Michigan attorney explains specific loss benefits under workers’ comp and how much should be paid for 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 specific loss benefits and the schedule loss of use chart (workers’ compensation injury 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 Schedule Loss of Use?
Schedule loss of use award or specific loss benefits are the minimum number of weeks that an employee must be paid regardless of ability to work. Michigan law provides a schedule loss of use chart (workers’ compensation injury chart) for amputation. Many insurance adjusters do not follow this Michigan 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.
Schedule Loss of Use Chart (Workers’ Compensation Injury 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
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 schedule loss of use 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 schedule loss of use chart (workers’ compensation injury 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. Do not let the insurance company get away with just paying the minimum amount owed to you from the schedule loss of use chart (workers’ compensation injury) chart above. Call an experienced workers’ comp attorney to find out about your legal rights and the maximum specific loss benefits payable.
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.