Suffering from an amputation, loss of limbs or disfigurement while at work can greatly impact your life. It is important to have a competent and respected attorney by your side in order to protect your rights to workers’ compensation. At MM&D, our specific loss benefits attorneys will fight to get you the compensation the law entitles you to.
Most employers and employees know that if a worker is injured on the job, he or she is entitled to benefits for lost wages in addition to medical treatment related to the injury. But many people do not realize that there is a subset of wage loss benefits, called “specific loss” benefits, that are payable to injured workers even if they do not miss any significant time from work after their injury.
Specific loss worker’s compensation benefits are available for amputations or injuries resulting in the permanent “loss of use” of a certain body part “for all practical intents and purposes.” This latter phrase is defined as a loss more severe than one that would allow the injured worker to use the injured body part in his or her employment. It does not mean that the body part is completely useless. The determination of “loss of use” is a question of fact for a Workers’ Compensation Judge to decide and is shown through the testimony of the injured worker, his doctors and/or physical therapists, and even family and friends. The question of whether the loss of use is “for all practical intents and purposes” is also a question for the Judge to decide, but is based upon an interpretation of the law surrounding this types of claims. Contact us today.
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