Losing a limb is arguably one of the most tragic types of injuries that a worker can experience. Indeed, our hands and arms, legs and feet, are essential for performing everyday tasks and navigating the world; without these body parts, life would undoubtedly present serious challenges, both physical and psychological. The same is true for our fingers and toes – they are a critical part of our mobility and ability to manipulate objects.
Unfortunately, severe injuries, including amputation injuries, happen in the workplace. These injuries are prevalent in industries that rely on large pieces of machinery to complete work. If you are a worker who has suffered an on-the-job amputation injury, our lawyers can help you to file a workers’ compensation claim for benefits.
All workers who are injured in the state of Virginia and are covered under workers’ compensation insurance are entitled to medical benefits. These benefits pay for all authorized and necessary medical care that a worker needs, including surgeries and rehabilitation.
When a worker suffers an injury that is significant enough to prevent them from returning to their same job, they may be entitled to disability benefits. There are both temporary and permanent disability benefits available in the state.
As found in the Code of Virginia 65.2-503, the duration of compensation that an amputation victim will be able to recover is based on which part of their body was affected. In all cases, compensation will be paid at a rate of 66 ⅔ percent of the injured worker’s previous wage rate.
A person who loses the use of their thumb is entitled to compensation for 60 weeks; the loss of use of a hand allows a party to 150 weeks of compensation, and the loss of use of a leg entitles a person to 175 weeks’ worth of compensation. The chart details other compensation duration periods for other amputations and loss of use injuries.
Depending upon the type of amputation injury that the worker suffers, eventually returning to work, perhaps with a prosthetic, is very likely. In addition to the prosthetic (or other medical devices, surgery, or treatment), workers’ compensation insurance should also pay for your rehabilitative costs and any costs that are associated with new workplace training to ensure you are able to work.
While serious injuries are treated seriously by the workers’ compensation system, you should not assume that because you have experienced an amputation injury, you will get all of the benefits that you deserve. An insurance company may fight back on paying for certain medical costs, or you may be released back to work earlier than you are ready. In the most frustrating of cases, an employer may even deny that your injury occurred on the job, challenging your right to recover compensation.
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Virginia workman’s comp lawyer Jan Hoen is prepared to fight to protect your legal rights. Contact Hampton Injury Law PLC as soon as possible after a work injury and allow attorney Jan Hoen to use his resources and experience to fight for you.
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