Workplace injuries happen every day in Arkansas. In many cases, the injury is nothing more than a cut or bruise. However, if you work with heavy machinery, in construction, or in another physical occupation, you risk the possibility of having a finger or hand amputated. Victims of a partial finger amputation face a life-long injury and the possibility of never being able to perform their job duties again. Luckily, many Arkansas employees are covered under Workers’ Compensation insurance.
If you or a loved one suffered a partial finger amputation, contact our Arkansas workers’ comp attorney for a partial finger amputation immediately. Applying for workers’ compensation is often difficult and Ken Kieklak, Attorney at Law, could provide invaluable assistance. Furthermore, an injured worker might be entitled to other compensation through a personal injury lawsuit. Call (479) 316-0438 to schedule a free consultation and review your legal options.
Partially Amputated Fingers and Workers’ Compensation in Arkansas
Workers’ compensation in Arkansas is designed to give injured workers financial assistance if they are hurt while doing their job. To receive benefits, an employee only needs to show that they were injured while engaged in the course of their employment. There is no requirement to show that their employer did anything wrong. However, workers’ comp benefits are based on statutory provisions.
Compensation benefits for injuries to a worker’s finger or hand will be received for a specific period based on the type of injury. Additionally, the injured employee will typically receive 2/3 of their salary during this period. In some cases, this compensation is capped by law.
There are specific guidelines that must be followed when you file a workers’ compensation claim. Our experienced Arkansas workers’ compensation lawyer for a partial finger amputation can help you avoid some common errors and omissions that could delay or result in the denial of your claim.
As stated above, Arkansas law determines how long you will receive workers’ compensation benefits. This period is based on the type of injury and is listed under Ark. Code § 11-9-521. For example, an employee that loses their hand in a workplace accident would receive benefits for 183 weeks. If you lost your thumb, then the period would be 73 weeks. The actual number of weeks you would receive benefits is based on what finger you lost.
However, in many cases, only a portion of a finger is amputated. Arkansas law addresses this situation. Finger amputations are further categorized by the joints lost. This means that if your finger is amputated down to the first joint, you are entitled to only half of your wages during the benefit period. Under workers’ compensation insurance, losing one joint of a finger is considered a partial amputation. Only if you lose more than two joints is your amputation consider a full amputation. If you believe your amputation was miscategorized, our experienced Arkansas workers’ comp attorney might be able to help.
In addition to lost wages, an injured employee should receive compensation for their medical expenses. It is important to note that the doctor you see must be approved by your employer or their insurance provider. The medical treatment you receive must also be approved. Failure to see the correct doctor or follow through with any prescribed medical treatment could jeopardize your workers’ compensation benefits.
Filing a Lawsuit for a Partially Amputated Finger in Arkansas
When a worker in Arkansas is injured on the job, including the partial or full amputation of their finger, they are generally entitled to receive benefits through a worker’s compensation claim. This system was put into place so an injured employee would not be required to prove that they were hurt through either negligent or intentional behavior. Workers’ compensation also provides injured employees a significantly faster way to receive necessary financial help. The trade-off in this system is that an injured worker is not permitted to file a personal injury lawsuit against their employer.
Workers’ compensation benefits are limited and may not be sufficient to cover all your economic losses. There are exceptions to the prohibition against lawsuits that allow an injured worker to file a civil court claim. For example, if your employer did not carry the required coverage, you are permitted to file a personal injury lawsuit. Additionally, there are times when an employer is negligent. If your injury was caused by a machine that was poorly maintained, lacked required safety protections, or if you were not issued standard safety gear, talk to our experienced Arkansas workers’ compensation attorney for a partial finger amputation about your legal options.
Injuries occur for a variety of reasons in the workplace. If an employee loses or partially loses a finger through the negligence of a third party, they could be entitled to seek compensation through a lawsuit. Workers’ compensation in Arkansas does not prohibit filing lawsuits against third parties – it only protects your employer. Therefore, if the equipment you were using was defective, the manufacturer could be held liable if it caused the injury.
The state statutorily caps benefits available through a workers’ compensation claim. Through a personal injury lawsuit, you could be entitled to a more significant award, including payment for your physical pain and emotional suffering.
Call Our Arkansas Workers’ Comp Attorney for a Partial Finger Amputation for a Free Consultation
Losing a finger in a work-related accident is a traumatic and life-altering event. Even in situations where only a portion of the finger is lost, an employee still might not be able to return to work in the same capacity. If you or a loved one lost a finger while at work, contact our Arkansas workers’ comp attorney to discuss your legal options. Ken Kieklak, Attorney at Law, is dedicated to helping injured Arkansas workers fight for their rightful compensation. To schedule a free consultation with our Fayetteville, AR workers comp lawyer to review your legal case, call (479) 316-0438 today.