What is the acceptable range for a worker's comp claim for thumb-break requiring surgery on the dominant hand?

Asked about 1 year ago - Las Vegas, NV

My girlfriend was in a car accident last year in Las Vegas, NV, it was her fault, but she was covered by worker's compensation through her work. She broke her right thumb (she is right-handed), and required surgery plus lengthy physical therapy. She was out of work for 1 and a half weeks. Her physical therapy is done, and she has recovered most range of motion but is still missing some range. In addition, she has weakness in that thumb, regular soreness, which causes her to awake occasionally at night, and difficulty with prolonged writing (her job requires a lot of writing). Also she sometimes drops things with that hand accidentally. She was offered $10,300 by work. comp. In her case, what factors could make them possibly low-ball her? Any extra info is much appreciated. Thank you

Attorney answers (4)

  1. Jason D. Mills

    Pro

    Contributor Level 6

    4

    Lawyers agree

    Answered . In Nevada, the factors going into the compensation award, are; age (younger the worker the higher the award), wage (the higher the average monthly wage "AMW" the higher the award), and disability rating (based upon the PPD evaluation under the AMA Guides to the Evaluation of Permanent Impairment, 5th Edition).

    Some common ways a claimant is low balled by insurers are; an AMW calculation that is improperly made, a shoddy PPD evaluation, and an improper apportionment by either the PPD evaluator or the claims adjuster.

    To ensure the election of method "EoM" of payment determination by the insurer is correct, I suggest you contact a Nevada Work Comp attorney to evaluate if the offer is correct or if there are areas that it can be successfully challenged.

  2. Virginia Louise Hunt

    Contributor Level 8

    2

    Lawyers agree

    Answered . A workers' compensation settlement for a permanent impairment in Nevada is different than a settlement for a personal injury claim. The idea behind requiring that rating doctors on the DIR rotating list use the same AMA Guide is that rating physicians should have objective criteria and should come up with the same percentages of impairment. That idea is not reality, however. Many rating doctors are not experienced in using the Guides and make mistakes. My recommendation is that you ask an experienced workers' compensation lawyer to review the rating evaluation and offer for you. Many will do it free of charge.

    This is general information on Nevada workers' compensation law and is not intended as legal advice for any... more
  3. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    2

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    Answered . Your girlfriend should seek the advice of a Nevada WC attorney. In WC, the ONLY thing that matters is how it all ends up. Whether there is no surgery or 4 surgeries does not matter. She has an offer and she should ask an attorney what they can do for her before obligating herself.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  4. Richard Carl Binder

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . The value of any work comp case is a combination of work restrictions (in Calif whole body impairment) occupation and age. There are schedules that provided the compensation in weeks of permanent disability that it works out to. The number of weeks times the permainent disbility rate (which depends upon earnings) equals the value of the case, but that will be reduced many times to present value.

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