Losing a limb is a life-altering injury. Whether you suffered a traumatic amputation at work, or something like a crush injury led to a later surgical amputation, our lawyers can help you seek compensation for your injury.
Lawsuits are usually blocked against an employer, and you cannot sue for injuries you caused yourself. However, outside lawsuits against manufacturers of dangerous equipment or machinery can progress through the courts. Even if you cannot sue, Workers’ Comp provides additional damages to amputation victims.
Call (267) 651-7945 for your free case review with Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists.
Workers’ Comp Benefits for Amputation at Work
Workers’ Comp does not cover everything, but it pays for many of the most expensive damages in an amputation case.
Medical Benefits
The cost of medical care, mental health care, and prosthetics should be covered in full. This only covers the reasonable cost of care received and might not cover exceptional expenses like top-of-the-line prosthetics.
Wage-Loss Benefits
Wage-loss benefits pay 2/3 of your pre-injury wages during your “healing period.” This is a period of total disability set by law for amputation injuries.
If you have a mix of other injuries, your wage-loss benefits under “total disability” may last for as long as you are unable to work because of those injuries. “Partial disability” benefits can last for 500 weeks after that for any period you can still work but face reduced wages.
Specific Loss
On top of those wage-loss benefits, Workers’ Comp also pays “specific loss” benefits for any amputation injury. These get 2/3 of your pre-injury wage, subject to a cap at the statewide average and a floor at half that.
These benefits start after your total disability period is over and last for the full duration listed in the statute for each injury. Your ability to return to work does not shut off specific loss benefits.
Schedule of Injuries
Specific loss benefits last for a different number of weeks depending on the injuries. These are just a few examples:
- 335 weeks for a lost hand
- 410 weeks for a lost leg
- 40 weeks for a lost middle finger
- 275 weeks for a lost eye or lost vision in one eye
- 250 weeks for a lost foot.
Getting Pain and Suffering for an Amputation at Work
When you lose a limb, “pain and suffering” damages are some of the most important damages you need. Unfortunately, Workers’ Compensation does not cover them, but a successful lawsuit should.
Cannot Sue Employer
When you get hurt in a work-related accident, you typically cannot sue your employer. There are exceptions, such as if they injured you intentionally, but this is rare.
Can Sue Third Parties
Instead, you can file against any outside third party. You cannot sue yourself, your coworkers, or your employer, but you can sue parties such as
- Customers and clients
- Drivers
- Outside contractors
- Employees of other companies (e.g., a store or supplier)
- Suppliers and vendors
- Equipment manufacturers
- Safety gear manufacturers.
Fault Required
Workers’ Comp is a no-fault system, but you have to prove fault to win a lawsuit. Fault is often based on “negligence,” rather than intentional action, which means the defendant
- Owed you a legal duty
- Breached that duty
- Caused your injuries through that breach
- Caused you damages.
Common Examples
One of the most unfortunately common examples involves amputation injuries from a defective piece of machinery or a defective power tool. In these cases, safety features may have malfunctioned, causing lost fingers or hands.
Manufacturers can be held responsible for their defective equipment and tools in these kinds of cases.
FAQs for Workplace Amputation Claims in Scranton
Do You Have to Go Through with a Surgical Amputation if Your Doctor Recommends It?
When you get treatment through Workers’ Compensation, your doctors decide what is recommended/required treatment. If you refuse treatment, it may end your coverage.
Being told you need a surgical amputation is scary, and you may not want to go through with it. You are often entitled to a second opinion with a doctor of your choice. After the first 90 days of care, you can even use a doctor you choose for all treatment. If they say an amputation is not needed, you may be able to refuse the amputation.
At the end of the day, if your chosen doctors also recommend a surgical amputation, you may need it to save your life, and you may lose benefits if you refuse it.
Does Workers’ Comp Cover Prosthetics After an Amputation?
Prosthetics should be covered as part of your medical care costs. However, this coverage may provide for only the bare minimum. For example, this might provide a hook for a lost hand rather than a more functional prosthetic hand.
If you settle your case, you may be able to put the money toward a prosthetic of your choice, covering the rest through your medical insurance or out of pocket.
Does Workers’ Comp Pay for Mental Health Counseling After an Amputation?
The effects of an amputation are often widespread, and you may need mental care as much as you do physical care. Any reasonable and necessary treatment should be covered, including physical therapy, mental health therapy, and occupational therapy alike.
If you need medication to treat depression, anxiety, or PTSD after an amputation injury, that should also be covered.
Does Workers’ Comp Pay Pain and Suffering for Amputation Injuries?
Pain and suffering is a form of “non-economic damages.” These cover the wide-ranging, intangible effects of an injury, such as pain, mental anguish, feelings of loss, and emotional distress.
Workers’ Comp does not pay for pain and suffering. Specific loss damages are similar, but different. To get Workers’ Comp, you need to file a lawsuit.
Call Our Lawyers for Help
To get started with a free case evaluation, call (267) 651-7945 right away and speak with our workplace amputation lawyers at Cardamone Law.
