I amputated my pinky finger on the job, am I entitled to benefits even though I am a seasonal employee? 28 Answers as of May 28, 2013

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The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
Yes, typically you are entitled to benefits.
Answer Applies to: Louisiana
Replied: 1/8/2013
KEYL ADR Services, LLC | Mark D. Keyl
Check with your employer on workers comp coverage. In some cases you should be covered if it was work related.
Answer Applies to: Mississippi
Replied: 1/4/2013
Russell Rubin | Russell Rubin
Yes. You are entitled to benefits no matter your employee status.
Answer Applies to: California
Replied: 1/4/2013
Law Offices of Sandeep G. Agarwal
Law Offices of Sandeep G. Agarwal | Sandeep G. Agarwal
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.
Answer Applies to: California
Replied: 1/4/2013
Nancy Wallace, Attorney at Law
Nancy Wallace, Attorney at Law | Nancy Wallace
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.
Answer Applies to: California
Replied: 1/4/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Yes, you are entitled to workers' compensation benefits under Iowa law. The seasonal part makes no difference.
    Answer Applies to: Iowa
    Replied: 1/4/2013
    WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
    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.
    Answer Applies to: Georgia
    Replied: 1/4/2013
    Adams, Liming & Hockenberry, LLC
    Adams, Liming & Hockenberry, LLC | Sharon Cason-Adams
    Yes. In Ohio, you are entitled to file a workers compensation claim against your employer.
    Answer Applies to: Ohio
    Replied: 1/4/2013
    Deaver & Deaver, PLLC | Benjamin W. Deaver
    Yes.
    Answer Applies to: North Carolina
    Replied: 5/28/2013
    Johnson & Johnson Law Firm, PLLC | Richard Johnson
    If you were injured in the course of employment, you are entitled to benefits under the Industrial Insurance Act, with very limited exceptions.
    Answer Applies to: Washington
    Replied: 1/4/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    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.
    Answer Applies to: North Carolina
    Replied: 1/4/2013
    Law Offices of Linh T. Nguyen
    Law Offices of Linh T. Nguyen | Linh T. Nguyen
    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.
    Answer Applies to: California
    Replied: 1/4/2013
    Goodgame Law, LLC
    Goodgame Law, LLC | Jeffrey L Goodgame
    You may be entitled to a monetary recovery. You should consult an injury/ worker's compensation attorney.
    Answer Applies to: Alabama
    Replied: 1/4/2013
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    Yes, if you were on the job you are covered by workers compensation.
    Answer Applies to: Utah
    Replied: 1/4/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    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.
    Answer Applies to: Michigan
    Replied: 1/4/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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.
    Answer Applies to: New York
    Replied: 1/4/2013
    A. Dawn Hayes & Assoc. P.A.
    A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
    Yes, you would be entitled to medical care, lost wage benefits and impairment benefits.
    Answer Applies to: Florida
    Replied: 1/4/2013
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