QUESTION
Could I get compensated for losing function of my finger?
Asked on Apr 26th, 2013 on Personal Injury - New York
More details to this question:
I got my finger caught in a conveyor with no E button close enough to push leaving middle finger being rubbed off all the way to the bone. I originally had an option to amputate or save. I saved but with no use of the finger whatsoever. My finger was constructed to look like a finger holding a large cup.
14 ANSWERS
Ronald A. Steinberg
That sounds like a workers compensation case.
Answered on Apr 30th, 2013 at 8:18 PM
Edwin K. Niles
You might have two options: Workers compensation or a claim for negligence. Please discuss ASAP with an injury lawyer.
Answered on Apr 30th, 2013 at 1:06 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan you are entitled to worker's compensation benefits for an on-the-job injury. Primarily these benefits consist of a statutory payment for wage loss and for medical expenses. If there was a 3rd party (ie: some one/company other than your employer) that was at fault for your incident, then you may sue them for pain & suffering, loss of use of your finger, mental anguish, etc. These cases are somewhat expensive to present and your damages will have to be significant enough to warrant the expense and risk in pursuing same (which your damages may not be). Further, in any such case the worker's comp benefits you received will act as a lien on any recovery, which also makes these cases harder to justify pursuing. It is best to consult a local lawyer for analysis/advice.
Answered on Apr 29th, 2013 at 2:25 PM
You have to file a worker's compensation claim and application for benefits, because it appears that your injuries are work-related. Based on percentage of disability you will be entitled to ongoing treatment, a settlement for permanent disability and future medical treatment.
Answered on Apr 29th, 2013 at 2:25 PM
Yes. If the accident happened while at work, you should file a workers compensation claim. You may also have a claim against the manufacturer of the conveyor.
Answered on Apr 29th, 2013 at 2:24 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Don't know. Is this job related? If so you have a worker compensation case.if it is not a work related matter then it would matter whether someone was negligent and whether you were negligent as well
Answered on Apr 29th, 2013 at 2:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Assuming that the injury occurred at work you have a workers comp.
Answered on Apr 29th, 2013 at 2:23 PM
4 Awards
You have at least two potential sources of recovery here: workers compensation and third party lawsuit. Since you were injured in the course of your employment, you should have access to workers compensation for your lost wages and medical expenses. Each state has its own system, but nearly all have scheduled losses for the loss of use of a body part including fingers. I would recommend that you speak to an experienced workers compensation attorney to assess your claim and potential recovery. You will also want to have an experienced injury lawyer to investigate the claim further to determine if there are any third party claims to be brought. This would include potential products liability claims against manufacturers, distributors and sellers of the machine if there was a design, manufacturing or warning defect with the machine. The scenario described leads me to believe that there may be design claim to be brought for improper guarding and potential warnings claims. In addition to products claims, there may also be negligence claims to purse against other outside (not your employer) companies involved in inspecting or repairing the machinery that might be culpable, among other angles to pursue. Depending upon the state you live in, there may also be a way for you to bring a claim against your employer directly beyond simply the workers compensation claim if they intentionally or recklessly placed you in harms way. This would, of course, depend upon the facts.
Answered on Apr 29th, 2013 at 2:22 PM
James Eugene Hasser
Possibly, but you would have to prove who was at fault. For instance, was it the elevator manufacturer, or the person or entity responsible for maintaining it, etc.Talk with an experienced accident lawyer.
Answered on Apr 29th, 2013 at 2:21 PM
Thomas Edward Gates
Yes, you can claim for the loss of use of your finger.
Answered on Apr 29th, 2013 at 2:21 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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See a worker's compensation attorney immediately
Answered on Apr 29th, 2013 at 2:15 PM
If this occurred at work, you have a good workers' compensation claim.
Answered on Apr 29th, 2013 at 2:15 PM
In Iowa you would have the right to file a workers' compensation claim and yes it would provide for compensation, called permanent partial disability payments.
Answered on Apr 29th, 2013 at 2:14 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. Since you have a permanent injury, you should be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received. Also: you should contact a personal injury lawyer in your area who has experience in product liability cases involving industrial machinery. You may be able to bring an action against the manufacturer of the conveyor system for having a defective design which resulted in workers such as yourself being placed in danger.
Answered on Apr 29th, 2013 at 2:14 PM