I fell at work and hurt both my knees, hands, and nose more than 2 years ago. I got a fracture on my left hand which has fossilized now. Can I get compensated for this fracture because it is like a " bone scar" for the rest of my life? If I could get compensated for this fracture, can I file for this compensation myself or do I need a WC lawyer?
Based on your facts it does sound like you would qualify for loss of function and disfigurement benefits if a doctor agrees with you. I would suggest you discuss with an experienced worker's compensation attorney. Use this AVVO site to find a local attorney and read the client reviews. Good luck.
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You should definitely have a lawyer. Particularly because if you have a loss of function benefit only, the insurer will be the one to pay any attorney fee. It should not cost you anything out of your pocket. Plus, you may be entitled to other benefits that you are not aware of.
Both attorneys above pointed out - and I agree - that you could get an award for any permanent damage done. That would include both your knees, hands, nose, and, of course the fossilized "bone scar." You would need to be seen by a doctor to evaluate the degree of damage, and then bring a claim to the Dept. of Industrial Accidents to be compensated. I also agree you will need help doing this. Bringing a cliam before the DIA means going in to court, which I don't suggest doing alone.
If it helps to know, attorneys in these types of cases would have their fees charged against your employer and their insurer. It would not come out of your pocket. However, if this led to some sort of a settlement (which I don't see happening based on what you've said so far) then we would earn a contingent fee (usually 20%).
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