Hand Caught in Machinery at Work in Tampa: What Are My Legal Options?

The Bureau of Labor Statistics (BLS) suggests that hand injuries are exceedingly common for American workers, with over 100,000 hand injuries recorded in an average year. If your hand was caught in machinery during a workplace accident in Tampa, you might be in the process of assessing your legal options. Can you file a workers’ compensation claim? What kinds of damages can you claim in this situation?

Can I File a Workers’ Compensation Claim in Tampa After a Hand Injury? 

You should be able to file a workers’ compensation claim in Tampa after a hand injury. However, there are a few caveats to consider. First, the workers’ comp program is only available to “employees.” If you are a gig worker or an independent contractor, you may be ineligible for benefits under this program.

If you discover that your employer has classified you as an independent contractor, do not give up hope until you have had a chance to speak with a lawyer. You may have been “misclassified,” and a workers’ comp claim may still be possible. Although workers’ comp is a no-fault system, you could lose the right to file a claim if it becomes clear that you were intoxicated or engaging in horseplay.

Once again, be sure to speak with an experienced lawyer if you face these allegations. An experienced attorney may be able to help you push back against these accusations and access compensation.

Can I Pursue Compensation for Disfigurement?

If your hand was caught in machinery, it may be crushed beyond recognition. You may be permanently disfigured. Perhaps your doctors were forced to amputate your hand. In this situation, you might wonder whether you can pursue additional compensation for disfigurement. Since disfigurement is an example of a “non-economic” (psychological) damage, workers’ comp may not cover the emotional “cost” of your injury.

However, disfigurement is certainly a factor that may impact your total compensation. In this context, the focus shifts from the emotional impacts to the disabling nature of a crippled hand. Speak with your lawyer about factors such as impairment ratings and your ability to earn income in the future.

Don’t Forget About Vocational Rehabilitation

If you work with your hands, you may benefit immensely from vocational rehabilitation. This is an often-overlooked workers’ comp benefit that allows you to access job training for a career transition. By accessing vocational rehabilitation, you can train for a new line of work that doesn’t require you to use your hands as much.

Can a Workers’ Compensation Lawyer in Tampa Help Me?

After suffering a serious hand injury, you should maximize your benefits under the workers’ compensation program. A hand injury can severely impact your ability to earn income in the future, and it may also lead to psychological distress if you are permanently disfigured. To learn more about vocational rehabilitation and other important benefits, contact Tampa workers’ compensation lawyers at The Franco Law Firm.

Source: 

bls.gov/web/osh/cd_eh1.htm