Specific loss benefits exist for those who must undergo amputation of an arm, leg, toe, or finger as a result of a work injury. Additionally, specific loss benefits are available to those who lose more than 50 percent of their functioning in any single body part, as well as workers who suffer facial scarring or disfigurement. Unfortunately, many of these same injured employees may be misled into believing they do not qualify for anything other than traditional workers’ compensation benefits.
Workers’ compensation insurance companies theoretically serve to provide injured workers with the full amount of compensation they deserve when they are harmed on the job. Unfortunately, insurance adjusters are often encouraged to protect their employers financially by offering as little money as possible to claimants. Because it is unlikely that an insurer will affirmatively provide information to a claimant about the potential availability of specific loss benefits, it is imperative that injured employees learn – and then enforce – their rights.
An amputated toe will generally involve a shorter recovery period than an amputated arm. To that end, the Pennsylvania workers’ compensation act sets forth the fact that different body parts have differing importance in an employee’s job. Under the statute, workers’ compensation benefits are calculated based upon an average weekly wage, and that rate is offered for a predetermined number of weeks based upon the body part which has been amputated or rendered nonfunctional.
Understanding the degree to which you may or may not be eligible for specific loss benefits when filing a workers’ compensation claim can be difficult if you are not familiar with the laws that apply to your case. This is one of several reasons to hire an attorney. At Gross & Kenny, LLP, our Philadelphia specific loss benefits attorneys will ensure you are pursuing an appropriate workers’ compensation when you file a claim. If the insurance company won’t immediately offer the payout you deserve, we are prepared to negotiate aggressively on your behalf.