What You Should Know About Workplace Amputation Injuries
A workplace amputation injury happens when a worker or employee loses a body part due to an accident. Amputations can involve fingers, toes, hands, feet, legs, and arms in severity. Regardless of the type, the result is always life-changing. However, with modern prosthetics and available workers’ compensation benefits, our attorneys can help restore a sense of normalcy while protecting your family's financial stability.
How Do Workplace Amputations Happen?
Workplace amputations often occur in environments where heavy machinery and moving equipment are used. In manufacturing settings, for example, machinery such as presses, conveyors, and forklifts pose significant risks. Many amputations occur when workers attempt to clear jams or perform maintenance without properly shutting down equipment, a process known as the “lockout/tagout” procedure. This safety measure ensures that the equipment is properly shut down and cannot be restarted until the maintenance or repairs are completed. Inadequate safety guards or barriers can expose workers to moving parts, increasing the risk of amputation. Moreover, poor training and neglect of proper safety procedures worsen these hazards, leaving employees vulnerable to severe injuries. Human error also plays a major role. Workers distracted or fatigued might skip safety protocols, placing themselves in dangerous situations. Additionally, vehicles like forklifts or automated guided systems may cause amputations if operated by individuals without proper certification. Poor lighting or cluttered workspaces can also contribute to accidents by increasing the chances of slipping or falling into hazardous equipment.
What Kind of Insurance Claims Can I Make After a Workplace Amputation?
If you have suffered an amputation on the job, you are entitled to file a workers’ compensation claim. Under Georgia law, this is often referred to as the "exclusive remedy," meaning that even if your employer or a coworker was negligent or reckless, you generally cannot sue them for personal injury. Instead, you receive workers' compensation benefits.
This can be frustrating for many employees, as workers' compensation does not cover certain damages, such as pain and suffering. However, the upside is that workers' compensation has no “policy limits.” Medical care, including the lifetime cost of prosthetics, will be covered by insurance, unlike in personal injury claims, where the compensation may be capped, or the employer might declare bankruptcy.
Can I File a Personal Injury Claim After a Workplace Amputation?
Yes, in certain cases. Although workers' compensation is an exclusive remedy against your employer, you can file a personal injury claim against third parties responsible for your injury. This includes the manufacturer of faulty machinery, the installer, or third-party companies responsible for maintenance or safety mechanisms. A skilled attorney will investigate all potential legal avenues to ensure you file the right claims against the correct parties. Prosthetic Options After a Workplace Amputation
In many cases, severed limbs cannot be reattached, and workers must rely on prosthetics. Thankfully, workers' compensation insurance will cover prosthetics, which range in type and function:
- Passive Prosthetics: These are primarily aesthetic and are designed to look like the lost limb but generally have no functional movement.
Look at the prosthetic fingers below, from a real case handled by Morrison & Hughes:
- Body-Powered Prosthetics: These use cables and harnesses to mimic the movement of the lost limb. For example, a body-powered ring finger may bend and extend in tandem with the adjacent finger.
- Electrical Prosthetics: These are powered by motors and batteries, allowing for movement without manual input.
- Hybrid Prosthetics: These combine body-powered and electrical elements for increased functionality.
- Activity-Specific Prosthetics: Designed for specific tasks, such as holding a sports bat or performing a particular job function.
Are Prosthetics Expensive?
Yes, prosthetics can be very costly, especially advanced ones like hybrid or bioelectric models. While health insurance may not cover the best options, workers' compensation insurance does cover even the most expensive, sophisticated prosthetics.
Take a look at the billing for a recent case that we handled involving the loss of three fingers. Finger and toe amputations are somewhat unique, because a prosthetic is required for each missing digit.
Important notes regarding prosthetics under Georgia workers’ compensation:
- Since 2019, insurers must provide prosthetics for your entire life.
- You may be entitled to multiple types of prosthetics at the same time (e.g., a passive prosthetic for daily use and a functional one for work).
- Prosthetics wear out over time and may need replacing as often as every two years.
Seek Compensation to Pay for Your Prosthetic
If you've experienced an amputation at work, you shouldn't have to bear the financial burden of prosthetics on your own. You can file a workers' compensation claim or, in some cases, a personal injury lawsuit to seek damages for your injuries and the costs associated with prosthetics. At Morrison & Hughes Law, we've recovered over $300 million for our clients and achieved a 95% success rate. Let us help you pursue the compensation you deserve. Call (404) 689-2734 for a free, confidential case review.