Amputations from Workplace Accidents

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There are more than 6,000 cases of amputation from workplace accidents in the United States each year. These injuries result in a median of 31 days of missed work —much higher than the median of nine days of missed work for all injuries.

Amputation injuries change the lives of victims and their families, making the workers’ compensation benefits you may receive especially important.

Lawyer Bobby Jones explains amputations from workplace accidents.

Common Causes of Workplace Amputations

Machinery malfunction

When a machine malfunctions, the person using it and bystanders may be in danger. They may not be ready for how the machine acts when it malfunctions.

Improper use of machinery

Inadequate training or intentional improper use of machinery can result in a workplace accident.

Management may provide the wrong machinery for the task, or they may instruct someone to use machinery improperly. Someone who is not authorized to use a machine may attempt to use it.

Machine entanglement

Loose articles of clothing, jewelry, an ID badge, personal protective equipment, or other objects may become entangled in working machinery and result in amputation.

Tools

Improper use of tools can also result in amputation. A person may make a careless error, or they may not have the necessary skills to use a tool effectively. Poor maintenance, not having enough room or improper use of a tool may all be causes of an accident resulting in amputation.

Lockout/tagout procedures

When a machine or equipment malfunctions, there is a procedure for lockout/tagout. The purpose of this procedure is to ensure others know the equipment is not fit for service and should not be used.

Lack of safety culture

A poor safety culture can result in cutting corners or operating carelessly. When workers aren’t reminded to put safety first or rewarded for doing so, the result may be a harmful accident.

Electrical incidents

Electrical shock can result in the loss of a limb. Electrocution can destroy the tissue, making amputation necessary. Most often, upper body limbs are affected.

Crushing injury

Crushing injuries may result in losing a limb. Compartment syndrome following an initial injury may be a contributing factor.

Infection

If a workplace accident results in secondary infection, the need for amputation may arise.

Inadequate personal protective equipment (PPE)

Personal protective equipment can help avoid a workplace accident. PPE can allow a worker to properly grip tools, machinery, and other objects they are working with. Gloves can protect the hand, while a safety vest can improve visibility. Ultimately, PPE can prevent an amputation accident.

Motor vehicle accidents

Whether a person drives on a public road or private property, a motor vehicle accident resulting in amputation may be considered a workplace accident. Such accidents can result in amputation.

Compensation for Medical Expenses

If you suffer an amputation at work, your medical care may be provided at no cost. The employer must provide medical care, including surgery, hospitalization, and supplies to cure or give relief. S.C Code § 42-15-60 requires up to 10 weeks for treatment, with additional periods to lessen disability as evidenced by a reasonable degree of medical certainty.

Prosthetics for workplace amputation

Amputees often need prosthetics. S.C. Code § 42-15-60(C) requires the employer to provide prosthetic devices for the life of the injured employee. The law covers any case where a permanent disability results and amputation is a permanent disability. There is no maximum compensation for prosthetics, and they must be furnished for life.

Physical therapy/rehabilitation

In South Carolina, a person may receive medical care and supplies as needed to lessen the period of disability. The period of disability is defined as the time the employee is incapable of earning their pre-injury wages. That’s not the same as maximum medical improvement.

A person may benefit from services to improve their wage-earning capabilities even if disability will not change. For amputees, this distinction may be a point of contention. Bobby Jones is an experienced attorney who can help you fight for your benefits.

See Dodge v. Bruccoli, Clark, Layman, Inc., 334 S.C. 574, 514 S.E.2d 593 (S.C. Ct. App. 1999) (explaining the distinction between maximum medical improvement and disability for the period of medical services).

Lost wages

Compensation for amputations from workplace accidents may include lost wages. In South Carolina, you may receive 2/3 of your weekly salary up to a maximum. You may receive wage loss compensation if you work but earn less than you earned before. There is a 500-week limit in South Carolina, with some exceptions.

Factors That Determine the Value of Your Claim

Factors that determine the value of your claim may include:

  • The limb lost, whether a finger, toe, arm, foot, or other body part
  • The need for prosthetics
  • What medical services may benefit you, and for what duration
  • Your income before the injury
  • Whether a third party has legal liability through negligence
  • Laws that apply to the case (workers’ compensation laws vary by state)
  • Steps you take in pursuing your claim

Third-Party Liability Claims for Workplace Amputations

A workplace amputation may be eligible for a third-party claim. Someone other than the employer may be at fault for the accident. For example, someone from another company may have operated the machine or tool that caused harm. There may be premises liability or a design defect that a third party is liable for. Negligence is required for a third-party claim.

If available, a third-party claim can result in pain and suffering compensation.

How a Workers Compensation Lawyer Can Help

A workers’ compensation lawyer can assist with:

  • Preserving your rights
  • Challenging the medical benefits that you deserve
  • Requesting a hearing
  • Evaluating lost wages compensation
  • Valuing disability pay
  • Answering your questions
  • Negotiating your claim
  • Advocating for you

At Bobby Jones Law, we know the challenges that employees face when they suffer an amputation at work, and we can help.

Contact a Lawyer

Bobby Jones Law helps people get their workers’ compensation benefits in cases involving amputations from workplace accidents. Contact us now to talk about your case.

The team at Bobby Jones Law LLC works tirelessly for the injured in South Carolina. His achievements include:
  • More than $60 million collected for our clients
  • Multiple recoveries exceeding $1 million, including an eight-figure settlement
  • Recognized by Best Lawyers in America
  • Named among the “Best Law Firms” by U.S. News & World Report
  • Named to the Top 100 Trial Lawyers by The National Trial Lawyers
  • Named to Super Lawyers 2017–2024
  • Member of the Million Dollar Advocates Forum
  • Selected as Legal Elite of the Upstate 2021–2023
  • Named among Super Lawyers "Rising Stars"
We’re humbled to be considered one of the top firms in the Upstate and invite you to learn what sets our award-winning legal services apart. Call or request a consultation online.
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