My husband cut his thumb on the job over 2 yrs ago on a construction site. Has had 4 surgeries and now has a pin replacing the first knuckle and a shortened thumb. He received workers compensation while out of work, went back to work, was told there were "no jobs", and had to find new employment. Since he wasn't fired due to his injury, because he boss simply didn't put him on jobs, and can't prove it was because of the disability, I know there's no point going that route. My question is what kind of settlements or compensation is he entitled to in NY? And out of that he has to repay the workers comp he already received? So his thumb is 17K workers comp gave him 11K over the time he was out of work so he only gets the difference? Just seems like nothing for losing his thumb & job?
Specific loss is covered by the Workers Compensation laws of each state. These awards can certainly be frustrating as they very often are underwhelming amounts. This fact can be complicated based on the extent of the specific loss. You note that he has a "shortened thumb" and the amount of specific loss injury can affect the amount he would be entitled to for a specific loss award. I would recommend you contact a NY workers compensation attorney immediately to discuss your options.
Francis J. Lafferty, IV, Esquire Helping injured workers throughout Pennsylvania. [email protected] www.norlaflaw.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania and is personal in nature, not professional in nature. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.
Generally, he will get the net difference between the total value of claim and money already received. That may be altered by the classification of different payments as wage loss or permanent impairment, so you should definitely see a NY Workers Compensation Attorney if you would like specific assistance.
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From what you are saying, his only claim can be for workers' compensation payments; an Employer is not required to "hold" a person's job.
He does not have to repay the payments received. What is unclear is your comment that "his thumb is 17k" and he received 11K.
It is possible the doctors stated he has a Schedule Loss of the thumb equal to 17,000 and less prior payments of 11,000 he would net 6,000. Perhaps that is not what you meant.
If the case is closed by schedule loss, you do have to check the number of weeks paid at Temporary Total. In the case of a thumb, the healing period is 24 weeks. If the total disability was more than 24 weeks, then the additional weeks are added on to the schedule making a larger award.
You mentioned four surgeries; if part of the hand is involved then a hand schedule is usually larger than a thumb schedule.
Sometimes, an injury results in a continuing disability not a schedule loss; that could mean continuing payments for a while.
You really should have an attorney who specializes in workers' compensation claims and talk this out.
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