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?
Michigan workers’ comp law provides a specific loss chart for amputation. A schedule loss of use award is the minimum number of weeks that an employee must be paid for amputation of a body part as a result of a work injury.
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 paid timely.
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 in Michigan and have questions about the schedule loss of use award payout chart and need help with your workers’ comp claim? Our attorneys can help!
If you were injured on the job in Michigan and have questions about the schedule loss of use award payout chart and need help with your workers’ comp claim, call now at (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on-the-job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
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.
Remember, every workers’ comp claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers’ Comp Lawyers law firm has consistently secured the largest settlements in the state and is the best choice for your case. We never charge a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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