QUESTION

I amputated my pinky finger on the job, am I entitled to benefits even though I am a seasonal employee?

Asked on Dec 26th, 2012 on Personal Injury - California
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22 ANSWERS

Personal Injury Attorney serving Wilmington, NC at Deaver & Deaver, PLLC
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Yes.
Answered on May 28th, 2013 at 1:20 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Yes.
Answered on May 28th, 2013 at 1:19 AM

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Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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Yes, typically you are entitled to benefits.
Answered on Jan 08th, 2013 at 2:21 AM

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You can either sue your seasonal employer through the Workers' Compensation Board or in a personal injury action if it is deemed that you are not an employee. I would talk to a Workers' Compensation lawyer first and see what he says.
Answered on Jan 04th, 2013 at 1:26 PM

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Criminal Defense Attorney serving El Segundo, CA at Rubin, Inc.
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Yes. You are entitled to benefits no matter your employee status.
Answered on Jan 04th, 2013 at 1:26 PM

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Family Law Attorney serving Brunswick, GA at Vincent D. Sowerby
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Most probably yes if the employer regularly employs at least three employees. I assumed you were in Georgia. The law of another state may be different.
Answered on Jan 04th, 2013 at 1:25 PM

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Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
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Yes. If you don't receive it, speak with a workers comp attorney.
Answered on Jan 04th, 2013 at 1:24 PM

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You certainly should make a claim under your employer's Workers Compensation policy. If the employer refuses to honour your claim, you can find lawyers who are experiened in Workers Comp. matters. Check with the State Bar of Wisconsin, or the yellow pages of your local telephone directory.
Answered on Jan 04th, 2013 at 1:24 PM

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Yes, you are entitled to Indiana worker's compensation benefits of free medical care, 2/3's of your wages while off work, and payment for the amputation.
Answered on Jan 04th, 2013 at 1:22 PM

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Yes, you are entitled to workers' compensation benefits under Iowa law. The seasonal part makes no difference.
Answered on Jan 04th, 2013 at 1:21 PM

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I believe all employees receive workers compensation benefits, regardless of their status temp/perm/seasonal, etc. I suggest you immediately contact an attorney that handles workers' compensation cases. I do not. Most w.comp attorneys are paid by the employer. It likely will cost you nothing to talk to an attorney. I also lost a finger, so I empathize with you. However, it is not the worse thing that has happened to me, and I have fully adapted to 9.3 fingers.You should get some physical therapy through W.Comp to help you deal with this. Unfortunately, the loss of a single finger is not a lot of money in w.comp cases, so you should go for all the benefits, such as therapy.
Answered on Jan 04th, 2013 at 1:21 PM

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Workers Compensation Attorney serving San Bernardino, CA at Nancy Wallace, Attorney at Law
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You have a Workers Compensation claim? I would suggest getting a Certified Specialist Workers Compensation attorney. They take the same 15% of the final recovery and cost you nothing up front, but a Specialist passed an extra bar exam just in workers compensation laws. Certified Specialist attorneys must take extra courses in Workers Comp all year long so know more than regular attorneys on Workers Comp developments and regulations, but cost exactly the same as non-specialists. You will have grip loss and 'Phantom' pain in the hand, and many people suffer a psychiatric overlay from an amputation but the new Senate Bill 863 wiped out most psychiatric actions, so you need an attorney who actually works the case herself instead of passing it along to a secretary.
Answered on Jan 04th, 2013 at 1:20 PM

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Sharon Adams
Yes. In Ohio, you are entitled to file a workers compensation claim against your employer.
Answered on Jan 04th, 2013 at 12:04 PM

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NA richard@jandjlaw.com
If you were injured in the course of employment, you are entitled to benefits under the Industrial Insurance Act, with very limited exceptions.
Answered on Jan 04th, 2013 at 7:47 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Yes. But your settlement will be very small make sure your claim has been properly filed. Your boss should notify the insurance co. do so if he does not or let the NC Industrial Commission in Raleigh know.
Answered on Jan 04th, 2013 at 7:40 AM

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Employment Law Attorney serving Elk Grove, CA at Law Offices of Linh T. Nguyen
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I'm sorry to hear about your injury. Yes, you are absolutely entitled to compensation for your injury. All employees are covered by workers' compensation laws even if you are seasonal. You should contact an experienced workers' compensation attorney immediately to evaluate your case. Good luck.
Answered on Jan 04th, 2013 at 7:40 AM

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Yes, if you were on the job you are covered by workers compensation.
Answered on Jan 04th, 2013 at 7:31 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at 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 obviously have a permanent loss, you are entitled to 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. Depending on what caused the accident, there may be another possibility, if there some party other than your employer who caused the accident, such as a repair service, or if the finger was amputated due to a defectively designed matching. Construction site accidents have particular rules as well.
Answered on Jan 04th, 2013 at 7:30 AM

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Ronald A. Steinberg
It is my understanding that if you are an employee, seasonal, part time, or whatever, you are entitled to workers compensation if you are injured on the job. An amputation is a scheduled loss, under Michigan law. That means that you are entitled to a defined number of weeks worth of benefits for each specific injury. So, if you were making $10 per hour and I was making $20 per hour, and we both had the same amputation, we would both get the same number of weeks, except that I would get more dollars because of the higher wages.
Answered on Jan 04th, 2013 at 7:30 AM

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Steven Lee Miller
Yes you are entitled to workers compensation benefits. You should see a workers comp attorney immediately.
Answered on Jan 04th, 2013 at 7:29 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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May be not much. Call the insurance company that paid the medical charges.
Answered on Jan 04th, 2013 at 7:28 AM

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Automobile Accidents and Injuries Attorney serving Santa Ana, CA at Law Offices of Maurice L. Abarr
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Yes, of course.
Answered on Jan 04th, 2013 at 7:22 AM

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