn't guarantee that he is going to keep me on the job after 1 month or 2. I was paid $1,200 a week. What should I do or what is your advice? Can somebody help me please. I will appreciate it. Thank you.

Attorney Answers 3


  1. You have the right to file for Workers' Compensation benefits. You should complete a form C-3 available on the Board's website and file it immediately. You should consult a qualified attorney for a detailed description of your rights and remedies if your claim is accepted and/or established which include but are not limited to payment of a portion of your earnings while you are disabled, payment of your medical bills and a possible award for permanent loss of use of your thumb.


  2. Hire a workers compensation lawyer and a personsl injury lawyer to see if you have a case against the manufacturer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. Dear Madam or Sir in Brewster:

    Well, a lot depends on whether you were an employee or not.

    If you were only working for this guy and he paid you salary by the week or hour and perhaps he provided some tools and you were not working for anyone else, you are probably an employee.

    You file a C-3 with the Workers' Compensation Board as soon as you can and tell your doctors to send their medical reports to the Board and to you Employer's Carrier. When your claim is 'established', the Carrier will pay your medical bills and your lost time.

    Assuming there is a permanent deformity of the Thumb, you will be entitled to a Schedule Loss of Use award around 9 - 12 months after the accident.

    Good Luck

    Leonard Feld

    The foregoing is based on the little information provided; additional facts may change the comments given.

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