The hands are some of the most useful yet fragile parts of the body. Getting a hand injury might mean missing out on the ability to work for quite some time as it heals, especially if you suffered something like a traumatic amputation or degloving injury.
Our lawyers will fight for compensation to cover your medical bills, a portion of your lost wages, and additional benefits for an amputation or lost function. However, we may also be able to pursue a lawsuit in some cases, accessing additional damages.
For a free case review, call our attorneys for hand and degloving injuries at work today at Cardamone Law. Our number is (267) 651-7945.
What is a Degloving Injury?
A degloving injury is a type of avulsion – an injury where a part of your body is traumatically torn off. Degloving refers to an avulsion on your hand or fingers, where the skin and subcutaneous fat is torn from the muscle fascia below it. It gets this name because it can look like a glove being rolled or pulled off.
Degloving injuries often involve tearing of the skin, but they can also be “closed.” In these cases, the skin and fat are still torn away from the muscle and fascia, but there is no wound opening to notice the injury.
With degloving often comes internal amputation or outright tearing off of part of your finger. These traumatic injuries often require quick action to have successful reattachment, but that is not always possible. Skin grafts and multiple surgeries might also be required to repair the injury.
How Do You Get Paid for Hand Injuries at Work?
If you were hurt at work, then you usually cannot sue your employer because of Workers’ Compensation rules. Instead, they have insurance that is supposed to cover you regardless of the cause of injury. However, lawsuits can pay additional damages when they are permitted.
Workers’ Comp
If you are an employee, then any work-related injury should be covered. Workers’ Compensation should pay for your medical expenses and around 2/3 of your lost earnings, subject to certain caps and floors. Some cases may have additional payments for amputations and other permanent injuries.
This is a no-fault system, so it can pay even when a lawsuit would be impossible, such as when you or your employer was responsible for the injury. However, it can also cover when outside third parties are liable.
Lawsuits
In a lawsuit, you have to prove who was at fault before they can be ordered to pay you. Because of Workers’ Comp rules, you cannot sue your employer for work-related injuries, so these lawsuits are often filed against outside third parties.
Manufacturers of defective power tools, machinery, and safety gear are often responsible for hand injuries and degloving, but these injuries are also common in auto accidents. Most of these examples can be grounds for a third-party lawsuit.
When you sue, you can claim the remaining damages your employer did not cover, especially pain and suffering damages.
When Should I Contact a Lawyer About My Hand Injury?
Call our attorneys for hand injuries and degloving as soon as you can after an accident. It is important to follow the rules for getting medical care from approved providers in the first 90 days of treatment, and your injury needs to be reported to your employer quite quickly for your Workers’ Comp claim to succeed.
Our lawyers can also begin negotiations and file your Workers’ Compensation case in court as soon as your claim is denied, avoiding slowdowns.
If you have a potential lawsuit, we can also start building evidence of fault that we will need later.
How Degloving Injuries Cause Amputation
Degloving often involves amputation. In these accidents, the forces that tore away your skin can often pull your finger apart at the joint, causing partial or total amputation. Sometimes the amputated finger still looks attached because it is only disconnected under your skin.
In either case, quick treatment is needed to save the affected finger(s). Even with quick treatment, you may face a reduction in fine motor skills that could affect your ability to work for months while it continues to heal. A permanent amputation can lead to much greater effects, depending on what work you did before the injury.
Benefits Available Through Workers’ Comp for Hand Injuries
Workers’ Compensation typically pays three areas of benefits:
- Medical bills related to the work injury
- 2/3 of your average wage prior to the accident if you cannot work, or 2/3 of the difference between wages before and after the injury if you are working with limitations, all subject to caps and floors
- Specific loss benefits equal to 2/3 of your average wage, subject to caps and floors, paid for a number of weeks set by the type of amputation or permanent loss you suffered.
As mentioned, these benefits are “no-fault” benefits, meaning they should issue regardless of who caused the accident.
However, this leaves some damages on the table:
- Pain and suffering
- The remaining lost earnings
- Other expenses and costs related to the accident.
If a third party – i.e., someone other than you or your employer – was at fault, then we can look into suing them for these damages.
When you file that claim, your employer’s Workers’ Comp insurance carrier can often claim back damages they already paid you to prevent you from being paid twice for the same injuries, but our lawyers can help you understand how this affects your specific claims.
Additional Payments Through Workers’ Compensation for Amputation
Specific loss benefits pay additional compensation for permanent amputation and permanent lost function. These benefits can be paid for lost hearing, lost vision, and facial scarring, but in a hand or degloving injury, loss of a finger is most likely.
These benefits are paid for the following number of weeks for each lost digit:
- Thumb – 100 weeks
- Index finger – 50 weeks
- Middle finger – 40 weeks
- Ring finger – 30 weeks
- Pinky finger – 28 weeks
Loss of half a finger qualifies for half the number of weeks, and loss of more than half counts as a whole loss. Loss of more than one digit adds the times together.
Ring avulsions, or degloving caused by a ring, are quite common to the ring finger.
Call Our Work Injury Lawyers for Hand and Degloving Injuries in Bethlehem Today
Contact Cardamone Law’s hand injury lawyers at (267) 651-7945 today to get started with a free case review.
