Claims for Accidents Resulting in Amputation
Suffering an amputation can be one of the most traumatic and life-changing experiences. It may also cause psychological and emotional distress as well as the physical injury. Fingers, toes, hands, feet, arms, and legs are the most common areas requiring amputation after a work related injury.
Traumatic & Surgical Amputation
There are two types of amputations – ‘traumatic’ and ‘surgical’ amputations. A traumatic amputation is where the body part is lost during an incident, such as losing a finger with a chainsaw or other heavy machinery. A surgical amputation is performed in the hospital after it is clear that the limb either cannot be saved or has a high risk of infection due to the manner in which the injury occurred. This can happen when an injury has occurred with farming machinery.
Common Amputation Claims
In general, the majority of compensation claims for amputations at work involve:
- Finger Amputation Claims
- Arm Amputation Claims
- Leg Amputation Claims
When you suffer an amputation, the combination of physical limitations and psychological trauma can be severe and potentially cause clinical depression or post-traumatic stress disorder (PTSD). Furthermore, there is a chance of developing ‘phantom limb pain’ where the amputee feels sensations, pain or itchiness in the missing limb. The treatment that follows an amputation may include further surgery, skin grafts and expensive medicines to combat the high risks of infection. Having an experienced solicitor will help make sure you receive enough compensation to cover all of your needs, particularly as much of the treatment may be provided outside the NHS.
The Provisions and Use of Work Equipment Regulations 1998, Personal Protective Equipment at Work Regulations 1992 and the Management of Health and Safety at Work Regulations 1999 all place a duty on employers to prevent injuries occurring in the workplace. Employees must be provided with sufficient safety training, appropriate personal protective equipment and be fully risk assessed.
For a successful amputation claim, you will need to establish that your employer was at fault or negligent in the performance of his duties under the relevant legislation. However, these types of case are often complex and extensive. Here at What’s My Claim Worth we have an outstanding track record with loss of limb and amputation compensation claims. The compensation payments we help you receive will be assessed on factors such as pain, deterioration of lifestyle, cost of medical treatment, loss of earnings, psychological suffering and expected length of treatment.
Amputation Claims Case Study from What’s My Claim Worth
A successful recent case involved a client who lost all four fingers and thumb on his dominant hand after trying to unblock a leaf collector. He was awarded £500,000 amputation compensation. This was not only because of the immediate injury but also involved his immediate loss of earnings, his disadvantage on the labour market and also the cost of care and specialist equipment that he requires as a result of his disability.