If I was injured in 2008, been back to work at the same place, loss 33% of my left index finger, can I settle my case? 10 Answers as of March 10, 2014

I was injured at work in 2008. I had 3 surgeries and ended up losing 33% of my left index finger. I did receive compensation for the weeks that I was out. I returned to work in 2008 and been still employed by the same company since then. I would like to settle the case and relieve them of all and any responsibility to my finger. I was told I cannot as long as I am still working for that company.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Your question raises several issues not fully addressed by the facts provided. Injured in 2008 is one fact making me wonder about the statute of limitation deadline. It also brings up the settlement and if the case was settled how? In other what are the terms of settlement and did you settle the entire case including the right to receive future benefits. The only way to know if you have any right to future benefits is for a lawyer who understands the law of Iowa workers' compensation to figure out all the relevant facts and give you proper advice. If we can help give us a call; if not good luck.
Answer Applies to: Iowa
Replied: 3/10/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Worker's compensation. I think you are getting bad advise.
Answer Applies to: California
Replied: 3/7/2014
Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
You can settle your case. That fact that you are still working there is legally irrelevant. However, if the employer has a policy of not settling with current employees, you may be risking your job. Please be aware of the statute of limitations: It is 5 years from the date of the last payment of comp benefits to you or your healthcare providers.
Answer Applies to: Delaware
Replied: 3/7/2014
Pius Joseph A Professional Law Corp. | Pius Joseph
You settle by a Compromise and Release but almost all employers ask resignation as a condition of such settlement. So in short if you still want to work there you may not be able to get any lump sum.
Answer Applies to: California
Replied: 3/7/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
You were told correctly. What more do you expect to get? You can still work, can't you?
Answer Applies to: Michigan
Replied: 3/7/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    In Alabama, you have 2 years from the date of accident or last payment of compensation, whichever is later, to file suit or settle up for permanent disability benefits. You can still be working at the employer to receive those benefits. Your entitlement to medical benefits related to your job injury are open for life. Good luck.
    Answer Applies to: Alabama
    Replied: 3/7/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Since you have a permanent injury, you may 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 you have already received.
    Answer Applies to: New York
    Replied: 3/7/2014
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    Workers's compensation does not pay for pain and suffering. You are paid for time lost from work and medical expenses. If you are not out of work and if there is no more medical expenses there is little likelihood that you would receive a settlement.
    Answer Applies to: New York
    Replied: 3/7/2014
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Go hire a workers compensation lawyer and let him (or her) handle that for you.
    Answer Applies to: Florida
    Replied: 3/7/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Bad advice. why don't you talk to a worker comp lawyer. you got paid your wages (in part) based on the degree of permanency and wage averages etc. I doubt if you have anything else coming. Losing a finger is peanuts in a comp case. you get very little for a finger loss.
    Answer Applies to: North Carolina
    Replied: 3/7/2014
Click to View More Answers: