Not everyone enjoys sitting in an office from 9-5. Some like to live their life with a little more risk and danger. However, there are times when there is no option but to work a job that does require a little risk and danger. Those who work in the logging business, construction workers, roof workers, fisheries workers, iron and steelworkers, truck drivers, trash, trash and recycling collectors, factory workers, and farmers are prime targets for dealing with an amputation accident.
An amputation accident is simply an accident that either causes a limb to be amputated or leads to an illness that then causes an amputation. An amputation is catastrophic. In many cases, amputation accidents are preventable. When an amputation occurs as the result of someone else’s negligence, amputees have the right to demand proper compensation through workers’ compensation benefits or a personal injury claim.
If you have suffered the loss of a limb, you may be feeling hopeless and unsure how to get your life back to normal. The Los Angeles amputation accident attorneys at JML Law have the experience and know-how to help you file a claim or start a lawsuit.
Types of Amputation Accidents
There are two kinds of amputations:
- Traumatic amputation—when an accident causes an amputation. For example, as a factory worker if you were to get your leg tangled in a machine then it will more than likely lead to amputation if the machine has not already completed the amputation. Traumatic amputation is traumatic on multiple levels. Not only is your body physically going through a traumatic experience, but there is mental trauma in losing a limb as well.
- Surgical amputation—when a limb was salvaged but got infected or is damaged to the point where the surgeon believes that amputation is the best option. Surgical is still traumatic emotionally, but it is in a more controlled environment.
At times you do have a choice, but if your limb is infected then the choice may be made for you: lose your life or lose a limb? Amputation does not only have to be a vital limb like an arm of a leg. You can also lose a finger, toe, hand, or foot. These are less inhibiting amputations, but still traumatic. Regardless of what you lose, you are still losing a body part due to a work injury and you will need time to heal physically and emotionally. This means you will need time off of work which can lead to loss of wages and accruing debt.
Causes of Amputation
According to OSHA, amputations are most common in factory settings or construction sites. Amputations are most common when workers operate unguarded or inadequately safeguarded machinery, as well as machinery that is improperly kept and maintained.
The types of workplace accidents that result in amputations include:
- Caught in-between accidents—when a worker is pinned between two objects, machines, vehicles, etc.
- Car or truck accidents
- Inadequate training or supervision
- Inadequate personal protective equipment
- Falling debris
- Dangerous machinery
Amputations can occur across many industries (not just construction and manufacturing). Any working operating in or around heavy machinery that is rotating, cutting, shearing, traversing, punching, or bending material is at risk for amputation accidents.
Financial Recovery for Amputation Accidents
If you have suffered an amputation at someone else’s negligence or in any work-related manner, you could be entitled to compensation for your physical and financial loss. Though no amount of money could ever make up for such a substantial loss, just compensation can help pay for the treatment and lifestyle changes.
Workers’ compensation benefits will never include compensation for pain and suffering or punitive damages. To receive compensation for pain and suffering or punitive damages you will need to file a lawsuit against the responsible party. The types of compensation you can receive through workers’ compensation include:
- Medical expenses
- Work loss benefits
- Lost wages
- Ongoing treatment and therapy
- Prosthetic device (s)
Workers may also be entitled to a pension award for a permanent total disability. If a person experiences the loss of both legs, both arms, an arm, and a leg, or vision, they will most likely be eligible for a monthly pension. This will be paid regardless of whether the worker is able to return to work or not.
If a pension is an award, it is likely that the worker will lose medical coverage. This is not a guarantee, especially when the worker is receiving ongoing medical treatment. An injured person receiving pension benefits does not have to pay federal income tax (on the pension money). The amount a worker will receive varies based on the degree of injury/amputation.
Contacting a Los Angeles Amputation Accident Attorney Today
Losing a limb is a devasting injury and can cause many emotions. If you have suffered a workplace amputation accident, it is essential that you contact a Los Angeles amputation accident attorney. It is important to know all of your rights and what claims to file, an experienced attorney can help you through the complex process. You and your loved ones should not have to struggle financially during these traumatic times.
Our workers’ compensation attorneys at JML Law, a Professional Law Corporation have seen the story too many times. Attorneys who say that they will work aggressively for the client, but drop them weeks or months after the first sign of trouble with the claim. Workers’ Compensation claims are 40% paperwork and 60% patients. Our Workers’ Compensation Attorneys promise not to leave you. We have too strong a track record with our clients to make you feel less than the focal point of our practice. Call 818-610-8800 or click here to start a conversation with our professional staff today. We will be a strong advocate for your claim and ensure that you are getting the financial compensation you deserve.
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