We Provide Determined Counsel to Protect Victims of Work Injury Related Amputations
Helping Injured Workers Claim the Benefits They Deserve
Workplace injuries requiring amputations are among the most severe and are therefore handled differently than other injuries under the Pennsylvania Workers’ Compensation Act. Amputations are classified as a specific loss and are compensated for in the form of specific loss benefits.
Workers who had an amputation due to their workplace injury are not only entitled to regular workers’ compensation benefits consisting of medical, rehabilitation, out-of-pocket costs, and wage loss compensation, but also specific loss benefits, such as a lump sum payment based on the body part amputated. At Larry Pitt & Associates, P.C., we are here to fight for your rights and help you obtain the maximum benefits you are entitled for your work-injury-related amputation.
Specific Loss Benefits
Under the Pennsylvania Workers’ Compensation Act, workers with certain injuries are entitled to specific loss benefits. These injuries include eye or hearing loss, disfigurement of the face, head, or neck, and amputation of the:
- Lower leg
Based on the body part that was amputated, workers entitled to specific loss benefits will receive workers’ compensation payments for a certain number of weeks, as set forth in the statute. They may also receive payments for a healing period depending on the amputated body part. Pennsylvania uses a rating schedule to determine the number of weeks workers with various amputations will receive benefits.
For example, a worker who suffered a leg amputation will receive workers’ compensation benefits for a period of 410 weeks and an additional healing period of 25 weeks, whereas a worker who suffered the amputation of a second, third, or fourth toe will receive workers’ compensation benefits for 16 weeks and a six-week healing period.
The amount workers will be paid during those weeks is determined based on a rating system. The treating physician will make a rating based on several factors that include the worker’s overall health, age, and work experience, and report that rating to the workers’ compensation adjuster, who will then determine the amount of the lump sum payment.
If an employee is absent from work longer than the number of weeks allocated in the statute, employers may seek to limit payments to the predetermined specific loss period for the worker’s injury. For workers to receive payments beyond the specific loss period outlined in the statute, they must show that there is an injury separate and apart from the specific loss that is preventing them from returning to work.
Injured workers may also be entitled to additional compensation for their amputation if their workplace injury was caused by third-party negligence. The workers’ compensation system is no-fault and compensation is not contingent upon proving negligence. However, when a party other than the worker’s employer negligently caused the accident, that party may be held liable under personal injury law.
Drivers, subcontractors, suppliers, vendors, property owners, and manufacturers are some examples of third parties that may be held liable for a worker’s injuries. Third party claims may be filed in conjunction with workers’ compensation claims and will often result in higher amounts of compensation because damages for pain and suffering are available.
Statute of Limitations
It is important that workers adhere to the statute of limitations in both workers’ compensation and personal injury cases. In Pennsylvania, workers must notify their employers of their injury within 120 days and must file their workers’ compensation claim within three years from the date of their injury. The statute of limitations for personal injury claims is two years.
Philadelphia Workers’ Compensation Lawyers at Larry Pitt & Associates, P.C. are Skilled in Obtaining Specific Loss Benefits
If you had an amputation due to a workplace injury, contact our skilled Philadelphia workers’ compensation lawyers at Larry Pitt & Associates, P.C. We have more than 40 years of experience handling all types of Pennsylvania workers’ compensation claims and we represent clients throughout the state, including Chester County, Berks County, Bucks County, Delaware County,Montgomery County, and Philadelphia County. Call us at 888-PITT-LAW or complete our online contact form for a free consultation.
Our team also provides skilled representation to those residing in and around Abington, Ambler, Ardmore, Bala Cynwyd, Bensalem, Clifton Heights, Crum Lynne, Darby, Downingtown, Doylestown, Drexel Hill, Essington, Folcroft, Glenolden, Haverford, Havertown, Holmes, Kutztown, Lansdowne, Media, Merion Station, Morton, Narberth, Norristown, Norwood, Philadelphia, Prospect Park, Quakertown, Reading, Roxborough, Sharon Hill, Upper Darby, West Chester, and Wynnewood.