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Finger Amputations and New York State Workers’ Comp

December 19, 2010 By Paul Giannetti

The New York State Workers’ Compensation Law provides for final adjustment of finger injuries between six months and a year post injury and/or surgery.

The difficulty with finger injuries is that the schedule loss of use award often does not adequately compensate the injured worker. The law contains a maximum number of weeks that is payable under a schedule loss of use award for each finger. For instances, a 100% loss of the thumb translates to a total of 75 weeks of compensation. 100% loss of the pinky finger translates to only 15 weeks of compensation. This, in essence, can mean that someone who has lost his or her entire pinky finger do to a work related injury may be limited to a total of 15 weeks lost time. The compensation law provides for absolutely no pain and suffering award. Therefore, someone who makes $600.00 per week and has a 100% loss of his or her pinky finger will likely receive a maximum lost wage payment of $6,000.00. This is a travesty but a reality.

There are certain circumstances where finger injuries can translate into classifiable conditions; but that is the exception not the rule.

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