If someone injures two or more fingers, do you have to treat the claim as loss of use of the hand?
Editor’s comment: We get asked this question so often; we have to give you a summary approach to the concept. Right now, the weekly permanency value for complete loss of use of the hand is 205 weeks. The combined weekly permanency value for loss of use of the
- THUMB 76
- INDEX FINGER 43
- MIDDLE FINGER 38
- RING FINGER 27
- LITTLE FINGER 22
The combined weekly PPD value of all digits is 206 weeks or one week more than the complete value for loss of use of the hand.
In section 8(e-9) of the Illinois Act, it states:
The loss of 2 or more digits, or one or more phalanges of 2 or more digits, of a hand may be compensated on the basis of partial loss of use of a hand, provided, further, that the loss of 4 digits, or the loss of use of 4 digits, in the same hand shall constitute the complete loss of a hand.
This provision is a constant source of confusion for adjusters and claimant attorneys alike. If you take a careful look, you will note the word “may” means the Arbitrator and the Commission thereafter, has discretion to award loss of use of the hand if an injured worker has injuries to at least two digits or fingers.
We don’t feel this means you have to pay both the loss of the fingers and the loss of use of a hand unless four digits are gone.
You can pay it as loss of use of the fingers or loss of use of the hand and match the amounts being offered and paid.
They did make a mess of things when they changed the rates for amputation loss to the dramatically higher weekly minimum PPD values. You can pay a fractured finger at the normal PPD rate and a second, amputated finger at the minimum amputation rate. While there are two digits affected, you do not have to add anything in thereafter for loss of the hand.
If you are paying for loss of use of the hand in such a setting, you do not have to use the minimum amputation rate—that rate only applies to the amputated digit.
If you have questions or need Illinois values on hand injuries, please send a reply.
