Benefits For Amputation
Of all workplace injuries that don’t result in death, amputation is among the most terrifying. Whether it is the loss of a finger or toe all the way up to an entire limb, amputation can cause a dramatic change in both your work and lifestyle. Many who endure these injuries often experience the extra fear that they will lose their job because either they cannot perform it or their amputation might affect their work performance.
However, because this is such a serious injury, workers can expect a sizable settlement and benefits providing they have a workers’ compensation lawyer to represent them. Backed by decades of experience and a track record of success, Meshbesher Law Firm can help you secure the benefits you deserve after suffering a work-related amputation.
Permanent Partial Disability
After an amputation, workers’ compensation will cover medical bills and lost wages, but the biggest benefit that will be available to those with loss of a limb is permanent partial disability. After treating the injury, a doctor will examine you and give a partial disability rating. This rating considers the worker’s age, general health, work skills, education and even the appearance of the injury.
The rating itself will help decide how much compensation the worker will get from disability benefits. It can also affect the settlement of the workers’ compensation case itself. However, if the worker disagrees with the disability rating, a workers’ compensation lawyer can help them contest it.
What Qualifies As “Amputation”?
While you may have lost a part of your body in a work accident, not all injuries qualify as amputation or for the same benefits. Only if a doctor can attest that you lost 50 percent or more of a limb, such as a finger, will they be able to get permanent partial disability without proving that the injury will affect their work and life.
So, for example, if you shave the tip of your finger off in a meat slicer, that would likely not entitle you to disability benefits because it was well under 50 percent of that limb. While you might not be eligible for disability benefits, workers’ compensation will still cover the medical bills and lost wages of that slight amputation.
However, that same calculation does not apply if you lost, for example, a hand. That would be less than 50 percent of an arm, but you would still have lost an entire hand, entitling you to permanent partial disability benefits.
Can You Lose Your Job Over Amputation?
If you lose a finger and even an arm, you don’t need to worry about getting fired from your job over it. However, if it does affect your work performance, your employer may give you a less strenuous job.
Unfortunately, employers are not required to create another position for you if one is not available. So, if your amputation prevents you from returning to your job and your company has no open positions, you may find yourself without work. However, even if it is in another department where additional training is required, workers’ compensation will cover any new vocational training needed.
In short, a company can’t fire you for suffering an on-the-job injury, but they can let you go if you can no longer do your job and there is not another position available.
Fight Back After An Amputation Injury
If you were involved in a work accident that resulted in the amputation of a limb, it is more important than ever to make sure you have good representation. Amputations are worth a substantial sum because the medical bills can be so costly.