Michigan attorney explains specific loss benefits under workers’ comp and the schedule loss of use award payout chart for an amputation.
Our workers’ comp attorneys want you to know your legal rights. We believe knowledge is power and it’s the best way to make sure everything is paid correctly. Insurance companies frequently make mistakes, and they are never in your favor. Here is what you need to know about Michigan workers’ comp specific loss benefits and the schedule loss of use award payout chart.
Employees hurt on-the-job are entitled to medical treatment and lost wages. The amount paid will be based upon 80% of your after-tax average weekly wage using the last 39 paid weeks. These are automatic benefits and should be paid regardless of employee fault.
What is a schedule loss of use award?
A schedule loss of use award or specific loss benefits are the minimum number of weeks that an employee must be paid from a permanent functional impairment of a body part regardless as a result of your work injury. Michigan workers’ comp law provides a schedule loss of use award payout chart for amputation.
It doesn’t matter on your ability to work and many insurance adjusters do not follow the law and will end payment early. We recommend downloading the amputation chart (Form WC-728) and having it filled out by your doctor. This can be used as proof that specific loss benefits should be paid. Send it to the insurance company by USPS certified mail return receipt requested. Penalties are available if correctly submitted and not timely paid.
Michigan Workers’ Comp Schedule Loss of Use Award Payout Chart
- Loss of thumb: 65 weeks
- Loss of first finger: 38 weeks
- Loss of second finger: 33 weeks
- Loss of third finger: 22 weeks
- Loss of fourth finger: 16 weeks
- Loss of hand: 215 weeks
- Loss of arm: 269 weeks
- Loss of Great toe: 33 weeks
- Loss of other toes: 11 weeks
- Loss of foot: 162 weeks
- Loss of leg: 215 weeks
- Loss of eye: 162 weeks
Potential legal issues and additional benefits
Specific loss benefits are supposed to be paid consecutively and not concurrently. This means that if you lose two fingers in a workplace accident, according to the Michigan workers’ comp schedule loss of use award payout chart, you should receive 38 weeks of wage loss for the first finger and then another 33 weeks of wage loss for the second finger.
Another issue is when the insurance company does follow the workers’ comp schedule loss of use award payout chart which results in them not paying the correct number of weeks based upon where the amputation occurred. For instance, the loss of the first phalange of any finger, shall be equal to the loss of half of that finger, and compensation shall be half of the amount specified above. The loss of more than one phalange should be considered as the loss of the entire finger.
Injured workers who have an amputation can get additional wage loss benefits if they continue to be disabled after the minimum number of weeks have been paid. Wage loss benefits could be owed under a theory of general disability. Specific loss has ended but a person is still disabled.
Do not let the insurance company get away with just paying the minimum amount owed to you from the workers’ comp schedule loss of use award payout chart above. Call an experienced workers’ comp attorney to find out about your legal rights and the maximum specific loss benefits payable.
Injured on the job and need help with your claim? Our attorneys can help!
If you were injured on the job and it resulted in a permanent functional impairment of a body part and you have questions about your workers’ comp claim and schedule loss of use payout chart, call now to speak with an experienced attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.
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