Injured at work and toe was removed?

Question

While I was at work last week I was doing my usual job when we go into transition of switching jobs. I work with giant hammers forging steel in a factory and we were knocking the pieces in the hammer out to set up the new job. When we do this we have to stick a big steel post about 4ft. long and weighing about 90lbs. Long story short the hammer hit post shot out and hit my foot. I was put into surgery right away and had to have a toe removed and a pin placed in another. I am now collecting what is called sickness and accident pay through my company rather then workmens comp through the union. I am wondering if anyone would have any information on what kind of settlement I could get or look into??

Answer 1

Sorry for your work site accident.

As for settlement the thing that is needed is how much of the toe  is gone.  Is it 100% of the toe? or is it a partial part of the toe?  I wouldn't look for a settlement quite yet.  I suggest that you continue to be on work comp until your doctor releases you to full duty.  What you will get is an award call Permanent Partial Disability (PPD/PPI).  Since the toe is one of the major toes in the foot I would expect that you could get anywhere from $2000-$5500 in PPD award.  Granted each state is different with awards so the number could be in accurate but I'm not sure if it's a whole toe or a partial.  A whole toe could be $10,000 in some states.

If your not represented by an attorney call the adjuster and ask them about if you will get an award and how much.  They might not be able to get an accurate number but at least you'll know you'll get something.  Also ask them if the company is taking on a third party subrogation or if they did an investigation on a possible faulty machine.  if they are than get a third party lawyer to help you on that part.  You'll never know what you can get.