Workers’ Compensation for Loss of a Limb
A severed limb accident or injury requiring surgical amputation is devastating. No amount of money can ever make up for it, but you are entitled to special compensation when an amputation injury is work-related.
You should consult an attorney before signing anything. First of all, you want to ensure your benefits are calculated correctly. Second, you have important decisions to make on how you file the claim and whether to take a settlement.
Martin Law practices exclusively in workers’ compensation and Social Security Disability law, serving the Philly Metro area and southeast Pennsylvania. Call 215.587.8400 for a free consultation.
Amputation or Permanent Loss of Use
Under Pennsylvania workers’ compensation, you are entitled to specific loss benefits for:
- Amputation of an arm, forearm, hand, thumb or fingers
- Amputation of a leg, lower leg, foot or toes
- Loss of an eye or hearing loss
- Disfigurement of the face, head or neck
If a limb is not actually missing but you have lost its use for all practical purposes, such as a crush injury to a hand, it is treated the same as an amputation.
How You Are Compensated
The employer’s insurance pays for all medical care, including surgeries and prosthetic limbs. The employer also pays a monetary benefit, and this is where legal counsel is critical.
- You are compensated for a certain number of weeks, depending on what part of your body was sacrificed in the accident. For example, amputation of an arm or leg is compensated by 410 weeks of disability benefits, while loss of a thumb is 100 weeks. Specific loss benefits are payable even if you do not miss any work.
Two Important Decisions
(1) If you will be out of work for a long time, it may be wiser to file for total disability instead of specific loss, because disability benefits can continue indefinitely.
(2) You can negotiate for weekly benefits or a lump sum settlement, with pros and cons to each.
Our knowledgeable lawyers will help you make the decisions that serve your best long-term interests, and we can step in if there is any problem with your claim or interruption of benefits.
Contact us today to arrange a free consultation at one of our offices in the five-county Philadelphia area and surrounding counties.