Permanent Hand Injuries After Work Accidents

A permanent hand injury changes your life. It can affect your ability to keep working and continue earning a living. Under New York workers’ compensation law, that permanent loss of function may also entitle you to additional benefits, making it important to understand how permanency is evaluated.

At Sawers & Sackel, we focus exclusively on representing injured workers in Buffalo, New York. If you’ve suffered a work-related injury, our hand injury attorneys can help you understand when your condition may be considered permanent and how that can affect your workers’ compensation benefits.

When Is a Hand Injury Considered Permanent?

A hand injury is generally considered permanent once you’ve reached Maximum Medical Improvement (MMI). In New York workers’ compensation cases, MMI means your condition has recovered as much as expected and further treatment is not likely to improve your hand. Permanency is evaluated one year post injury for extremity injuries or one year post surgery, whichever is later.

At that point, your doctor evaluates any permanent loss of function. The evaluation follows the New York Workers’ Compensation Board’s Impairment Guidelines, which measure the extent of the lasting impairment based on objective medical findings.

What Happens After the Medical Report Is Filed?

The insurance carrier can accept the reported percentage or request another opinion through an Independent Medical Examination (IME). When medical opinions differ, the parties will attempt to reach a compromise to resolve the issue; if no compromise can be reached, the case will be litigated and decided by an SLU Administrative Law Judge.

The Workers’ Compensation Board reviews the reports and decides the final Schedule Loss of Use (SLU) percentage. That percentage is then used to calculate the worker’s award.

Types of Hand Injuries That Can Result in an SLU Award

Many work-related hand injuries can result in a permanent loss of use, including:

• Fractures
• Crush injuries
• Tendon injuries
• Nerve damage
• Partial amputations
• Lasting loss of motion or grip strength

The type of injury alone does not determine whether you qualify for a Schedule Loss of Use (SLU) award. Instead, the evaluation focuses on how much permanent function has been lost after you’ve reached Maximum Medical Improvement.

Under New York Workers’ Compensation Law § 15, a worker with a 100% loss of use of a hand may receive up to 244 weeks of benefits. For example, a 25% loss of use equals 61 weeks of benefits paid at the workers’ compensation rate.

Get Help With a Permanent Hand Injury Claim

A permanency claim doesn’t end with your doctor’s evaluation. The impairment rating assigned to your hand can directly affect the workers’ compensation benefits you receive, and disagreements over that rating aren’t uncommon. Having experienced representation can make a meaningful difference when the medical evidence is being reviewed, and the extent of your permanent loss of function is at issue.

Sawers & Sackel concentrates exclusively on New York workers’ compensation matters and has helped thousands of injured workers pursue the benefits available under the law. If you’ve suffered a permanent hand injury after a work accident, submit our contact form or call 716-202-2367 to discuss your claim.