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Lucedale Amputation Workers Compensation Lawyer
Searching for a Lucedale amputation workers compensation lawyer? The insurance company wants you to end up with a settlement mill, not with someone who will actually fight for you. An amputation is no routine claim with a routine number. The advertiser on the evening news has never put an adjuster under oath in a deposition. Scheduled member valuation before Lucedale’s Commission judge? Never.
Lucedale Amputation Workers Compensation Lawyer: Amputation Benefits Under Mississippi Workers Compensation Law
The comp statute’s schedule, 71-3-17(c), attaches fixed weeks to particular body parts, with no wiggle room. An arm is valued at 200 weeks. A leg is valued at 175 weeks. A hand is valued at 150 weeks. A foot is valued at 125 weeks. An eye is valued at 100 weeks. A thumb is valued at 60 weeks. A first finger is valued at 35 weeks. A great toe is valued at 30 weeks. A second finger is valued at 30 weeks. A third finger is valued at 20 weeks. Other toes are valued at 10 weeks. A fourth finger is valued at 15 weeks. These numbers are fixed by statute, not negotiable case by case, which means a claim’s value should be predictable once the specific body part and level of amputation are known. Section 71-3-17(19) matters more than most people realize. An amputation at the wrist or ankle, or higher, counts as losing the whole arm or leg. You are not stuck with the smaller value of the part below. That distinction alone can be worth dozens of additional weeks of benefits, and it is exactly the kind of detail a settlement mill’s secretary glosses over when she is moving quickly to close a file.
How A George County Industrial Park Machine Accident Produces An Amputation Claim
He’s clearing a jam on a stamping press at a George County Industrial Park manufacturing plant. The machine cycles while his hand is still inside the guard, and by the time his coworkers get him free, three fingers are gone above the second knuckle. Under Section 71-3-17(c), each finger carries its own fixed week value, but the real fight in a case like this is rarely the schedule itself. It is whether the loss should be valued as separate fingers under the table or, if the level of amputation reaches high enough on the hand, whether it should instead be valued as loss of use of the entire hand at 150 weeks, a potentially larger number depending on exactly where the amputation line falls. A settlement mill’s secretary applies the smallest possible schedule number without checking whether the medical documentation actually supports the larger hand-loss valuation. A real lawyer pulls the operative report and the surgeon’s own characterization of the injury to make sure the claim is valued at what it is actually worth under the statute, not at whatever number closes the file fastest.
Why The Insurance Company Wants To Depose You, Not The Other Way Around
On a catastrophic amputation claim, the insurance company’s adjuster and the machine manufacturer’s insurer both send investigators fast, because the exposure on a case like this can extend well beyond workers compensation into a separate third party product liability claim against whoever built or maintained the stamping press. The adjuster wants a recorded statement from you immediately, locking in your own words about how the accident happened before you have had time to think through the mechanical failure that actually caused it. What almost never happens on a settlement mill’s file is the reverse, actually deposing the insurance adjuster or a company safety representative under oath to establish what the company knew about the machine’s guarding problems before the accident. A real lawyer builds that record early, while a settlement mill’s secretary only ever answers the adjuster’s questions and never asks any of her own.
Facial And Head Disfigurement Benefits Most Workers Never Hear About
Facial or head disfigurement earns its own separate benefit, capped at $5,000, written into Section 71-3-17(24). The wait for the award runs a year from the injury, and that wait lets the healing process finish. A George Regional Hospital surgical technician injured by equipment that produces both an amputation and facial scarring may be entitled to this additional benefit on top of the scheduled member value for the amputation itself, a fact a settlement mill’s secretary rarely raises because it means one more line item to track and one more form to file. A real lawyer calendars that one year mark and files for the disfigurement benefit as a matter of course, not as an afterthought.
Apportionment On An Amputation Claim
A prior condition in the same limb stays out of the math until your recovery plateaus. After that point, the judge fixes the number, not the insurer. A George County retail worker with an old, minor hand injury from years earlier who suffers a new amputation in a stocking accident will often face an adjuster who assumes the old injury explains part of the current loss. That assumption is not the adjuster’s to make. A real lawyer brings in the treating surgeon to separate what the old injury actually affected from what the new amputation actually cost the worker, a distinction that can be worth real money on a scheduled member claim.
Foster Fair Fee Guarantee On Your Amputation Claim
Every amputation case I take is covered by the Foster Fair Fee Guarantee, in writing, before anything gets signed. You get more money than the fee. And on your temporary total disability check specifically, I take $0.00 in fees. Nothing. Not one dollar of fee ever comes out of that check, on any case. Try getting that same promise from a TV lawyer who values your amputation at whatever number gets his file closed by Friday.
The Lucedale workers compensation hub covers every workers comp topic for George County clients. The official state agency that administers Mississippi workers compensation claims, the Mississippi Workers’ Compensation Commission, publishes forms and rules directly for injured workers. Or reach the office at 1-833-J-Foster (1-833-536-7837).
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Has Your TV Lawyer Ever Deposed An Insurance Adjuster Under Oath? He Hasn’t.
Ask yourself does it matter if your surgeon has actually performed a revision amputation before you trust his opinion about your recovery. Ask yourself does it matter if your lawyer has actually put an insurance company’s own adjuster under oath before you let him value your claim. A scheduled member valuation dispute at the George County Courthouse can turn entirely on what the insurance company’s own file shows it knew about a dangerous machine before the accident happened, and getting that record requires a deposition, not a friendly phone call. The TV lawyer advertising for Lucedale amputation cases has never deposed an insurance adjuster under oath. He hasn’t. His secretary schedules calls, and calls are not depositions. A phone call produces nothing a judge can rely on. A deposition produces sworn testimony that can be used at a hearing.
The adjuster would rather you never see this. It is right in Section 71-3-17(19). Where the surgeon’s line falls can turn a partial hand amputation into full hand value. That’s not a five week difference. That’s not fifty weeks. On a genuinely disputed valuation, the gap between the smallest possible schedule number and the correct one can run into dozens of weeks of benefits, real money at the statutory weekly rate. An accountant does not do knee surgery. An advertiser should not argue your case. Yet volume shops treat nearly every amputation file the same way. Same lowball. Different client’s hand.
Lucedale Amputation Workers Compensation Lawyer: Frequently Asked Questions About Lucedale Amputation Claims
How Much Is An Amputation Worth Under Mississippi Workers Compensation Law?
Section 71-3-17(c) assigns set weeks to each body part. An arm gets 200, a leg 175, a hand 150, and a foot 125. Fingers and toes carry smaller numbers.
Does An Amputation Above The Wrist Count As Loss Of The Whole Arm?
Yes. Under Section 71-3-17(19), losing a limb at the wrist or ankle, or anywhere higher, is paid as the whole arm or leg.
Can I Get Additional Benefits For Facial Scarring From The Same Accident?
Possibly. A person with facial or head disfigurement may receive up to $5,000 as provided by Section 71-3-17(24), but the award has to wait until one year after the injury.
Can I Also Sue The Machine Manufacturer Separately From My Workers Compensation Claim?
Possibly, through a separate third party product liability claim, which operates independently from the workers compensation claim against your employer’s insurance.
If My Lucedale Amputation Claim Is Contested, Where Does It Go?
To an Administrative Judge, sitting at the George County Courthouse on Cox Street, number 355, in Lucedale.
P.S. Ask your lawyer one question: have you ever put an insurance adjuster under oath in a deposition? Your adjuster already has a good guess at the answer. The recorded statement can wait. Learn how amputation levels are really valued under the schedule, laid out plainly in the free book.
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