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Any lawyer will tell you that amputations represent one of the most catastrophic and severe types of workplace injuries that can occur. Due to the severity of the injury and the long-term repercussions on your ability to work and function normally, they transcend the usual workers’ compensation rules in Philadelphia and Allentown. Workplace amputations are designated as a special loss situation, which requires money that is paid out differently than other claims.
The special loss benefits do not replace ordinary compensation payments. You can still get money to cover medical bills, necessary rehabilitation, and other benefits. You also get a lump-sum settlement of a set amount for the particular body part that you lost. The Pennsylvania Workers Compensation Act outlines the details and amounts. Your workplace amputation attorney can help guide you through the process to get the maximum allowance possible.
Besides the removal of the arm, forearm, hand, fingers, leg, lower leg, foot, or toes, special loss benefits also apply to sensory loss. In other words, if a workplace accident leaves you blind or deaf, for example, you will also receive this lump-sum payment specific to the damage you suffered.
The benefits specifically for workplace amputation or sensory loss are designed to compensate for not only an estimated healing period but also other benefits for a set time. These designations exist based on average data agreed upon by the state and listed clearly in the rules and regulations. The amount you receive as a special loss benefit does not depend on your particular case. That money comes from other workers’ compensation claim information.
Although it is always a better idea to discuss your particular case with a qualified workplace amputation attorney in Allentown or Philadelphia, some examples may help you understand the special loss benefits more clearly. If an employee, unfortunately, lost their leg in an industrial accident, for example, they will receive benefits for 410 weeks plus 25 weeks for the loss.
A different worker who only loses a toe would receive benefits for 16 weeks plus 6 extra weeks for healing. Although these amounts are relatively set by the regulations of the state, the doctor who takes care of the patient does make determinations for the overall workers’ compensation benefits. These things, such as the health, age, and extraneous damage of the particular work amputation, are taken into account when figuring out the lump sum payout.
The general expectation of this special loss system is that the individual will be able to return to work after the healing process completes. Of course, in some cases, this is impossible. A worker who needs more time to heal or rehabilitate will be reevaluated to determine if any additional payments should be made. A worker who is permanently unable to return to the job may qualify for disability. Again, these are special situations that require a knowledgeable workplace amputation attorney’s guidance.
The possibility of third-party lawsuits
Beyond workers’ compensation and special loss benefits, a person in Philadelphia or Allentown who experienced a workplace amputation on the job may consider getting their lawyer to explore the possibility of third-party claims if the injury was caused by negligence or direct action of someone outside of the company. It is impossible to sue your employer for fault in these types of situations according to the PA workers comp rules. However, if an equipment manufacturer, for example, did not install appropriate safety features, they may be a target of additional claims.
These third-party claims fall under the umbrella of personal injury law. To go after a monetary settlement from outside parties, you need the help of a work amputation attorney who understands how to gather evidence and prove fault. Besides equipment manufacturers, other targets of third-party lawsuits may include property owners or managers, suppliers and vendors, drivers, or any independent contractors who are responsible for any aspect of safety.
Statute of limitations
As with any other workers’ compensation claims in Pennsylvania, special loss benefits are only available if you notify the employer of the injury within 120 days and if you file for compensation within three years. In general, these statutes of limitations are quite long and should be easy to follow, especially if you get benefit filing help from an experienced workplace amputation attorney.
If you are severely injured on the job in Pennsylvania or Allentown and suffer from an amputation or sensory loss of any kind, contact the Liberty Bell Workers Compensation firm and attorney Gregory Boles to make an appointment. With over 35 years of experience, he knows what it takes to get you the compensation you deserve with the least amount of stress possible.
File a loss of limb claim in Philadelphia or Allentown with professional guidance
Here at Liberty Bell, we offer you legal advice and assistance on workplace amputation cases. Our attorneys have experience in handling these types of cases in the Philly area. We can help you file a claim and get the special and regular workers’ compensation benefits you deserve.
In collaboration with our experienced workplaceamputation lawyers, you can take legal action and protect your rights. Our legal team will advise you on the best course of action and inform you of all the required regulations you need to follow. Schedule a consultation at your convenience.
