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Manfred F. Ricciardelli Jr., LLC
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Q
Can I get more than workers’ compensation if I lost my toe in a construction accident?

A

If you have lost one or more toes in a construction accident, it is likely that you will have difficulty going back to work. You may be in pain for months, have permanent difficulty walking, or be unable to stand for long periods of time—all of which can affect the life of your career. In most cases, workers’ compensation benefits will not begin to make up for your future losses, especially since the amount you receive will depend on whether or not:

  • There is damage to the big toe. If your big toe was injured, you are entitled to a maximum of $8,640 for 40 weeks. If your big toe was amputated, you may be able to receive an additional 30 percent of your workers’ compensation benefits.
  • You lost other toes. Workers’ compensation laws pay much less for damage to other toes, and allow a maximum of $3,240 for 15 weeks if they are lost.
  • The location of amputation. Your benefits will also depend on how much of your toe was lost. If the tip of a toe (above the first joint) is lost, you may only be eligible for half of the benefits. However, if the injury included the loss of the first joint, you are eligible for benefits as if you has lost the entire toe.

You may also be able to receive benefits for a permanent partial injury. You may not be able to go back to construction work after losing a toe, but you could perform sedentary work, such as filling orders or working behind a desk. You should speak to an attorney about your eligibility for permanent partial injury benefits, as well as benefits for career retraining if you can no longer do your previous job.

If your workers’ compensation for an amputation injury is about to run out, we may be able to help you get the funds you need to pay your bills. Click the link on this page to tell us about your case, or read through our client testimonials to see how we have helped others in the past.

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