PARTIAL FINGER AMPUTATION SETTLEMENT DISPUTE CASE
I had the joy of representing a spunky, sweet 24-year-old who sustained a tragic work injury. Christan worked at a local factory when her left middle and ring fingers were partially amputated after getting caught in a bailer machine she operated. Basically, on her middle finger, she lost from the bottom of her nail up and half the nail on her ring finger. Christan’s injuries required two operations: one to repair the amputations and another to remove scar tissue and damaged cartilage from her left middle finger. Her surgeon did an excellent job. In the end, he released her with no work restrictions. When you’re just 24 and you’ve lost two fingertips, that’s some of the best medical news you can get. In a typical case, South Carolina workers’ compensation settlements revolve around impairment ratings, work restrictions, and future care. High impairment ratings, extremely limiting work restrictions, and expensive future medical care result in bigger settlements. Christan didn’t have those factors. The surgeon gave her a 13% impairment rating for her left hand. She
had no work restrictions. She needed no future medical care. I made it plain to Christan that her case was different because she is not only young, but she’s also a woman. That makes a huge difference in how she views her permanent disfigurement, which can be considered in a South Carolina workers’ compensation settlement. In the demand letter that drives negotiations, I pointed out to the insurance company’s lawyer that Christan is stuck with her disfigurement for longer, and it hurts her more. I made sure the insurance company remembered that she is a unique person with unique pain, as she has forever lost things women her age love to do. I did this using the reasons Christan gave me:
I also pointed out the challenges she faces in daily life. It’s hard to cut food, button her pants, and do her hair. Our negotiations got Christan a good settlement for her South Carolina workers’ compensation partial finger amputation case. The insurance company agreed to pay a settlement representing the loss of 42% of her left hand, which in Christan’s case was $25,000.
• “I can’t get my nails done anymore.”
• “I won’t be able to comfortably take engagement pictures with my ring on my finger.” • “It’s uncomfortable when I shop because people stare at my left hand.”
Past outcomes don’t guarantee future results. Every case is different, and all cases depend on unique facts and laws.
“We love because He first loved us.” –1 John 4:19 “‘Teacher, which is the greatest commandment in the Law?’ Jesus replied: ‘Love the Lord your God with all your heart and with all your soul and with all your mind. This is the first and greatest commandment. And the second is like it: Love your Good News
Feta Chicken Burgers
Inspired by TasteOfHome.com
Ingredients
•
1/4 cup finely chopped cucumber
• 1 tsp garlic powder • 1/2 tsp Greek seasoning • 1/4 tsp black pepper • 1 1/2 lbs lean ground chicken • 1 cup crumbled feta cheese • 6 whole wheat hamburger buns, split and toasted
• 1/4 cup reduced-fat mayonnaise
BURGERS: • 1/2 cup chopped roasted sweet red pepper
Directions 1. Preheat broiler and mix chopped cucumber and mayonnaise. 2. For the burgers, mix the red pepper, garlic powder, Greek seasoning, and black pepper. Add chicken and cheese; mix lightly but thoroughly (the mixture will be sticky). Shape into 6 patties about 1/2-inch thick. 3. Broil burgers, remembering to cook both sides thoroughly. Serve on buns with cucumber sauce. If desired, top with lettuce and tomato. Enjoy!
neighbor as yourself.’” –Matthew 22:36-39
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