How Much Compensation Do You Get for an Amputated Finger in Pennsylvania?
Workers’ Compensation benefits are often straightforward to calculate because they are based on your existing wages, plus potential “specific loss” damages when you suffer an amputation or loss of function in a particular body part. While calculating medical care costs can complicate issues, it is often possible to estimate the benefits you can receive for an amputation injury, such as a lost finger.
Under the Pennsylvania Workers’ Comp Act, there is a section for “specific loss” benefits paid for the amputation or lost function in a finger, with a first finger being worth 50 weeks of benefits, a middle finger 40 weeks, a third finger 30 weeks, a pinky 28 weeks, and a thumb 100 weeks. There are also rules for calculating multiple losses and loss of less than a whole finger. On top of this, you get wage-loss benefits for your inability to work, typically paid at 2/3 of your average weekly wage (or 2/3 of the difference between your old and new weekly wage if you can still work to some extent), and medical benefits.
For more information and help with your specific case, call (267) 651-7945 for a free case evaluation with the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law.
Wage-Loss Benefits for a Lost Finger Injury at Work in Pennsylvania
When workers cannot work because of an injury sustained while performing their job tasks, those workers are entitled to wage-loss benefits. Typically, these “indemnity benefits” equal 2/3 of their average weekly wage before the accident. When it comes to a finger amputation injury, your ability to work is often affected for at least a limited recovery time – and potentially for a greater time if your job relied heavily on the use of that finger or you sustained other injuries, too.
As mentioned, the wage-loss benefits paid under Workers’ Comp are often 2/3 of your lost average wage, but this is not the case for everyone. Some workers make a low enough wage that they can actually receive up to half of the statewide average wage or 90% of their average wage, whichever number is smaller. The statewide average wage for 2024 is $1,325, so half of that is $662.50.
The statewide average wage is also the cap on weekly benefits, so if you made enough money that 2/3 of your average wage is over this amount, benefits will cap off at $1,325 per week.
Specific Loss Benefits for a Lost Finger in a Pennsylvania Workers’ Comp Claim
As mentioned, our Montgomery County Workers’ Comp lawyers can also help you claim “specific loss” benefits to compensate you for your loss, amputation, or total loss of function in a body part. These benefits are listed within the Workers’ Comp Act, with a specific number of weeks’ worth of 2/3 of your average wage being paid for each specific injury listed.
The listing shows 100 weeks of benefits for a lost thumb, 50 for a lost index finger, 40 for a lost middle/second finger, 30 for a lost third/ring finger, and 28 for a lost pinky.
If your thumb is cut off before the first joint but takes a substantial part of that segment, it will be treated as half of a lost thumb, but amputation beyond the first joint counts as total loss of the thumb. Similar calculations apply to fingers, with any amputation of the whole first segment and joint qualifying as half of a lost finger and anything more than that qualifying as loss of a whole finger.
When you get benefits for a half loss, the numbers listed above are just halved, so, for example, loss of half a thumb gets you 50 weeks of benefits. If you lose more than one finger, the total benefits are added together. For example, the total loss of your first and second fingers plus loss of half of your third finger would total 105 weeks of benefits (50 for the first, 40 for the second, and half of 30 for half of the third).
Lost use of a finger qualifies for the same benefits as if it were amputated. For example, severe nerve damage that does not require amputation but leaves a finger immobile would count the same as total loss of use. Keep in mind, however, that amputation that leads to reattachment often cannot get you these benefits if you ultimately retained the finger and regained use of the finger.
When Do You Go Back to Work After Finger Amputation in Pennsylvania?
The Workers’ Comp Act allows you to get wage-loss benefits as long as the injury keeps you from returning to work. If you can return to work, that cuts off those benefits, but there is also an outside maximum “healing period” for these amputation injuries. For a lost thumb or part of a thumb, this period is 10 weeks; for loss of another finger or part of a finger, it is 6 weeks.
Calculating Medical Benefits for Lost Fingers at Work in Pennsylvania
On top of these benefits already discussed, you should also receive compensation for any medical expenses to treat the injury. This includes emergency medical treatment, any follow-up care or surgical amputation later, and any physical therapy or rehabilitative care needed. Occupational therapy is also common after a finger amputation, given that you need to adapt to not being able to use that finger anymore.
These benefits are somewhat simple to calculate if your care is all wrapped up and you have all of the bills saved, but many claims are negotiated and discussed before the care is finished. Always consult with our attorneys before accepting any settlements or money for your injuries, as you usually cannot go back and claim additional money if you settle your case and release the insurance carrier/employer from further liability.
Call Our Pennsylvania Workers’ Comp Lawyers Today
If you lost a finger at work, contact our Northeast Philadelphia Workers’ Comp attorneys at Cardamone Law today at (267) 651-7945.