Amputations are without a doubt debilitating and life changing injuries caused by a very serious accident. Anyone who has had a limb amputated in a workplace accident should be eligible to receive worker’s compensation to cover the loss of earnings and cost of medical treatment while unable to resume normal life. An amputation can exclude a worker from a job that involves using limbs to complete it satisfactorily. This means a worker’s comp. claim is likely to be a high value claim as it is considered to be a permanent partial disability which is unlikely to improve that much even over time. With an injury like an amputation, it is important to win a WC claim for the full amount as the chances of returning to work in a full time is markedly reduced by the injury. It is a wise move to contact a WC attorney before filing a WC claim. Causes of Amputations and Their Symptoms There are several causes of amputations, some of which are work related, while others are not. Amputations may be due to: an infection; severe burning or frostbite which could be work related if an unplanned fire broke out or a worker was accidentally locked in a freezer; the presence of a severe tumor or ulcer. an injury that cannot be corrected such as from a car or other vehicle accident or an accident at work when using dangerous machinery; diabetes, which can cause gangrene which is from loss of blood flow and peripheral arterial disease (PAD). If your amputation was caused in a workplace accident you should be able to claim WC for lost income, medical treatment, long-term care (if required) and retraining if that is possible. Calculating the Value of a WC Claim for an Amputation In order to file a WC claim for an amputation it is important to have reported the injury to your workplace supervisor within 24 hours of it happening. If this has been completed you have started the ball rolling. You will now need to show evidence to your employer’s WC insurer that the amputation took place on work premises. This can be in the form of a report from your physician, any eye witness who saw the accident and even security camera coverage of the accident. Your employer’s WC insurer will calculate your claim based on your chances of returning to work. If you are considered to be permanently partially disabled for the rest of your life a calculation based on loss of earnings will be made to cover that period at least in the short term. This starts at two thirds of your current weekly wage, which if that is $1,500 you will receive $1,000 per week. On top of that is the total cost of your medical treatment including at home-care if required. In Virginia, a calculation is made specifically for each type of amputation, such as losing an arm attracts 200 weeks of compensation while the loss of a leg attracts 125 weeks of compensation. Your WC amputation value will partly depend on your state. Why You Need a WC Attorney Claims for WC are not always straightforward, so hiring a WC attorney to file your claim relieves you of a heavy burden while you are still recovering from an amputation. Additional Resources Total vs. Partial Disability Qualifying for Workers' Compensation
