Workers Comp Hand Injury Claims and Settlements
Work-Related Finger and Hand Injuries are Common Causes of Time Missed from Work. Learn How Much Workers Comp Pays for a Hand Injury
If you are reading this article, you probably hurt your hand on the job. And you realize how painful, limiting, and frustrating a hand injury can be.
The human hand uses dexterity, strength, and sensation to complete countless tasks at work and home. An injury to the hand occurring at work may result in time missed from work and several weeks of medical treatment, at best. And the need to switch careers at worst.
This article aims to help you through the workers comp claim process if you have suffered a job-related hand injury. I discuss the most common types of hand injuries at work, how they may affect you, and how to increase the workers compensation settlement amount for your claim.
No matter how stressed you are, remember this – you are not alone. The hand is one of the most frequently injured parts of the body because it is used for so many tasks, and a large percentage of hand injuries occur at work. With the right workers comp lawyer, you can get the medical treatment, wage loss payments, permanent partial disability benefits, and settlement you deserve.
Call now for a free consultation: (804) 251-1620 or (757) 810-5614. See why my fellow attorneys and past clients have voted me one of the best lawyers for workers compensation in Virginia. I can help you get a fair hand injury settlement that provides financial security for you and your family.
What is the Average Workers Comp Settlement Amount for Hand Injuries?
The average workers compensation settlement for hand injury claims is from $15,000 to $35,000 if you are released to full duty work when you reach maximum medical improvement. And from $55,000 to $85,000, or more, if you are unable to return to your pre-injury job or suffer additional injuries in the accident.
Hand injuries affecting the thumb, index, and middle fingers often settle for more money than those affecting the little or ring fingers.
You can compare my figures for workers comp settlements for injuries to the fingers and hands to the data provided by the National Council on Compensation Insurance’s (NCCI’s) Workers Compensation Statistical Plan database. That data, based on claims from several states, shows the total cost of workers comp claims for hand, fingers, and wrist injuries is $23,720.00 – $13,765.00 for medical expenses and $9,955.00 for indemnity benefits.
What Factors Affect the Workers Comp Settlement Value for Hand Injury Claims?
Many factors determine a fair workers comp settlement for hand and finger injuries. These factors include:
- Occupation: The more handling and grasping your pre-injury job requires, the higher the likelihood you will have to change careers after a hand injury. This increased expectation of frequent handling and fingering increases the potential settlement value.
- Hand Dominance: An injury to your dominant hand will cause more difficulty at work than an injury to your non-dominant hand, and increase the settlement value.
- Pre-Injury Average Weekly Wage: Workers compensation payments are based on how much you earned when you were hurt. The higher this number, the higher the potential settlement value.
- Causation: If you suffered a sudden trauma to your hand or fingers, you should have no problem proving causation. Causation is the legal term for showing a connection between the industrial accident and hand injury. If you instead suffered repetitive motion trauma, your case has less value. The Workers Compensation Act does not cover these types of damages.
- Is Your Treating Physician Supportive? Orthopedic surgeons treat hand injuries. Suppose the orthopedic surgeon you chose from the workers comp panel of physicians writes a supportive report. In that case, your claim will have a higher settlement value. A medical report is helpful if it finds a causal link between your occupational accident and hand injury. And if it provides work restrictions, a permanent impairment rating, or a summary of future medical expenses. If your treating physician is not supportive, your case has weaknesses.
- Is There an IME Report? Some insurers and third-party claim administrators (TPAs) such as Sedgwick or Gallagher Bassett will ask you to attend an Independent Medical Examination (IME). An IME doctor is a doctor hand-picked by the insurer to evaluate you solely for litigation. Often, the IME doctor’s report is unfavorable to your claim. But if it is favorable, you can use the report to increase the settlement value.
- Do You Have a Workers Compensation Award Letter? The Workers Compensation Commission will send a Workers Comp Award Letter if you win at trial or if the insurer accepts your claim. You have more leverage to negotiate a fair hand injury settlement if your case was awarded previously.
- Was Hand Surgery Necessary to Fix the Hand Injury? If you needed hand surgery, you would likely receive a higher impairment rating—a more significant impairment rating results in a higher settlement amount.
- Did You Develop Complex Regional Pain Syndrome (CRPS)? Some injured employees develop CRPS that spreads from their hands to their arms. If this happens, you may require additional medical treatment for chronic pain. Pain management is expensive.
- What is Your Level of Permanent Impairment? Impairment is the loss or deformity of physical body structure or function. A higher permanent impairment rating to the hand increases the settlement value. The next section of this article explains how to calculate permanent impairment for hand and finger injuries under workers comp.
- Do You Have Permanent Restrictions? When you reach maximum medical improvement (MMI) for the hand injury, your treating physician may refer you for a Functional Capacity Evaluation (FCE). The FCE’s purpose is to help determine your permanent restrictions. Permanent restrictions explain what specific activities you are unable to do because of your impairment. If your permanent disability prevents you from performing your pre-injury job, you can demand more money through settlement.
- What Symptoms Do You Have Now? Your present situation, including your symptoms and how they affect your ability to work and perform activities of daily living, is essential to increasing settlement value. Ongoing symptoms may be a sign that you will require additional surgery or receive other work restrictions in the future.
- Cosmetic Disability: Under the Workers Compensation Act, you can receive payment for scarring or disfigurement. Many hand injuries result in the buildup of scar tissue.
- Who Has Paid for Medical Treatment to Date? Your hand injury claim would have a higher potential settlement value if Medicaid or private health insurance paid for treatment for the work injury before settlement. Suppose you win at the workers comp hearing. In that case, the workers’ compensation insurer will have to reimburse your other health coverage directly or pay your healthcare providers.
- Can Your Employer Accommodate Your Light Duty Restrictions? If your employer is unable to accommodate your light duty restrictions, your claim is worth more money.
- Is a Resignation Required as Part of Settlement? Some employers, insurers, and TPAs require resignation as a part of the settlement. If this is a requirement in your case, you can ask for more money to resign and release the employer from other employment law claims you may have.
- Is Future Medical Treatment Expected? Most workers comp settlements include a buyout of future medical care. The more treatment you may need for your hand injury, the higher the potential settlement value. Make sure you know whether you will require additional surgery, physical therapy, occupational therapy, prescription medication, home or vehicle modifications, or vocational rehabilitation.
- Did You Injure any Other Body Parts in the Industrial Accident? Many of my clients suffer injuries to multiple body parts in the same accident. For example, a hand injury may be accompanied by an injury to the shoulder, neck, back, or wrist. The more injuries you suffered, the higher the potential settlement value of your case.
- Do You Have Problems with the Opposite Hand from Overuse? It is common to start to use the hand that was not injured more. But over time, this can lead to overuse and wear and tear of that hand. Suppose you experience problems with the uninjured hand from overuse. In that case, the insurer may have to pay for medical treatment and loss of use of that hand, even though you did not hurt it in the workplace accident. This situation is known as a compensable consequence injury.
- Do You Have Mental Health Problems Because of the Work Injury? Depending on how you were hurt, you may develop Post Traumatic Stress Disorder (PTSD) or depression and anxiety form the work injury. Workers comp would cover these psychological conditions if you suffered an accompanying physical injury. Remember to consider the cost of treatment for these conditions when negotiating a settlement.
- Do You Have a Third-Party Case? You may have a third-party civil action arising out of your job-related hand injury. For example, you may have a tort claim if someone else caused the work-related motor vehicle accident that resulted in your hand injury. Or if you can prove that a defective product injured you. A strong negligence claim makes it more likely that the insurer will recover part of its workers comp lien when you settle the personal injury case. This may result in a better workers comp settlement offer.
These are some of the factors that affect how much your hand injury is worth. There are many other factors to consider before starting to negotiate a settlement.
Calculating Permanent Impairment and Disability for Hand and Finger Injuries
Many injuries to the hands and fingers arising out of industrial accidents result in permanent impairment and disability.
The Workers Compensation Act establishes maximum values for permanent partial disability benefits for injuries to the fingers, hands, and arms.
The maximum amount of money you can receive for permanent loss or loss of use related to a hand or finger injury is:
- Arm Injury: 200 weeks of compensation
- Hand Injury: 150 weeks of compensation
- Thumb Injury: 60 weeks of compensation
- First Finger (Index Finger) Injury: 35 weeks of compensation
- Second Finger (Middle Finger) Injury: 30 weeks of compensation
- Third Finger (Ring Finger) Injury: 20 weeks of compensation
- Fourth Finger (Pinkie) Injury: 15 weeks of compensation
An amputation injury resulting in loss of the first phalanx (knuckle) of the thumb or finger is worth one-half the amount of money paid for loss of the entire thumb or finger.
In many cases, it makes sense to get a permanent impairment rating for the hand or arm, even if you injured just one finger on the job.
Injuries to a single finger, particularly the thumb, index, or middle finger, can significantly impair the entire hand. And impairment to the hand can cause a significant loss of use of the whole arm.
When hiring an expert to provide a permanent impairment rating, make sure you ask for scores to the individual body part injured, the hand, and the arm. You can use these different ratings to determine which one provides the highest amount of permanent partial disability benefits. This is important not only to settle your claim but also to get the most permanent partial disability benefits possible if you resolve that claim through a stipulation instead of settlement. Sometimes addressing your claim piece by piece is the best option, particularly if you have to resign to settle, and you are not ready to leave your job.
Common Work-Related Hand Injuries: Additional Things to Consider for Your Particular Hand and Finger Injury Case
Now that we have discussed factors that affect the settlement amount for hand and finger injuries, we will look at specific injuries. I explain things you should consider when negotiating a settlement for your particular hand injury.
Hand Fractures
A hand fracture is a break in one of the bones. The bones in your hand include:
- Metacarpals. These are the five long bones in the palm.
- Phalanges. These are the small bones that form the thumb and four fingers. There are two phalanges in the thumb and three in each of the other fingers.
Hand fractures are a common work-related injury. This is not surprising. We all use our hands to do our jobs, putting us at frequent risk of suffering harm. And a slip and fall, crush injury, fall from a height, or twisting injury can cause a broken hand.
Determining the type of hand fracture you suffered is essential, not only to recovery but also to assess your case’s value. This information can help you understand what treatment you may need and what permanent disability and impairment you may have. These items affect the settlement amount for hand injuries.
Orthopedic surgeons often classify hand fractures based on three factors: (1) whether it is an open or closed fracture, (2) the fracture location, and (3) the fracture configuration.
The most common hand fractures are:
- Distal Segment Fractures: These fractures account for about 25 percent of all hand fractures and occur mostly in the middle finger and thumb. Distal phalanx fractures are divided into three categories: (1) tuft fractures, (2) diaphyseal fractures, and (3) basal fractures. Tuft fracture is the most common type of distal phalanx fracture. It is a severe injury that may cause symptoms lasting six months or more.
- The Hook of Hamate Fracture: When you strike the ground with an object, such as a pole driver, you may suffer a fracture of the hook of the hamate. This bone is found in the lower part of the palm. You may be put in a cast for one to two months, but surgery may be necessary if the fracture does not heal properly.
- Boxer’s Fracture: The most common hand fracture is a fracture of the fifth metacarpal. This is the bone in the hand that supports the little finger. You may suffer a boxer’s fracture if you strike a hard object when your hand is closed in a fist.
- Flexor Digitorum Profundus Avulsion Fracture: The flexor digitorum profundus tendon inserts at the distal phalanx. Forced hyperextension of a flexed DIP joint often results in an avulsion fracture. Surgical treatment is usually needed.
- Mallet Fractures: A mallet fracture is an injury to the extensor tendon that causes avulsion of the distal phalanx. The extensor tendon is the thin tendon that straightens the end joint of your finger or thumb. You may need surgery, depending on the severity of the mallet fracture.
Finger Dislocations
Work-related finger dislocations are common.
Finger dislocations affect the distal interphalangeal (DIP), proximal interphalangeal (PIP), or metacarpophalangeal (MCP) joints. Depending on how badly the ligament is torn, surgery may be necessary to treat the finger dislocation.
PIP joint dislocation is the most common type of finger joint dislocation. Reduction is of the location is attempted at the time of injury using traction and pressure. If successful, you should have immediate relief. If unsuccessful, your surgeon may refer you for a diagnostic workup to see if there is a concurrent fracture or soft tissue injury.
Dislocations of the MCP joint often occur in the thumbs. Treatment consists of splinting and strengthening.
Sudden trauma is the most common cause of DIP joint dislocations. Often, there are accompanying fractures and soft tissue injury.
Soft Tissue Injuries to the Hand
Soft tissue injuries to the hand fall into three categories: skin injuries, fingertip injuries, and nerve injuries.
Skin Injuries
The skin on your hand is unique. The skin on the palm is thick and has a complex nerve supply, and the skin on the dorsal side (backside of your hand) is thin and elastic.
An injury to the skin on your palm will likely heal because of the nerve supply, but you may experience a loss of healthy skin texture. This loss may affect your sensation and gripping ability.
An injury to the skin on the back of the hand often results in scarring. This scarring may restrict the movement of the extensor tendons, and skin grafting or a skin flap cover may be necessary.
Fingertip Injuries
Work-related fingertip injuries often result in permanent impairment and disability, especially for manual workers.
The fingertip contains many nerve endings and has specialized skin. An injury to the tip of the finger may result in numbness, tingling, and impaired sensation. And if the injury causes a neuroma, your ability to use the entire finger may be compromised by pain. In turn, this affects your ability to grip.
Your fingernail also serves many vital functions. For example, the nail provides external protection and support to the pulp of the finger and allows you to grasp small objects. An injury to the fingernail may reduce your ability to use your fingers for detailed tasks and cause a deformity. This deformity may force you to avoid job tasks that require handling objects. Your fingernail may get caught on things frequently, causing further harm because this area is so sensitive.
The typical treatment for fingertip injuries includes desensitization therapy, particularly if you have cold intolerance. In some cases, reconstructive surgery or tendon transfer from a toe to the finger is recommended.
Nerve Injuries in the Hands and Fingers
An injury to a nerve often leads to some permanent impairment.
When evaluating a fair settlement for a hand injury case involving a damaged nerve, I examine what nerve is injured.
An injury to a digital nerve (a nerve in a finger) may result in diminished sensation and minor disability.
But an injury to a nerve in the tip of the thumb or index or middle fingers will often result in more significant disability and permanent impairment. These areas are important sensory areas of the hand. A full recovery may take six to nine months, or longer. And there will be residual effects.
The most significant nerve injury in the hand is laceration of the median or ulnar nerve. At least one study found that one-quarter of injured workers with this nerve injury did not return to work. Full recovery may take one to two years, or longer. And you may never recover fully.
Amputation Injuries Involving the Hands and Fingers
Unfortunately, amputation injuries to the hands and fingers are common in workers comp. Often, hand and finger amputations are results of construction accidents involving manufacturing plant equipment, electric saws, hammers, and other machinery used to complete the job.
Amputations involving the hands can be classified as affecting the hand’s sensory side or the hand’s power side. The sensory side consists of the thumb, index, and middle fingers. The power side consists of the ring and little fingers.
Amputation of the thumb, index, or middle finger, will impair your sensation and affect your ability to use your hand for activities that require a delicate touch.
Amputation of the ring or little finger will reduce your grip strength.
From a treatment and prognosis standpoint, the amputation stump of a finger usually heals and stabilizes about three to six months after the injury. If revision of the finger stump is required, your orthopedic surgeon may wait longer to perform the surgery.
Burn Injuries to the Hands
Burn injuries affecting the hands are common. I see them most often in cases involving car accidents, fires, and chemical spills.
The cause of the burn often determines the severity of the burn injury. For example, the general rule is that electric burns cause more damage than burns from hot water.
The need for a skin graft, the length of time it takes for a skin graft to mature, and the long term complications of the procedure are often overlooked when calculating a fair settlement value. Make sure you consider these factors if you suffered a severe burn to the hand.
Degloving Injuries to the Hand
You may suffer a degloved hand if it gets caught in machinery used at work or you have a work-related car crash.
Read this article to learn more about degloving injuries, which are often catastrophic and sometimes fatal.
Injection Injuries to the Hand
Suppose your job requires high-pressure guns to shoot paints, lubricants, vaccines, or other fluids. In that case, you are at risk of suffering a penetration injury to the hand.
In addition to the physical effects of an injection injury, which include stiffness and pain, you may also suffer infection from the toxic effects of the fluid.
Dupuytren’s Contractures
Dupuytren’s disease, also called Dupuytren’s contractures, is a common condition in men. It causes the connective tissue under the skin of your palm to thicken and form knots. This is painful and affects your ability to use the hand.
Because it is common, workers comp claims for Dupuytren’s contractures are often defended aggressively by workers comp insurers. But you can still prevail and get the benefits you need or negotiate a hand injury settlement.
To prove that Dupuytren’s contracture is related to an acute injury at work, I recommend developing evidence that shows that you:
- Suffered an injury to your hand at work;
- Did not suffer from Dupuytren’s disease before the work injury;
- Have no other health conditions predisposing Dupuytren’s;
- Developed Dupuytren’s contractures within one year of the work injury;
- First developed a single nodule in the palm of your injured hand that spread; and;
- Do not have nodules in the uninjured hand.
The general rule is that the younger you are, the easier it may be to win your workers comp claim or negotiate a settlement for Dupuytren’s contractures.
Gamekeeper’s Thumb
Gamekeeper’s thumb is a rupture of the ulnar collateral ligament (UCL) on the palm side of the thumb.
The ligament is crucial because it is responsible for pinching movements. Usually, this injury results from falling and jamming the thumb backward onto a hard surface while trying to break the fall. Sometimes surgery is necessary.
Nerve Compression Syndromes in the Hands
Carpal tunnel syndrome (CTS) is the most common compression neuropathy affecting the hand.
For more information on this condition, read my article: Workers Comp for Carpal Tunnel.
Talk with an Attorney Who Has Negotiated Some of the Largest Workers Compensation Settlements for Hand and Finger Injuries
I have represented clients who have suffered almost every type of hand and finger injury that can occur in the workplace.
No matter your occupation – airline employee, construction worker, firefighter, flight attendant, police officer, warehouse worker, nurse, or truck driver – I can help resolve your hand injury case. And evaluate your eligibility for other benefits based on your age and health, including Social Security Disability, Long Term Disability, Family and Medical Leave Act (FMLA), and Virginia Retirement System Work-Related Disability.
Call now to get the workers comp benefits you deserve and to negotiate a top-dollar hand injury settlement: (804) 251-1620 or (757) 810-5614. You must act quickly. The statute of limitations for workers compensation claims is two years. Still, you must give your employer notice of the injury within 30 days.
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