Machines, conveyors, presses, saws, forklifts and compactors cause some of the most serious injuries we see: crushed hands, amputated fingers, broken bones and deep lacerations. These injuries happen in plants, warehouses, recycling and sanitation work, kitchens, print shops and construction sites. New York workers’ comp covers them, and the permanent awards in these cases can be significant.
The short answer
- Workers’ comp pays your medical care, including surgery, prosthetics and therapy, and two-thirds of your average weekly wage while you are out.
- Losing a finger, hand, arm, foot or leg, or losing its use, leads to a schedule loss of use award set by law.
- Serious scarring of the face or head can support a separate disfigurement award.
- If the machine was defective or unguarded, you may also have a lawsuit against the manufacturer or another company.
Common machine and industrial injuries
- Fingers and hands caught in presses, rollers, conveyors and meat slicers
- Crush injuries from forklifts, pallet jacks, falling loads and compactors
- Amputations from saws, cutters and unguarded moving parts
- Fractures and degloving injuries
- Burns and eye injuries from equipment and hot materials
What an amputation is worth under the schedule
Section 15 of the Workers’ Compensation Law assigns a number of weeks of benefits to each body part. Losing the whole part is worth the full number of weeks, and partial loss or loss of use is worth a percentage. A few examples:
- Thumb: 75 weeks
- Index finger: 46 weeks
- Middle finger: 30 weeks
- Ring finger: 25 weeks
- Little finger: 15 weeks
- Hand: 244 weeks
- Arm: 312 weeks
- Foot: 205 weeks
- Leg: 288 weeks
The award is those weeks multiplied by two-thirds of your average weekly wage, subject to the state maximum. Our schedule loss of use page explains how the percentages are set, and the benefits calculator can give you an estimate.
Disfigurement
Serious scarring of the face or head from a work injury can support a disfigurement award of up to $20,000, decided by the Board after it reviews the scarring. This is separate from your lost wage benefits.
Lawsuits against the machine maker or others
Workers’ comp is generally your only remedy against your own employer. But if the machine was badly designed, missing a guard when it was sold, or maintained by an outside company, you may have a lawsuit against the manufacturer or that company. That is a personal injury case, separate from workers’ comp. Call us first: we will handle your workers’ comp claim, and if you have a lawsuit too, we will put you in touch with a lawyer who handles product liability cases and coordinate the two. Preserve evidence: photos of the machine, the make and model, and the names of witnesses. The comp carrier may have a lien on any recovery.
After a serious injury
- Get emergency care, and make sure the hospital records say it happened at work.
- Report the injury to your employer in writing within 30 days.
- File a claim with the Workers’ Compensation Board.
- Do not sign anything from an insurance company before you get advice.
Frequently asked questions
How much is a finger amputation worth in New York workers’ comp?
The law assigns a number of weeks to each finger, for example 46 weeks for the index finger and 75 weeks for the thumb. The award is those weeks times two-thirds of your average weekly wage, subject to the state maximum.
Can I sue my employer if a machine cut off my finger?
Usually not. Workers’ comp is generally your only remedy against your employer. You may be able to sue the machine manufacturer or another company that was responsible.
Does workers’ comp pay for scarring?
Serious scarring of the face or head can support a disfigurement award of up to $20,000, separate from your lost wage benefits.
Talk to a New York workers’ compensation attorney
The Law Offices of Frank J. Dito, Jr. handles workers’ compensation claims for machine and industrial injuries from the office on Staten Island, for injured workers throughout the five boroughs and across New York State.
Call 718.701.2776 or 800.310.5520. Consultations are free, at our office, by phone or by video call. If we don’t recover money for you, we don’t get paid.