Workers’ Compensation for Amputation Injury

Causes of Amputation in the Workplace

There are a number of different ways in which an amputation accident can occur. When employers exercise due diligence and enact safety precautions, these accidents are often preventable. For example, it is important that employers enforce regular maintenance of heavy machinery, such as clearing jams, cleaning, and lubricating moving parts, and overall ensuring that the equipment is in optimal working condition. Heavy machines, vehicles, and equipment should also be regularly monitored and inspected to avoid potential malfunctions and accidental startups that may result in an injurious accident.

Every employer should also have appropriate safety precautions in place and ensure that workers are properly trained and have the knowledge and skill set to perform their job duties (such as operating heavy machinery) in order to prevent amputation accidents from occurring.

According to the Occupational Safety and Health Administration (OSHA), the most common causes of amputations in the workplace include unguarded or inadequately safeguarded machines, such as:

• Power presses
• Power press brakes
• Conveyors
• Printing presses
• Roll-forming and roll-bending machines
• Food slicers
• Meat grinders
• Band saws
• Drill presses
• Milling machines
• Shears, grinders, and slitters
• Forklifts
• Trash compactors
• Powered and non-powered hand tools

Common Workplace Amputation Injuries

If you sustain an amputation injury in the workplace you should file a workers’ compensation claim to receive medical benefits and compensation.The amount of compensation differs depending on the body part affected. Scheduled loss awards are available for leg, arm, foot, hand, finger, thumb, and toe amputations.

Amputations caused by a workplace accident may either occur immediately at the scene of the accident as a complete amputation or be the result of a medically-necessary surgical amputation after a partial amputation accident. In a partial amputation, the limb or other body part is still attached by some remaining soft tissue. In either case, reattachment may be possible, but medical professionals are not always able to reconnect the severed body part.

What Workers’ Compensation Benefits are Available for Workplace Amputations?

The types of workers’ compensation benefits an injured worker is able to receive depends on certain factors such as the extent of their injury and their ability to work in the future. For example, workers who lose an entire limb will receive more compensation than workers who have lost one or two toes due to the fact that they will likely require much more extensive medical care, physical therapy, and in many cases, a prosthetic device.

In Ohio, workplace amputation victims may file for a scheduled loss award. This award is specifically for individuals who sustain an amputation (as well as ankylosis, loss of use of a body part, or hearing or vision loss) as the result of a workplace injury. The amount of the award is determined by a statutory schedule that is set by the state of Ohio and takes into account the specific body part injured and the date of the injury.

In 2022, the maximum weekly rate of a scheduled loss award is $1,085.

The maximum number of weeks of compensation payable for each body part is shown in the chart below:

(The schedule also includes compensable weeks for vision and hearing loss. You can find the official 2022 Compensation Rate Chart here.)

In addition to a scheduled loss award, a workplace amputation victim may also be entitled to other benefits such as PPD, or permanent partial disability benefits. Your workers’ compensation lawyer can help you determine what benefits are available to you and work to ensure you receive the proper payments.

Why You Need a Certified Workers’ Comp Attorney

If you or a loved one experienced an amputation injury at work, you will likely have lost wages and significant medical bills. It’s important that you receive the compensation you are entitled to assist you while you recover. An experienced workers’ comp attorney like Mark L. Newman can help determine what benefits you are entitled to and ensure you receive those benefits promptly and that your payments are calculated correctly. He can also help you explore the possibility of a lump sum settlement and other legal options available to you.

Cincinnati Workers’ Compensation Attorney for Amputations Following Workplace Accidents

If you suffered a work-related amputation or other catastrophic injuries in the scope of your employment, you are entitled to workers’ compensation benefits in the state of Ohio to help cover lost wages, medical expenses, and in some cases, other types of compensation. Attorney at Law Mark L. Newman has 33 years of experience handling a wide range of workers’ compensation claims in Ohio and can help you explore all avenues of potential compensation to help you achieve the best solution possible.

If you’re in need of an experienced legal advocate in the field of Ohio workers’ comp law, contact Cincinnati workers’ compensation lawyer Mark L. Newman today. You can reach him at his office by calling 513-533-2009 today.