My husband lost a finger at work. Should he get an attorney? He plans to go back to the same job, does not want to lose job.

Asked over 4 years ago - Boston, MA

Our health insurance is paid for through his job, so he wants to go back to the job he was at once it's healed, but is afraid he may not get paid what he is due for losing the finger. Do you think getting an attorney jepardize his job?

Attorney answers (3)

  1. Daniel Malis

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Unequivocally, yes. An attorney will ensure that appropriate benefits for loss of a digit (pursuant to Mas. Gen. Laws c. 152 s. 36) are awarded, and also ensure that he's not rushed back to work.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Getting an attorney would help, yes. If he is fired for making his worker compensation claim, that is illegal and he can sue for retaliatory discharge. See a quality attorney like Andrew Myers in Boston right away.

    You might find my Legal Guide helpful "How to Choose a Lawyer for you.”

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides.

  3. Martin Louis Leibowitz

    Contributor Level 6

    Answered . Every state is different. It is important to consult the laws of your particular state for this question. In Florida, and under the circumstances you described, my suggestion is that your husband consult with an attorney to determine the appropriate compensation your husband is due for the loss of a finger. While amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage would result in a presumption of permanent and total disability, this is not so in the case of loss of one finger. Under your husband's circumstances, he would be entitled to impairment income benefits based on the percentage of permanent impairment assigned by his physician, not to mention appropriate medical benefits. Therefore, if your husband knows his permanent impairment, an attorney can instruct him on the value of his case [a simple mathematical calculation -see section 440.15(3)(g),Florida Statutes], and he will be free to return to work, potentially without need of attorney involvement, assuming the insurance carrier properly compensates him. If not, and your husband hires an attorney which results in his termination, he will likely have a cause of action for wrongful termination pursuant to section 440.205, Florida Statutes.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides.

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