May 23, 2023 | Workers' compensation

Injuries in the workplace can range from minor injuries such as bruises and minor cuts to catastrophic or life changing injuries such as amputation. If you lost a limb due to a work related accident, you are entitled to compensation. Below we discuss what type of compensation you can pursue and why you should seek the help of an experienced attorney.

Seeking Compensation after Losing a Leg at Work

Losing a leg as a result of a workplace accident is life changing. Not only will you have to deal with the pain and emotional trauma of losing your leg but also the resulting economic burden. You will be faced with large medical bills as well as the prospect of not being able to return to work in the same capacity or at all.

If you were injured at work and this resulted in the loss of your leg, you may be eligible to recover compensation for your injuries and damages through:

• Workers’ compensation

Employers are required by law to provide workers’ compensation insurance coverage for their employees. This no-fault system ensures that employees have a financial cushion when faced by injuries as a result of work-related accidents.

Workers’ compensation will cover the cost of the medical bills for treating the injury. It will also cover lost wages for the period that you were unable to return to work due to your injuries. Workers’ compensation will also provide permanent partial disability benefits. The amount you receive as permanent partial disability benefits will depend on your partial disability rating. This is determined by considering your injuries, health, age, work skills and education.

• Third party claims

You may also be entitled to additional compensation through a third party claim. This is possible only if a third-party’s negligence resulted or contributed to your accident. While workers’ compensation is based on a no-fault system, third party claims are contingent on the proving of negligence on the part of the third party. Some third parties that may be held liable for a workplace accident include subcontractors, vendors, manufacturers of faulty equipment, property owners, suppliers and other road users.

Third party claims often result in higher compensation than workers’ compensation offers. This is because these claims also include compensation for non-economic damages such as pain and suffering. Considering the life-altering nature of an amputation, it is worth pursuing a third-party claim when there is opportunity to do so.

The Importance of Hiring an Attorney for an Amputation at Work

If you have suffered an amputation as a result of a workplace accident, it is important to secure the services of an experienced attorney. An experienced attorney can help with various aspects of your case including:

• Investigation

An attorney can help to determine the root cause of your accident. This is especially important when seeking compensation through a third-party claim. Your attorney will retain experts to investigate and analyze your case. They will gather and develop evidence to prove negligence and establish liability. They will work to strengthen your case and give you a better chance of recovering compensation for your injuries.

• Litigation

Filing a third-party personal injury lawsuit can be a complex process. These lawsuits can also be lengthy and time consuming. Success requires legal expertise and experience. Having an attorney fighting in your corner and handling all aspects of the case can help to improve your chances of success. It will also help to ease the burden on your shoulders. You can focus on your recovery while your attorney handles all aspects of your case.

• Negotiation

Third-party personal injury claims are often settled out of court. Many at-fault parties prefer to do so to avoid the expenses of trial. There is also a chance of being required to pay a higher amount in compensation if the case goes to trial.

Reaching a settlement involves negotiating with the at-fault party or their insurance company. This involves a lot of back and forth communication. Your attorney will fight to protect your interests. They will fight to secure just compensation for your injuries.

• Representation at trial

While many cases end with an out-of-court settlement, some cases proceed to trial. This happens when a fair settlement cannot be reached through negotiations. If this is the case for you, your attorney will represent you at trial. They will build a strong case on your behalf and present it to the court. They will argue your case in front of a judge and jury and fight to secure a favorable verdict.

If you lost your leg in an accident at work, it is crucial to secure the services of an experienced attorney. Contact our law firm to schedule free consultation with an attorney from our law firm and learn how we can help.

I lost my leg in a work accident