On average, workers’ compensation hand injury settlements are around $26,000, according to the National Safety Council (NSC).
If you have been in a workplace accident in Arizona that resulted in a serious injury to your hand, Matt Fendon Law Group can help you with your workers’ compensation claim. You can call us at (800) 229-3880 or contact us online to speak with one of our experienced workers’ compensation attorneys.
What is the Average Workers’ Compensation Settlement for Hand Injuries?
According to the National Safety Council (NSC), nationally, the average settlement for a workplace hand injury is about $26,000. This amount typically includes about $14,000 for medical treatment costs and approximately $11,000 for indemnity payments to compensate for lost wages.
This average settlement value can vary significantly based on the severity of the hand injury claim. For example, a carpal tunnel injury may only average $17,000, an injury with bone fractures can be more than $60,000, and an amputation can be valued at more than $100,000.
The exact amount of your hand injury settlement depends on the specific facts of your injury and, to some extent, the negotiation skill of your workers’ compensation claim lawyer.
Common Workplace Hand Injury Settlement Values
Hand injuries at work can occur from many causes and take many forms. Here are some common examples of ways you can suffer a hand injury on the job:
- Crush injuries that can result in fractured and broken bones (average settlement value between $50,000 and $200,000)
- Broken and fractured bones from blunt trauma (average settlement value between $30,000 and $90,000)
- Avulsion fractures, in which a piece of bone attached to a tendon or ligament ruptures
- Amputations of fingers or other parts of the hand (average settlement value between $75,000 and $500,000)
- Cuts and lacerations (average settlement amounts between $10,000 and $50,000)
- Nerve damage injuries like carpal tunnel syndrome (average settlement value between $15,000 and $60,000)
- Burn injuries
- Degloving injuries, in which skin and tissue are removed from the hand
The settlement ranges above are general estimates based on typical industry or insurance data, not official Arizona workers’ compensation values. Actual compensation depends on wage, impairment rating, and ICA findings.
What Can You Recover in Workers’ Compensation for a Hand Injury?
The kind of workers’ compensation you can receive for a hand injury depends on whether the injury is temporary, results in a scheduled permanent impairment, or becomes an unscheduled impairment as a result of a prior scheduled permanent impairment, and whether it is the total loss of use or a partial loss of use of the hand.
Medical Expenses Reimbursement
Workers’ compensation will compensate you for all medical costs that are reasonably connected with your work-related hand injury.
Temporary Partial Disability Benefits
If you suffer an injury to your hand that qualifies for temporary partial disability benefits, then under Arizona Revised Statutes (ARS) Section 23-1044(A), you can receive temporary disability payments up to 66 and 2/3 percent of the difference between the wages you earned before the injury and the wages you can earn afterward.
Scheduled Injury Claims for Loss of Use of a Hand
Permanent partial disability hand injury claims under Arizona workers’ compensation are scheduled claims. This means that hand injuries are covered by ARS 23-1044(B), which provides a schedule of injuries, the percentage of your average monthly wage you can recover for them, and how long you can receive workers’ compensation payment benefits.
Specifically, ARS 23-1044(B)(12) provides that:
- If you lose the use of your dominant hand, you can receive 55% of your average monthly wage for 50 months.
- If you lose the use of your non-dominant hand, you can receive 55% of your average monthly wage for 40 months.
Unscheduled Injury Claims for Loss of Use of a Hand
In some situations, a scheduled hand injury can become “unscheduled.” For unscheduled injuries, compensation is based on loss of earning capacity. Permanent benefits are generally 55% of the worker’s reduced earning capacity, not a fixed percentage of the average monthly wage.
Factors to consider that may unschedule the current hand injury claim include:
- You already have a prior scheduled permanent impairment.
- You have a prior loss of earning capacity disability, no matter how slight.
- The loss of your hand leads to a broader vocational disability that keeps you from returning to work.
- If the current hand injury is determined to be unscheduled, the Industrial Commission of Arizona (the ICA) will issue an Award determining the amount of compensation you receive for your reduced earning capacity (loss of earning capacity). This Award is subject to protest.
If you are not able to return to your date of injury work, your hand injury scheduled permanent compensation will be based upon 75% of your average monthly wage, for 50 months (dominant hand) or 40 months (non-dominant hand). If the hand injury becomes unscheduled, as previously outlined, and the ICA issues an Award of no loss of earning capacity, you will still receive the scheduled award as a rehabilitation bonus pursuant to ARS 23-1065 (B).
Partial Loss of Use of a Hand and Finger Injuries
A partial loss of the use of a hand can happen if the loss of use is less than 100%. In this case, under ARS 23-1044(B)(21), the compensation you receive becomes proportional to the impairment you experience.
So, for example, if you lose 50% of the use of your dominant hand, this translates into 25 months of compensation at 55% of your average monthly wage (50% of the 50 months you would have received under a permanent partial disability scheduled injury claim).
Another way that you may be subject to partial loss of use of your hand is if you lose the use of one or more digits on that hand.
For example, if you suffer from permanent partial disability for the loss of a thumb, this would qualify for 55% of your average monthly wage for 15 months. Depending on which finger you might lose to permanent partial disability, you could receive 55% of your average monthly wage for anywhere from four to nine months.
Hand Injury Settlements Under Workers’ Compensation
Often, you can settle with your employer’s workers’ compensation insurance company for workplace injury claims, including hand and finger injuries. These settlements can be structured as lump-sum payments.
An important difference between these two types of settlements is that it is easier to reopen a structured settlement if you need to make an adjustment to your settlement based on unforeseen developments, while lump sum settlements are often full-and-final in nature. The ability to reopen depends on whether the settlement is a full and final settlement. The ICA must approve settlements, and both lump-sum and structured settlements may be full-and-final depending on the agreement terms.
The value of your workers’ compensation settlement amount for a hand injury takes into account several factors, including:
- What your average monthly wage was before your injury
- Whether your injury is partial or total in nature, such as the amputation of a hand
- Your ability to return to your job duties
- What your future medical care needs will be, including whether you will need extensive physical therapy or rehabilitation, or the use of assistive devices or prosthetic medical treatment
- Your ability to demonstrate the extent of your injury with medical evidence
- Whether the injury was to your dominant hand
- Whether you suffered any psychological effects as a result of your injury, like depression, anxiety, or post-traumatic stress disorder
- Whether you have any third-party personal injury claims related to your work injury
Have You Suffered a Hand Injury at Work in Arizona?
The loss of use of a hand because of an on-the-job injury can have serious consequences on your ability to earn a living, whether the injury is only temporary or partial in nature, or you need permanent disability benefits. To receive the maximum compensation you need, having an experienced workers’ compensation lawyer on your side is important.
Many workers’ compensation claims settle. What you need to keep in mind is that workers’ compensation insurance company claim adjusters can be skilled and tough negotiators who will be looking for ways to reduce the value of your settlement amount. To receive the workers’ compensation benefits you deserve, you need to have an attorney on your side who is also a skilled and tough negotiator.
At Matt Fendon Law Group, our Arizona workers’ compensation attorneys have decades of experience representing injured workers in settlement negotiations with insurance company representatives. We will work to see that you do not have to settle for a low-ball offer from an insurer and that your future medical treatment needs are accounted for in any settlement, whether it is structured or a full-and-final lump sum payment.
To speak with one of our Arizona workers’ compensation lawyers about how much compensation you may be able to claim, call us at (800) 229-3880 or use our online contact form to schedule a free consultation.