There are a variety of hazards that workers face on the job every day, but certain occupations are more hazardous than others. Workplace injuries are more common in industries where employees are required to regularly operate heavy machinery or other potentially hazardous equipment. Some of these injuries are so gruesome they result in amputation.

Among the many fields represented by our team of skilled personal injury attorneys are those in which employees have had amputation injuries as a result of accidents on the job, including the following industries:

• Manufacturing
• Construction
• Utility
• Oil and Gas

Loss of a limb is among the most devastating injuries that a person can experience. A victim's quality of life might be drastically diminished, and it can also carry a heavy emotional toll on the worker, as well as their loved ones.

In most cases, victims are entitled to compensation for the pain they've suffered. The NJ workers comp lawyers at Brandon J. Broderick, Attorney at Law can help fight for the compensation you need and deserve.

Following an amputation injury, you have legal rights, which we will cover in the article below.

Amputation Injuries Explained

The total or partial amputation of a limb is known as a limb loss injury or an amputation injury. In this context, "limbs" refers to any and all appendages, whether they are very small, like toes, or larger parts, like legs.

Depending on the severity of the accident, a worker may lose one limb or multiple limbs.

Comparing Surgical and Traumatic Loss of Limbs

Surgical and traumatic amputations are the two most common causes of amputations.  

• Loss of a limb due to surgery: The surgical removal of a limb or other body party. Accident victims or those with preexisting medical conditions may need this procedure to help them control their symptoms.  
• Traumatic limb loss: This refers to the amputation of a limb as a result of an accident or trauma. Amputation occurs when a limb is cut off from the body.

In most cases, traumatic limb loss is what is suffered in many workplace injuries. However, there are situations where a doctor is forced to amputate if the injury to a limb is too severe.

Limb Loss Injury Classifications

Each tragic injury involving amputation is usually different from the next one, but amputation injuries can be grouped according to how severe they are, such as partial and complete amputation.

• Partial amputation: Muscles, tendons, and ligaments are some of the structural tissues that may stay attached in a partial amputation.
• Complete amputation: When a limb is severed off entirely, including connective tissue, this is a complete amputation.

Traumatic injuries resulting in amputation are more common than those resulting in partial amputation. The complexity of the structure(s) at play is the determining factor. Amputations of the lower limbs and those of the upper limbs are two broad categories that doctors may use, such above and below elbow amputations or hand and wrist for upper limb loss; and toe, foot and ankle or legs for lower limb loss.

A severe injury is one that results in a significant loss of limbs. A lawyer who specializes in cases involving amputations can explain how the categorization of injuries can impact your case.

What Compensation Is Available For Amputation at Work in New Jersey?

You have immediate access to workers compensation benefits in New Jersey if you've suffered a loss of a limb during a workplace accident. There are three types of workers comp benefits:

• Medical costs
• Temporary wage replacement
• Permanent partial or total disability benefits
• Supplement, known as a "amputation bonus" in specific cases

The New Jersey Department of Labor offers compensation according to the schedule of loss in accidents where a person loses a limb or other bodily part called a "scheduled award".

Scheduled benefits are determined by the extent to which you have lost bodily function and the affected body part. The actual amount of the prize (as well as when it is available) changes yearly. In 2020, a law was implemented that extends the amount of weeks that you can continue to get these benefits.

• Loss of thumb: 80 weeks
• Loss of index finger: 60 weeks
• Loss of hand: 300 weeks
• Loss of arm: 330 weeks
• Loss of leg: 315 weeks

Can I Sue For A Workplace Amputation Injury?

In most cases, workers can get immediate workers compensation payments if they are hurt at work in New Jersey, regardless of the type of injury, such as amputation, or who is at fault. However, due to New Jersey's no-fault law, you forfeit the right to sue your employer in workplace accidents. An injured worker in New Jersey cannot sue either their employer or a coworker for injuries sustained on the job. However, a third-party claim may still be an option for a worker who has lost a limb.

What is a Third Party Claim?

When an injured worker sues someone other than their employer or coworkers, the lawsuit is known as a third-party claim. Due to the large number of parties who are usually present or involved in some workplace sites, third party lawsuits may be an option in some accidents.

Third party liability exists in the event that an accident on the job site was caused or contributed to by another company or an employee of that company. The general contractor, subcontractors, land owners, and tool manufacturers are often sued in third party litigation. Workers' compensation payouts are supplemented by any funds recovered from a third party lawsuit.  

Contact Our NJ Workers Comp Attorneys About Your Amputation Injury Today

The amputation of a limb can have a permanent impact on a person's quality of life.  You are entitled to compensation if your accident occurred while you were working and the team of attorneys at Brandon J. Broderick, Attorney at Law can help.

If you need help understanding the process or need legal help obtaining compensation, contact us today. We will schedule a free consultation to discuss your case.