Amputation Injury

The loss of a limb is a debilitating injury that can make it challenging to find employment or enjoy your favorite activities. You might also have trouble getting around or need assistance with household tasks. However, depending on the circumstances of your work-related amputation injury, you could be entitled to compensation for these and other losses.

The Perecman Firm, stands ready to help you pursue this compensation through assertive legal representation. Our New York amputation injury attorneys have spent 40 years fighting for injured workers' rights and helping them seek the money they need to care for themselves and their families. During that time, we have recovered over half a billion dollars for our clients.

Let us review your case, tell you your options for obtaining compensation, and take care of all the necessary legal work. Contact us today for a free consultation with a work-related amputation injury lawyer.

Do I Work in a Field Common for Amputations?

The Bureau of Labor Statistics (BLS) records the number of workplace amputation injuries each year and amputation injury rates across different industries. For one recent year, BLS researchers reported 4,760 amputation injuries, a rate of 0.5 amputations for every 10,000 full-time workers nationwide.

Based on BLS data, the industries where amputation injuries are most common are:

• Manufacturing – 2,330 amputation injuries in one year, or 1.9 amputations for every 10,000 full-time workers
• Construction – 490 amputation injuries in one year, or 0.7 amputations for every 10,000 full-time workers
• Educational and health services – 400 amputations in one year, or 0.2 amputations for every 10,000 full-time workers
• Transportation and warehousing – 320 amputation injuries in one year, or 0.6 amputations for every 10,000 full-time workers
• Mining – 170 amputation injuries in one year, or one amputation for every 10,000 full-time workers
• Agriculture, forestry, fishing, and hunting – 100 amputation injuries in one year, or one amputation for every 10,000 full-time workers

How and Why Do Amputations Occur in the Workplace?

Workplace amputation injuries are most common in industries where employees frequently work with heavy machinery, must move large objects, or spend a lot of time around vehicles.

Some common workplace accidents that can cause an amputation injury include:

• Work-related car accidents
• Accidents involving farm vehicles
• Workers getting limbs caught in heavy machinery
• Workers getting caught between or pinned by heavy objects
• Power tool accidents
• Falling objects
• Explosions and fires

The Occupational Safety and Health Administration (OSHA) reports most amputations from on-the-job accidents occur when workers operate machinery that lacks proper safeguards. BLS research supports this claim, as about 58 percent of workplace amputation injuries in one recent year involved heavy machinery.

Some types of equipment that often cause workplace amputations include:

What Types of Claims Could I File After a Workplace Amputation Injury?

Depending on how your amputation injury occurred and who caused it, you could file multiple types of insurance claims, including:

• Workers' compensation claim – According to the state Workers' Compensation Board, most employers in New York must provide workers' compensation insurance for their employees. This rule even applies to certain contractors, which is good news for many injured construction workers. Regardless of what other compensation you may receive, if you were injured on the job, you should receive workers' comp benefits for an amputation injury.
• Personal injury claim – Generally, you cannot file a personal injury claim against your employer after an amputation injury. However, you may have grounds for a personal injury claim against a third party who caused the accident. While a personal injury claim requires you to prove the defendant caused your injuries, it also allows you to seek compensation beyond what a workers' comp claim offers.
• Product liability claim – Many workplace amputation injuries occur due to malfunctioning or defective tools and equipment. If you suffered an amputation injury due to a defective power tool or piece of equipment, you might have a claim against the manufacturer.

Who Can I Hold Liable for My Limb Loss Injury?

Some of the parties who could be liable for an amputation injury include:

• Your employer's workers' compensation insurer – If you're an employee, workers' compensation is likely the first place you should turn for compensation for your loss of limb at work. However, it may not be your only option.
• Your employer – In many cases, you cannot sue your employer for a workplace amputation injury, but there are circumstances where you could. For example, New York Labor Law requires construction companies to install safeguards to prevent accidents. If you lost a limb in a construction accident and your employer did not meet the required safety standards, you may be able to sue them.
• The property owner at the site – Some workplace amputation injuries result from hazards at a work site. If a property owner's negligence caused your injury, you might have grounds for a personal injury lawsuit against them.
• Product manufacturers – If you suffered an amputation injury because of a defective tool or piece of equipment, you might be eligible to file a product liability claim against the manufacturer.
• Other third parties – When someone other than an employer, property owner, or product manufacturer causes an amputation injury, the injured worker likely has grounds for a personal injury claim against that party. For example, you may have lost a limb due to a car accident while you were on the job. In that case, the at-fault motorist could be held liable for your losses.

Damages Available for Amputation Injuries

The compensation you could pursue after a workplace amputation injury depends on who caused the accident and what kind of claim you file against the responsible parties.

Workers' compensation benefits in New York include:

• Compensation for all reasonable and medically necessary treatments for your injury
• Partial wage-replacement benefits, up to a limit set by state law
• Permanent disability benefits

A personal injury claim requires you to prove another party caused your injuries, but it can also provide you with a greater range of compensation than can a workers' comp claim.

Your loss of limb settlement from a personal injury claim may include money for:

Contact Our NYC Amputation Injury Lawyers

Our firm understands how devastating the loss of a limb is and wants to help you seek fair compensation so you can live as comfortably as possible. Contact The Perecman Firm, today for a free consultation with an NYC amputation injury lawyer.