Virginia Workers Compensation and Amputation Injuries
Losing a hand, foot, finger, toe, arm, leg, or eye can leave you with hardship, permanent disability, and costly medical bills. You’ll need months to recovery – and at the end of your treatment you may still be unable to make as much money as you did before the amputation injury.
Understanding your legal options after a workplace amputation injury causing the loss of a limb is important. Workers comp attorney Corey Pollard can help. Call, email, or text us today if you are an injured worker in Virginia who suffered an amputation injury on the job.
Your Options After an Amputation Injury at Work
Amputation injuries often happen on construction sites and at warehouses, factories, and other facilities where heavy equipment, machinery, and tools are necessary to do the job. These types of workplace injuries, however, can happen to any type of employee in any work environment.
After an amputation many people are either unable to return to their pre-injury work or forced to return to a job at a lower exertional level making less money.
If an accident work caused you to lose a body part, you may be entitled to workers compensation benefits. These benefits include:
- Temporary total disability payments
- Temporary partial disability payments
- Permanent partial disability payments
- Permanent total disability payments
- Medical treatment
- A lump sum workers compensation settlement
You may also be eligible for Social Security Disability benefits because of your amputation injury. This depends on your age, education, transferable job skills, and how your loss of limb affects your ability to work.
VA Workers Comp & Disability Benefits for Loss of Limb
The loss of a limb or body part often results in workers comp benefits for a “schedule loss of use” or permanent partial disability. Depending on whether you lost multiple limbs or body parts in the workplace accident, you may also be entitled to permanent total disability, which is a lifetime award of wage loss benefits.
Many disabled workers with amputation injuries are eligible for Social Security Disability Insurance benefits also, which is something we can help you obtain.
If your amputation injury was caused by another party’s negligence, you may want to pursue a personal injury lawsuit. Because amputation injuries are often caused by defective machinery and equipment, you may have a product liability case along with your workers comp and SSD claims.
Are You Receiving Fair Compensation for Your Amputation Injury?
Many workers comp claims based on amputation start off paying temporary total disability benefits. Once you have reached maximum medical improvement (MMI), you may be entitled to benefits based on your loss of a scheduled body part due to the work accident.
Virginia has its own schedule of workers comp benefits for loss of a limb. Our schedule is different from the federal schedule of body parts.
Virginia Schedules of Benefits for Amputation or Loss of Limbs
The Virginia schedule of benefits for amputation or loss of a limb is as follows:
- Loss of an arm is worth 200 weeks of compensation
- Loss of a leg is worth 175 weeks of compensation
- Loss of a hand is worth 150 weeks of compensation
- Loss of a foot is worth 125 weeks of compensation
- Loss of a finger is worth from 15 weeks to 60 weeks of compensation depending on the finger
- Loss of a toe is worth 10 weeks to 30 weeks of compensation depending on the toe
- Loss of vision is worth 100 weeks of compensation
- Loss of hearing is worth 50 weeks of compensation
Your compensation rate is based on your average weekly wage (AWW). The AWW is based on your earnings with the employer over the 52 weeks prior to your injury.
Who Decides the Percentage of Loss of Limb?
The main dispute in workers compensation cases involving amputation or loss of use is what percentage of loss you have experienced. Your loss of use is determined by an impairment rating given as a percentage. Your employer’s insurance company will often hire a doctor to give you an impairment rating, which is often much lower than that given by the doctor your experienced workers’ comp attorney will send you to. If the doctors disagree on your amount of impairment due to the amputation injury, then the Commission will decide the case at hearing.
Getting the appropriate amount of workers’ comp benefits for your loss of limb can be complicated. You should expect a long fight with the insurance company. Talk to an experienced workers comp amputation injury lawyer to make sure you get every penny you deserve under Virginia law.
Corey Pollard Helps Injured Workers in Virginia
Our goal is to help all injured workers in Virginia. If you’ve sustained an amputation injury at work then you are entitled to workers’ comp and SSD benefits.
Getting these benefits however may be difficult. Hiring an attorney can give you the best chance possible at recovering maximum compensation for your loss of limb.
Call, e-mail, or text us for a free consultation. We’re here to answer your questions and help you and your family recover.