Wednesday, July 13, 2011

loss of use in workplace injuries Part II

In Part I, i explained the standard for a finding of loss of use.  Once the finding is made, the issue arises, how much in compensation will the injured worker receive?  This is done by using the CompRates chart. 

Example:  Kim was injured in 2008 and was found to have loss of use for 1/3 of her right index finger.  Looking under the chart for under the section "Permanent Partial Schedule B Award" we see the loss of an index finger is equal to 35 weeks of compensation.  We would look at the chart and see that in 2008, the PP (B) "Actual Award" is $767.  That is, the amount of weeks would be multiplied by $767 to arrive at the amount of the award. 


The calculation would be as follows:  35 weeks divided by 1/3 loss =11.6 weeks.  11.6 weeks multiplied by $767 equals a total award of $8,897.20.

Hopefully, that example is helpful in showing how valuable a loss of use award can be.  They can be overlooked when a significant injury occurs or when further surgery results in further limitations and ankylosis.

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