QUESTION
If I had a finger amputation at work, what should I do?
Asked on Aug 01st, 2013 on Personal Injury - California
More details to this question:
I had a finger amputation working with a table on my job. I cut my thumb just above the joint. I cut the whole nail and hit the bone. My boss first told me if the workers comp call you, make sure to say that you are a sub contractor. And now he said that he will pay for hospital and the doctor and he will pay for 2 weeks of work. But my question is, my thumb is going to be short and is not going to do the same function as before and he doesn't have too much work around this area where I live now. I have to travel for 3 hours or more everyday if I continue working with him and this doesn't guarantee that he is going to keep me on the job after 1 month or 2. I was paid $1,200 a week. What should I do or what is your advice? Can somebody help me please. I will appreciate it. Thank you.
10 ANSWERS
Ronald A. Steinberg
Get a workers comp lawyer. Under Michigan law, if the employer controls how you work, where you work, when you work, and all of the aspects of the job, then whether or not he calls you a subcontractor, the economic reality is that you are an employee, and as such, he is liable for your medical expenses and your lost wages during your period of disability.
Answered on Sep 11th, 2013 at 1:07 PM
You need to file a claim for worker's compensation benefits including temporary disability benefits as wage replacement, ongoing medical treatment and a settlement for permanent disability (amputation) and future medical care.
Answered on Aug 08th, 2013 at 8:45 PM
Thomas Edward Gates
You need to file workman's compensation in order to receive compensation for your loss.
Answered on Aug 08th, 2013 at 8:45 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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File a compensation claim. This business of trying to keep you out of it is bogus. You might possibly have a products liability case against the manufacturer to the table as well.
Answered on Aug 08th, 2013 at 8:45 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Whether you deal with your boss or not is up to you. How bad do you need him? Worker comp coverage will pay for your medicals and you will get a very small lump sum for the thumb. But very little for the loss of a digit. Worker comp claims are modest unless there is total disability and they don't consider a thumb as a major injury.
Answered on Aug 08th, 2013 at 8:45 PM
You have a jerk for a boss who is trying to evade the law. He will likely fire you at some point soon. You can not trust him. He probably did not have a guard on the table saw, so there might be a case of serious and willful misconduct or an exclusion to the WC exclusive remedy provisions. You need to consult some WC applicants attorneys in your area to handle your case and see that you get the correct benefits. Technically, he can not fire you because of the injury but it is not likely that he will keep you at work any way.
Answered on Aug 08th, 2013 at 8:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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My advice for that kind of the details and facts, which I will need more of in order to be able to formulate an opinion. Sounds to me like you would have a Worker's Compensation claim if you were an employee. It would not be entitled to such claimant independent contractor. Given the long-term nature of your anticipated disability problems, as well as the medical expenses, I would suggest the would be better off making a workers compensation claim. However, as stated above, I need more facts.
Answered on Aug 08th, 2013 at 8:45 PM
Before any lawyer can advise you about your options he'd first have to know are you an employee or are you an independent contractor?
Answered on Aug 08th, 2013 at 8:45 PM
4 Awards
You need to hire a workers compensation attorney.
Answered on Aug 08th, 2013 at 8:45 PM
James Eugene Hasser
You need to be careful. You probably are an employee entitled to comp benefits. Don't talk to the adjuster until you have talked to an experienced workers comp lawyer.
Answered on Aug 08th, 2013 at 8:45 PM