Legal Question in Workers Comp in Texas
My husband got a 35 percent raiting loss or 2 fingers
On August 17th, my husband sustained an injury to his left hand while working. This was at no fault of his own and has not been disputed by the employer or insurance company. This injury led to the loss of his first two fingers..(pointing and middle). He also lost those two knuckles and an inch of bone down into his hand. He got staff and a bone infection and had to spend 5 weeks in a hospital two hours from home. After all was said and done he had been through 4 surgeries removing a little more each time. We have talked to endless lawyers that have said that with the circumstances at hand, there really wasn't anyone to sue except for his company, but since they had Workman's comp., there was really no where else to go with a lawsuit. I just wanted you to know where we are at now, and why we have yet to get a lawyer. He has been back at work for about 2 months now. He got an impairment rating of 35 percent by two separate unrelated doctors about three weeks ago. I have several questions.
How much to expect and when? Will this raiting more than likely be disputed. If so what do we do?
How is settlement determined. My husband is 33 and was making 55k per year. Unable to perform old job duties. Thank You, Clueless
3 Answers from Attorneys
Re: My husband got a 35 percent raiting loss or 2 fingers
Your husband needs a work comp lawyer now...unfortunately a lawyer can only be paid from the work comp benefits paid. But there is no "settlement" and he is entitled to Impairment Income which is 70% of his Temporary benefits for 105 weeks from the date he was declared at MMI....However, if he is making less than 80% of his preinjury income, he may be entitled to impairment benefits up to a total of 401 weeks...less the TIBS and 105 weeks...
Re: My husband got a 35 percent raiting loss or 2 fingers
Your husband needs a work comp lawyer now...unfortunately a lawyer can only be paid from the work comp benefits paid. But there is no "settlement" and he is entitled to Impairment Income which is 70% of his Temporary benefits for 105 weeks from the date he was declared at MMI....However, if he is making less than 80% of his preinjury income, he may be entitled to impairment benefits up to a total of 401 weeks...less the TIBS and 105 weeks...
Re: My husband got a 35 percent raiting loss or 2 fingers
Your husband needs a work comp lawyer now...unfortunately a lawyer can only be paid from the work comp benefits paid. But there is no "settlement" and he is entitled to Impairment Income which is 70% of his Temporary benefits for 105 weeks from the date he was declared at MMI....However, if he is making less than 80% of his preinjury income, he may be entitled to impairment benefits up to a total of 401 weeks...less the TIBS and 105 weeks...
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