- You injure your arm at work;
- The injury requires multiple surgeries;
- You receive medical benefits and wage loss benefits under workers’ compensation;
- You continue to have significant arm pain and limitation;
- Are you entitled to any other benefits under workers’ compensation?
- You may be entitled to a specific loss benefit;
- To qualify, you must establish through proof that there is a specific loss and that the loss is permanent;
- The easy specific loss case is one where there is an obvious loss (i.e. Loss of an entire finger);
- In this instance, the loss is not obvious because you can still see the arm;
- A specific loss is the permanent loss of use of an injured body part for all practical intents and purposes;
- A medical doctor will have to opine you lost use of the arm for all practical intents and purposes;
- It is not necessary that the injured body part be 100% lost;
- You may prove a specific loss even if you have some use of the body part;
- You need to prove you do not have any meaningful use of the arm;
THE BOTTOM LINE:
- These types of cases are complicated and require specific proofs.