LEGAL GUIDE
Written by attorney Michael H. Gruhin | Jul 10, 2011

Ohio BWC Amputations and Loss of Use Awards

Ohio Workers' Compensation Provides benefits for catastrophic Amputation and/or Loss of Use . These awards include, but are not limited to, Ankylosis of Finger / Toe Joint (Frozen Joint); Contracture of Fingers; Loss of Hand; Loss of Use of Hand; Loss of Arm; Loss of Use of Arm; Loss of Leg / Loss of Use of Leg / Loss of Foot / Loss of Use of Foot / Loss of Sight / Loss of Hearing. Read on . . . . . . .In all amputation cases, having a Board Certified Work Comp Specialist Attorney will allow you to get all of the benefits you derserve related to such devestating injury. In these instances, you just can't go it alone. There is more to it than just getting the loss for the body part. It could include statutory permanent total disability; it could include an emotional overlay. Only a specialist can give you the guidance you need should you be faced with these injuries.

In some cases, a severe hand injury which damages the joints of the hand and/or fingers and renders them useless may qualify for an award for the "total loss" of finger(s) or even the whole hand. If you have frozen or stiff joints as a result of a severe work related hand injury, you should consult with a workers' compensation attorney. Usually, the attorney will need to look at your finger(s) and hand to make an assessment as to whether this award is available. At that point, it is necessary to collect the required medical documentation to secure the award.

If you have been injured by a machine, punch press, factory machine call a Board Certified Ohio Workers' Compensation Specialist Attorney. Protect yourself, protect your family, and get the top dollar award to which you are entitled for Amputations, Punch Press Injuries, Degloving Injuries, Amputation, Ankylosis of joints, Contractures of the fingers, loss of hearing,and/orloss of vision.

Punch Press Injuries, Machine Injuries can cause severe hand injury which damage the joints of the hand and/or fingers and renders them useless may qualify for an award for the "total loss" of finger(s) or even the whole hand. If you have frozen or stiff joints as a result of a severe work related hand injury, you should consult with a Board Certified workers' compensation specialist attorney. Usually, the attorney will need to look at your finger(s) and hand to make an assessment as to whether this award is available.

The Following Injuries, sustained in an Ohio Workers' Compensation Claim, are subject to a Statutory Compensation Schedule :

For the loss of a thumb, sixty weeks. For the loss of a first finger, commonly called index finger, thirty-five weeks. For the loss of a second finger, thirty weeks. For the loss of a third finger, twenty weeks. For the loss of a fourth finger, commonly known as the little finger, fifteen weeks.

The loss of a second, or distal, phalange of the thumb is considered equal to the loss of one half of such thumb; the loss of more than one half of such thumb is considered equal to the loss of the whole thumb.

The loss of the third, or distal, phalange of any finger is considered equal to the loss of one-third of the finger. The loss of the middle, or second, phalange of any finger is considered equal to the loss of two-thirds of the finger.

The loss of more than the middle and distal phalanges of any finger is considered equal to the loss of the whole finger. In no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.

For the loss of the metacarpal bone (bones of the palm) for the corresponding thumb, or fingers, add ten weeks to the number of weeks under this division.

For ankylosis (total stiffness of) or contractures (due to scars or injuries) which makes any of the fingers, thumbs, or parts of either useless, the same number of weeks apply to the members or parts thereof as given for the loss thereof.

If the claimant has suffered the loss of two or more fingers by amputation or ankylosis and the nature of his employment in the course of which the claimant was working at the time of the injury or occupational disease is such that the handicap or disability resulting from the loss of fingers, or loss of use of fingers, exceeds the normal handicap or disability resulting from the loss of fingers, or loss of use of fingers, the administrator may take that fact into consideration and increase the award of compensation accordingly, but the award made shall not exceed the amount of compensation for loss of a hand.

For the loss of a hand, one hundred seventy-five weeks. For the loss of an arm, two hundred twenty-five weeks. For the loss of a great toe, thirty weeks. For the loss of one of the toes other than the great toe, ten weeks. The loss of more than two-thirds of any toe is considered equal to the loss of the whole toe.

The loss of less than two-thirds of any toe is considered no loss, except as to the great toe; the loss of the great toe up to the interphalangeal joint is co-equal to the loss of one-half of the great toe; the loss of the great toe beyond the interphalangeal joint is considered equal to the loss of the whole great toe.

For the loss of a foot, one hundred fifty weeks. For the loss of a leg, two hundred weeks. For the loss of the sight of an eye, one hundred twenty-five weeks.

For the permanent partial loss of sight of an eye, the portion of one hundred twenty-five weeks as the administrator in each case determines, based upon the percentage of vision actually lost as a result of the injury or occupational disease, but, in no case shall an award of compensation be made for less than twenty-five per cent loss of uncorrected vision. "Loss of uncorrected vision" means the percentage of vision actually lost as the result of the injury or occupational disease.

For the permanent and total loss of hearing of one ear, twenty-five weeks; but in no case shall an award of compensation be made for less than permanent and total loss of hearing of one ear.

For the permanent and total loss of hearing, one hundred twenty-five weeks; but, except pursuant to the next preceding paragraph, in no case shall an award of compensation be made for less than permanent and total loss of hearing.

In case an injury or occupational disease results in serious facial or head disfigurement which either impairs or may in the future impair the opportunities to secure or retain employment, the administrator shall make an award of compensation as it deems proper and equitable, in view of the nature of the disfigurement, and not to exceed the sum of five thousand dollars. For the purpose of making the award, it is not material whether the employee is gainfully employed in any occupation or trade at the time of the administrator's determination.

Bottom line, with an Ohio work injury, you should get a Board Certified Ohio Workers' Compensation Specialist Attorney to protect your interests.

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