Experiencing a workplace injury resulting in amputation impacts every facet of your life. In Vermont, private industry employers reported 6,900 nonfatal workplace injuries and illnesses in 2020, with an incidence rate of 3.6 cases per 100 full-time equivalent workers. While not all of these cases involve amputations, the data underscores the prevalence of workplace injuries in the state. Nationally, machinery was involved in 58% of work-related amputations in 2018, highlighting the significant risks present in various industries.

Navigating the complexities of Vermont's workers' compensation system can place a high burden on individuals, especially while coping with the physical and emotional challenges of an amputation. The Vermont Department of Labor provides resources to assist injured workers in understanding their rights and the benefits available, including medical care, wage replacement, and vocational rehabilitation. Recent legislative changes, effective July 1, 2023, have increased weekly dependent benefits, offering additional support to injured workers and their families. Seeking knowledgeable legal guidance can help ensure you receive the full compensation and support necessary to rebuild your life after such a traumatic event.

What Types of Work Accidents Can Result in Amputation in Vermont?

In Vermont, several types of workplace accidents commonly lead to amputation injuries, particularly in industries such as construction, manufacturing, and warehousing. Understanding the risks can help workers and employers take preventative measures, but it also highlights the importance of knowing your rights to compensation if such an injury occurs.

1. Machinery Accidents, especially in manufacturing and construction industries. Incidents such as being caught in or struck by moving parts of machinery or improper use of heavy equipment like presses or forklifts can lead to traumatic amputations.
2. Construction Site Hazards including accidents involving power tools, falling objects, or scaffolding failures. Sharp tools or rotating blades can cause instantaneous amputations, while crush injuries from collapsing structures may necessitate surgical amputation.
3. Vehicle-Related Accidents involving forklifts, cranes, or delivery trucks. Collisions or rollovers can result in crushing injuries severe enough to require amputation.
4. Industrial Equipment Failures: In settings such as warehouses or factories, equipment failures—often due to lack of maintenance or malfunction—can lead to catastrophic accidents, including amputations.
5. Agricultural Accidents: Contact with heavy farm machinery, such as combines, balers, or augers. These machines often lack adequate safety guards, increasing the risk of severe injury.
6. Slips, Trips, and Falls: While they may seem less severe, certain falls can result in traumatic injuries requiring amputation. For instance, a worker falling onto sharp objects or suffering a severe crush injury in a fall from a significant height could experience this outcome.
7. Chemical or Thermal Burns: In industries dealing with hazardous chemicals or high temperatures, severe burns can cause extensive tissue damage, sometimes leading to the surgical removal of a limb.
8. Workplace Explosions or Collapses: Explosions in industrial plants or structural collapses can cause severe trauma, including amputations, particularly in high-risk occupations like construction or manufacturing.

What Compensation Is Available for Amputation Injuries in Vermont Workplaces?

Workplace amputation injuries are life-changing events that can leave victims facing significant physical, emotional, and financial challenges. In Vermont, workers who suffer such injuries are entitled to a range of compensation benefits through the state’s workers' compensation system. These benefits are designed to help cover medical expenses, replace lost income, and support long-term recovery and rehabilitation.

Medical Expenses: Hospital bills, surgery costs, prosthetics, physical therapy, prescription medications, and ongoing medical care. Workers may also be reimbursed for travel expenses related to medical appointments. It is important to keep detailed records of all medical treatments and costs to ensure accurate reimbursement.

Wage Replacement: If the injury prevents you from working, you may be eligible for Temporary Total Disability (TTD) benefits. These benefits provide wage replacement equal to two-thirds of your average weekly wage (up to a state-determined maximum) while you recover. For workers who can return to work but at reduced capacity, Temporary Partial Disability (TPD) benefits may compensate for the difference between pre-injury and post-injury earnings.

Permanent Disability Benefits: For those whose work capacity is permanently affected, Vermont’s workers' compensation system provides Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits based on the severity of the injury and the body part affected. For example, the loss of a hand or leg will have a predetermined value under the state’s disability schedule. If the injury causes total and permanent disability, you may qualify for lifetime benefits.

Vocational Rehabilitation: Workers unable to return to their previous job are eligible for job training, career counseling, and assistance finding employment that accommodates the injury.

Prosthetic Devices and Modifications: Coverage for prosthetic devices and their replacements, along with essential modifications to the worker’s home or vehicle.

Scarring and Disfigurement Benefits: Vermont workers may be entitled to additional compensation for visible scars or disfigurement resulting from an amputation, particularly if it affects the face, neck, or hands.

Third Party Claims: While workers' compensation is the primary source of benefits, some cases may involve third-party liability. For example, if defective machinery caused the amputation, you may be able to file a separate personal injury lawsuit against the manufacturer. This can provide additional compensation for pain and suffering, emotional distress, and other non-economic damages not covered by workers' compensation.

What Is the Process for Filing a Workers’ Compensation Claim for Amputation in Vermont?

Filing a workers' compensation claim after an amputation injury in Vermont involves a detailed process to ensure you receive the benefits you are entitled to under the law. Below is a step-by-step guide to help you navigate the claims process effectively.

1. Report the Injury Immediately

Vermont law requires employees to report workplace injuries promptly, ideally within 72 hours of the accident. Failing to report the injury in a timely manner can complicate your claim or result in denial. Provide detailed information about the accident, including the date, time, location, and how it occurred.

2. Seek Medical Treatment

Make sure to inform the treating physician that your injury is work-related so they can document it appropriately. In Vermont, the employer has the right to designate a healthcare provider for initial treatment, but employees may choose their provider after this first visit.

3. File a Workers' Compensation Claim

Your employer must file a First Report of Injury (Form 1) with their insurance carrier and the Vermont Department of Labor within 72 hours of receiving notice of your injury. As the injured worker, you may need to complete additional forms, such as a Claim for Compensation (Form 6), to initiate your claim formally.

4. Cooperate With the Investigation

Once the claim is filed, the workers' compensation insurer will investigate the circumstances of your injury. This may include reviewing medical records, speaking with witnesses, and examining safety conditions at the workplace.

5. Receive Benefits

If your claim is approved, you will begin receiving workers' compensation benefits. These benefits typically include coverage for medical expenses, temporary or permanent disability benefits, and vocational rehabilitation if applicable.

6. Appeal Denied Claims

If your claim is denied, you have the right to appeal the decision through the Vermont Department of Labor. This process may involve mediation or a formal hearing to present evidence supporting your case. Consulting an experienced workers’ compensation attorney can improve your chances of a successful appeal.

Do I Need a Lawyer to File a Compensation Claim for Amputation in Vermont?

Filing a workers' compensation claim for an amputation injury in Vermont can seem straightforward, but the reality is often more complex. While you are not legally required to have a lawyer to file a claim, having professional legal representation can significantly improve your chances of receiving the full benefits you deserve. Attorneys assist with navigating the claims process, dealing with disputed or denied claims, ensuring full and fair compensation, and considering third-party liability.

Turn to Brandon J. Broderick for Experienced Legal Support. Contact Us Today

At Brandon J. Broderick, Attorney at Law, we understand the pain, challenges, and uncertainty you may feel after experiencing an amputation due to a workplace injury. Our dedicated team is here to stand by your side, offering compassionate legal support to ensure you receive the full compensation and care you deserve. You shouldn’t have to face these times alone—we’re here to help you rebuild with dignity and strength.

Contact us today for a free consultation.