Workplace injuries can be devastating, especially when they result in permanent damage, such as amputation. The loss of a limb or other body part not only causes physical pain but also brings emotional and financial challenges. In Massachusetts, workers who suffer amputations due to workplace accidents are generally entitled to compensation through the state’s workers’ compensation system. However, understanding the process, the benefits available, and your rights can be a complex task.

This article will explain what you need to know about seeking compensation for amputation injuries sustained on the job in Massachusetts. We’ll discuss how workers’ compensation works, what specific benefits you may be entitled to, and what steps to take after such a traumatic injury.

The most important step you can take after such an accident is to consult a legal professional. The MA workers’ comp lawyers at Brandon J. Broderick, Attorney at Law can help provide you the support and guidance you need.

Understanding Amputation Injuries in the Workplace

Common Causes of Workplace Amputations

Workplace amputations often occur in high-risk industries such as construction, manufacturing, and agriculture, where workers may come into contact with heavy machinery, dangerous tools, or hazardous conditions. Common causes of amputation injuries include:

• Machinery accidents: Operating or working near heavy machinery, such as forklifts, conveyor belts, and cutting tools, can lead to severe injuries if the equipment malfunctions or lacks proper safety guards.
• Vehicle accidents: Workplace accidents involving trucks, forklifts, or other vehicles can result in serious injuries, including amputations.
• Falling objects: If heavy objects fall onto a worker’s hand or foot, it can cause enough damage to necessitate amputation.
• Construction site accidents: Exposure to sharp objects, such as power saws or demolition equipment, can easily lead to limb loss.

Regardless of how the injury occurred, an amputation is life-changing, and workers’ compensation aims to provide financial support during this difficult time.

Massachusetts Workers’ Compensation for Amputation Injuries

How Workers’ Compensation Works in MA

In Massachusetts, most employers are required by law to carry workers’ compensation insurance to cover injuries that happen in the workplace. If you’ve lost a limb or other body part due to a work-related accident, you are likely entitled to benefits under the Massachusetts workers’ compensation system. These benefits cover medical expenses, lost wages, and compensation for permanent injuries.

Workers’ compensation is a no-fault system, meaning you don’t need to prove that your employer was negligent to receive benefits. Even if the accident was partially your fault, you can still qualify for compensation.

Medical Benefits

When a worker suffers an amputation injury, the workers’ compensation system in Massachusetts covers the full cost of medical treatment necessary to address the injury. This includes:

• Emergency care: The immediate medical treatment you receive after the injury occurs.
• Surgical costs: Amputation surgery and any follow-up surgical procedures required.
• Rehabilitation and prosthetics: Workers are entitled to rehabilitation services, including physical therapy, and may receive coverage for prosthetics or assistive devices.
• Ongoing medical care: If you require long-term treatment, including pain management, prosthetic adjustments, or additional surgeries, workers’ comp should cover these costs.

Lost Wages and Disability Benefits

After an amputation, many workers are unable to return to work immediately. In some cases, they may not be able to return to their previous jobs at all. Massachusetts workers’ compensation provides wage replacement through disability benefits:

• Temporary total disability (TTD): If your injury leaves you unable to work temporarily, you can receive TTD benefits. These benefits typically amount to 60% of your average weekly wage.
• Temporary partial disability (TPD): If you can return to work in a limited capacity but at a reduced pay rate, you may be eligible for TPD benefits, which cover a portion of your lost wages.
• Permanent total disability (PTD): In cases where the amputation leaves you permanently unable to work, you may qualify for PTD benefits, which provide long-term compensation for your lost wages.

Workers in Massachusetts may also be eligible for specific loss benefits, which provide additional compensation for the permanent loss of a body part, such as an arm, leg, hand, or foot. These benefits are outlined in Massachusetts General Laws Chapter 152, Section 36, which specifies the amount of compensation based on the body part that was lost.

Vocational Rehabilitation

In addition to wage replacement, Massachusetts offers vocational rehabilitation services to workers who can no longer perform their previous jobs due to amputation. These services help injured workers develop new skills and find alternative employment, ensuring they can remain in the workforce despite their injury.

Proving Your Workers’ Compensation Claim

To qualify for workers’ compensation benefits, you need to provide sufficient evidence that your amputation injury was work-related to file a successful workers’ comp claim. This often includes:

• Accident reports: Make sure to file an accident report with your employer as soon as the injury occurs. This report is critical in establishing the connection between your injury and your job.
• Medical records: Your doctor’s notes and records will provide the evidence needed to demonstrate the extent of your injury and the necessary medical treatment.
• Witness statements: Co-workers or other individuals who witnessed the accident can provide testimony that supports your claim.

If your claim is denied, or if you encounter issues with your employer or the insurance company, it may be beneficial to consult with an experienced workers’ compensation attorney to help you navigate the appeals process.

Call Brandon J. Broderick For Legal Help

Navigating MA workers comp claims can be challenging. Fortunately, you don't need to do it alone. The experienced workers comp lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. Contact us now for a free legal review.