Legal Question in Workers Comp in Georgia

Dismemberment Benefits

I lost the tip of my index finger to the first knuckle(but not the knuckle) on my primary (writing)hand. I have been asked by many people at work how much I would be getting. Am I entitled to money that I don't know about?The company I work for isn't giving me any hassle about this situation but if I'm entitled to money for loosing the tip of my finger then I think I deserve it...it's not like they grow back.


Asked on 2/05/05, 5:09 pm

2 Answers from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: Dismemberment Benefits

The Workers' Compensation Act prescribes specific member disability schedules. By reference to them, one can see the number of weeks assigned to the specific member. By reference to the rating assigned by your doctor you can then see the percentage of the specific member disability benefits to which you are entitled. However, this is not the only consideration to go into the amount of settlement which you may be able to negotiate in a particular case. I strongly recommend you consult with counsel experienced in Workers' Compensation claims to evaluate your case and determine if it would be in your interest to try to negotiate a settlement in your case. It is often the case that a settlement involves considerably more than the amount provided in the specific member disability schedules. Just one consideration is the fact that your injury is to your right hand and you are right hand dominant.

Another issue relates to whether an impairment rating has already been done. If one has been done, and the employer/insurer have not begun payments you may be entitled to some penalty for failure to make timely payment of benefits.

In any case, I would be happy to discuss these aspects of your claim and any others which might appear during a thorough and complete review of your claim on a no-obligation basis, should you wish.

Jim Hough

770-607-5300

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Answered on 2/05/05, 5:24 pm
Scott Delius Delius Law Firm, P.C.

Re: Dismemberment Benefits

The short answer to your question is usually "yes." However, I would need to speak with you to determine exactly what benefits you may be entitled to. You are welcome to contact me directly at 404.352.3400.

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Answered on 2/05/05, 5:41 pm


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