Workers' Compensation and the Loss of a Limb in California

 Posted on July 26, 2022 in Workers' Compensation

Losing a limb is among the most dreaded types of permanently disabling injuries that one can suffer in the workplace. When you have lost an arm or a leg, or even a finger, it can take a long time for you to get back to a point where you can perform your normal activities of daily living. You will likely need extensive physical therapy, with or without a prosthesis, before you can do things like dressing yourself or cleaning your home. Having a limb severed also tends to come with a lot of pain - the pain alone associated with this injury can keep you from returning to work. While you may eventually be able to adjust to a new way of doing things, you may never be able to return to the type of work you were doing before the injury. Because this is such a major type of Workers’ Compensation claim, it is best to have an attorney handle your case. 

What You Should Know About Workers’ Compensation After Losing a Limb

While some people do very well with a prosthetic limb, others do not. At no point should you feel any obligation to be “inspiring.” Physical and mental recovery after the loss of a limb is an intensely personal affair. You deserve to receive compensation so that your injury does not come with a big financial hit. This is what Workers’ Compensation is for. 

Here are few considerations you should keep in mind as you explore your available options:

• Manner of loss - Whether your limb was instantly severed at your job site, had to be amputated due to irreparable damage, or became infected and had to be surgically removed to prevent life-threatening sepsis, it is still the result of a workplace injury. 
• Partial or total disability - Losing a limb is bound to be a life-altering injury. It is unlikely that you will be able to keep doing the work you were doing before. In some cases, you may be able to start working again at a different job. Or, you may not be able to go back to work at all. You may be eligible for partial or total disability payments depending on your personal ability to continue working in any capacity. 
• Compensation limits - Each state places a maximum compensation value depending on the limb lost. However, the level of disability you endure as a result and other factors, like your age, can play into this calculation. 
• Medical and care costs - You are likely to need continuing medical care for a very long time. This may include expenses associated with a prosthetic, physical therapy to help you with your normal daily activities, and psychotherapy to help you mentally adjust. You may also need a care provider to come to your home and assist you. 

While losing a limb can be a devastating injury, it should not be a great financial loss. There are most likely benefits available to you, and we can help you get them. 

Contact a Santa Clara County Workers’ Compensation Attorney

If you have lost a limb due to an on-the-job injury, Cramer + Martinez can help. Our dedicated Morgan Hill Workers’ Compensation lawyers will fight for you to recover all the funding you need to aid your recovery and more. Call 408-848-1113 for a free consultation. 

Source:

https://pubmed.ncbi.nlm.nih.gov/17729080/