Thousands of American workers suffer amputation injuries and loss of limb yearly.
These work-related amputations cause significant disability. Indeed, a June 2020 report from the U.S. Bureau of Labor Statistics (BLS) found workplace amputations resulted in a median of 31 days away from work to recover, compared to nine days away from work for all types of injuries. And, in our experience, amputation can lead to much more lost time. Indeed, many amputees have to change careers due to the loss of a limb.
Can you afford to miss more than a month of work?
Time missed from work and the resulting wage loss tell only part of the story regarding work-related amputation. In addition to lost wages, a lost limb takes tens of thousands of dollars in medical treatment and rehabilitation, causes permanent impairment, and may affect your mental health.
This article analyzes the factors determining your workers compensation settlement for limb loss after an amputation.
Read on for more information about work-related amputation claims and settlements.
If you have questions about workers compensation or want to talk to a top-rated amputation injury lawyer, call me at (804) 251-1620 or (757) 810-5614.
Amputation is the loss of a limb (arm or leg) or digit (finger or toe) from trauma or a surgical procedure to remove all or part of the injured body part.
An amputation may be total – resulting in loss of the entire limb or digit – or partial.
Unless the traumatic incident severs the limb, your doctor will perform the amputation at the level that gives you the best chance of healing and retaining some use of the injured body part. The goal is to preserve as much of the limb as possible while preventing infection that may cause further loss or death.
The amputation level you have depends on where the work-related accident, machinery, motor vehicle crash, or surgeon amputates the limb.
Typical amputation levels include:
A 2024 study commissioned by the Amputee Coalition reports more than 2 million people are living with limb loss in the United States, with approximately 185,000 amputations occurring each year. The hospital costs associated with amputation totaled billions of dollars.
Of these amputations, trauma (such as a work-related incident or truck crash) caused nearly half. Vascular disease, including diabetes mellitus and peripheral arterial disease, is the leading cause of limb loss.
Employers must report any work-related amputation or inpatient admission to the Occupational Safety and Health Administration (OSHA) within 24 hours of the incident.
Since January 2015, OSHA has received reports of 18,559 work-related amputations—many amputations – 5,049 – required inpatient hospitalization. Fingers, toes, and hands were the body parts most commonly lost in these industrial accidents.
The industries with the most amputation reports include:
Government agencies like the BLS, the National Institute for Occupational Safety and Health (NIOSH), and OHSA provide some data on workplace amputations and their causes.
For example:
In 2020, BLS reported that 58 percent of work-related amputations in 2018 involved machinery. Parts and materials contributed to 15 percent of industrial amputations. Powered and unpowered hand tools contributed to another seven percent of work injury claims for limb loss.
In 2012, OSHA published a fact sheet stating amputations occur most frequently “when workers operate unguarded or inadequately safeguarded mechanical power presses, power press brakes, powered and non-powered conveyors, printing presses, roll-forming and rollbending machines, food slicers, meat grinders, meat-cutting band saws, drill presses, and milling machines.” Other workplace tasks that cause amputations and loss of limbs include cleaning, maintaining, or operating shears, grinders, slitters, forklifts, trash compactors, and other tools.
In a 2003 report, BLS found that during the period 1992-1992, more than half of nonfatal workplace amputations occurred in manufacturing, resulting in a rate more than double the national average. Operators, fabricators, and laborers accounted for more of these amputations than all other occupations combined. The construction industry also had a higher-than-average incidence rate for nonfatal amputations.
In 1987, NIOSH issued a bulletin that said about 10% of all reported amputations occur among power press operators.
A 1977 BLS survey found 21,000 industrial accidents resulted in amputations that year.
Multiple medical providers with different specialties may provide care after a catastrophic injury resulting in the loss of a limb.
For example, you may see these medical professionals because of an amputation:
Post-trauma or post-surgical amputation rehabilitation is a crucial step in regaining as much limb function as possible and avoiding medical complications.
The type of rehabilitation depends on the body part amputated; however, typical rehab for the loss of a limb includes some or all of the following:
In addition, you may receive mental health counseling to help with depression, PTSD, or your loss of mobility and independence due to amputation.
You may have several complications after a work-related amputation, such as the following:
In my experience, workers compensation settlements for amputations range from $55,000 to $500,000 or more when you can prove compensability. The lower settlement range applies to losing a finger or toe with minimal effect on your ability to work. In contrast, the higher end applies to the loss of extremities requiring prosthetics.
Personal injury settlements for loss of limb due to car crashes or defective machinery (forklifts, cranes, electric shock, etc.) can lead to much higher amputation settlements – $1,000,000 or more – because you can recover money for pain, suffering, and diminished quality of life under tort law.
Amputation is one of the most severe injuries you can suffer, right there with spinal cord injuries resulting in paralysis and traumatic brain injury (TBI). Losing a limb will significantly affect your life and the lives of loved ones.
The starting point for evaluating amputation claims is the likelihood that you can prove compensability in your work-related amputation case or liability in a civil action for loss of limb based on negligence.
After that, I recommend analyzing these factors to determine a reasonable settlement for amputation.
As a new amputee, we understand that you may have concerns or needs outside your lawsuit or workers compensation claim.
Therefore, we recommend seeing if these organizations can answer your questions and provide support while we prosecute your amputation case and negotiate a loss of limb settlement:
Our amputation injury lawyers help you recover workers compensation benefits, Social Security disability, and personal injury damages when you lose a limb in an industrial accident or have a tort claim against a third party.
Contact us today to see how we can help.