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[slayer]

Hello, I was looking for some information. The short story is I was working out on my lunch hour at the fitness center on property at my work. The machine I used was not properly bolted down and shifted while I had weight (400lbs) on my shoulders. I dropped the weight "amputating" about 1/2 inch from my left thumb. I never signed any waiver releasing them from liability. The original company stance was the since it was on my lunch hour it was my responsibility and the medical and time missed would be my responsibility to worry about. Well I, have since informed them that isn't acceptable. My HR rep cam back today and basically asked me what would be needed in order to make this all go away(not in those words). Because I had, stated I do not want to sue the company. My answer was my time and medical expenses reimbursed and $4000.

My question is, does that seem appropriate? I was told by a lawyer here in Colorado that if had been a workmans comp claim that is exactly what I would recieve.

Is there anywhere on the web that lists the amounts for workmans comp?

Also, am I selling myself short by only going with this trivial amount?

Thank you for the help and assistance.

Sam

 

[charlesesq]

Hello, I was looking for some information. The short story is I was working out on my lunch hour at the fitness center on property at my work. The machine I used was not properly bolted down and shifted while I had weight (400lbs) on my shoulders. I dropped the weight "amputating" about 1/2 inch from my left thumb. I never signed any waiver releasing them from liability. The original company stance was the since it was on my lunch hour it was my responsibility and the medical and time missed would be my responsibility to worry about. Well I, have since informed them that isn't acceptable. My HR rep cam back today and basically asked me what would be needed in order to make this all go away(not in those words). Because I had, stated I do not want to sue the company. My answer was my time and medical expenses reimbursed and $4000.

My question is, does that seem appropriate? I was told by a lawyer here in Colorado that if had been a workmans comp claim that is exactly what I would recieve.

Is there anywhere on the web that lists the amounts for workmans comp?

Also, am I selling myself short by only going with this trivial amount?

Thank you for the help and assistance.

Sam

I am sorry to hear that you injured yourself so severely. However I'm not sure that this is as much a WC case as it might be a negligence/personal injury case. Nobody can state exactly what the amount of your injury may be "worth" without seeing a complete set of your medical records. In addition, I'm a little confused why you'd settle for $4,000 when your thumb was so severely injured.

I'm not sure about calculation as this isn't specifically my area but you may be looking for your state's Workers' Compensation Medical Fee Schedule and there should be something available. I don't think there is any simple chart and you may need to perform some calculations. That would be located here:

http://www.coworkforce.com/DWC/

But you may want to ask your attorney how this was calculated.

 

[slayer]

Thank you, I appreciate your reply.

I settled for so little because I didn't feel that it was not because of any negligence or intent or anything other than an accident that occured which resulted, unfortunately in the partial amputation of my thumb. Because I didn't feel my company had done anything wrong, per se, I wasn't wanting to hold them financially accountable. While I know I wasn't responsible for the accident, I followed every safe lifting technique that I know and every single one that they show you during orientation at the gym, I didn't want to have to cover the financial side of the accident. That is why I settled.

And as to your reply, that is exactly what I was looking for. I ended up calling the Board and seeking their guidance as to what the WC board would have considered a fair settlement if it had been a WC claim. I used that in my discussion with my company. I appreciate your help and effort.

I am contemplating seeking a settlement with the manufacturer of the equipment since they do not reccomend bolting it to the ground, yet provide wholes with which to do that. And if it had been a manufacture reccomendation, my company would have bolted it to the ground thus preventing the accident. But I haven't decided about that yet.

Sam