Although any work-related injury can cause disruptions, some injuries may irreparably alter an employee’s life. For example, if an employee sustains an injury at work that causes the employee to suffer the loss of a limb, the employee will suffer immense pain and will need to undergo invasive medical treatment. They may never regain full functional capacity again. Fortunately, New Jersey’s workers’ compensation law allows employees who suffer an amputation due to a work-related injury to recover benefits. If your limb or appendage was amputated during or after an injury at work, the New Jersey amputation injury lawyers at The Law Offices of Jonathan F. Marshall can guide you through the process of filing a workers’ compensation claim, and we will diligently pursue all the benefits that you may be owed.Examples of Accidents that Lead to Amputations
Employees who work with heavy machinery are more likely to suffer an amputation than other workers. For example, people who work with presses, with food processing machinery, or on conveyor lines often need to repeatedly place their hands or arms near moving pieces of equipment, and if the equipment is not properly guarded, the employee’s hand or arm may be severed. People who work in the construction industry are prone to amputation injuries as well, since power tools, heavy machinery, and demolition accidents all pose a risk of harm that could lead to the loss of a limb or appendage. Additionally, crush injuries on construction sites frequently cause devastating injuries that require surgical amputations.Benefits Awarded Following Amputations
Any employee who suffers a severed limb or appendage at work, or requires a surgical amputation due to a work-related injury, should pursue workers’ compensation benefits with the assistance of an amputation injury attorney in New Jersey. Benefits recoverable include both medical benefits and income benefits. Medical benefits include any medical treatment that is necessary for the employee to treat his or her injury and return to work, including surgery, hospitalization, and prescriptions, as long as the treatment is reasonable. Notably, if an artificial limb will completely or partially alleviate the effects of an amputation, the Division of Workers’ Compensation may require the employer to provide the employee with an artificial limb, after considering competent medical advice.
While employees who suffer the loss of a limb are entitled to income benefits, the amount of the benefits and the duration for which they are paid depend on numerous factors. Specifically, this depends on the body part that the employee lost, the employee’s pre-loss wages, and the percentage that the employee is deemed disabled due to the loss, which cannot exceed a set maximum. The formula for determining the maximum amount of time for which a person will receive income benefits for a lost body part is set forth in a schedule of disabilities in the New Jersey workers’ compensation law. Our New Jersey amputation injury attorneys can explain how this schedule may apply to your situation. For example, a person who suffers the loss of a leg will be paid income benefits for 315 weeks, while a person who loses his or her third finger will be paid benefits for 30 weeks. In some instances, an employee may also be eligible for an additional 30% of the total income benefits award that he or she receives for his or her amputation.Consult an Experienced Workplace Accident Attorney
Suffering the loss of any body part due to a work-related accident typically alters every facet of a person’s life, and employees who sustain work-related amputations should speak to an attorney regarding the benefits that they may be owed. If you lost a limb due to an accident in your workplace, the experienced work injury attorneys at The Law Offices of Jonathan F. Marshall will aggressively pursue any benefits that you may be owed to help you recover and to replace your loss of earnings. Our amputation injury lawyers assist employees throughout New Jersey, including in Atlantic, Bergen, Burlington, Camden, Essex, Hudson, Mercer, Middlesex, Monmouth, Ocean, Passaic, Somerset, and Union Counties. We can be contacted at (800) 999-0897 or via the form online to schedule a case evaluation.