The loss of a limb or extremity is different from other types of injuries. After an amputation, there is a limited need for ongoing medical care. The focus instead is on relearning life skills and vocational skills through ongoing physical therapy and occupational therapy. An amputee may also need a prosthetic device, which should be replaced as newer, more advanced prosthetics enter the market.
The costs associated with an amputation may be extensive. If you or a loved one has suffered an amputation due to the negligent or reckless conduct of another, you should not be forced to shoulder these costs on your own.
The attorneys of Powers & Santola, LLP, can assist you in seeking just compensation for all losses associated with your amputation injury. We serve clients in Albany, Syracuse and throughout the state of New York. To learn more about how we can assist you, contact us today by phone or online.
Why Do Amputations Occur?
Amputations involve the arms, hands, fingers, legs, feet and toes. The amputation of a limb or extremity may be either complete (all bone and tissue) or partial amputation (some tissue remains). Amputations generally fall within two categories: Traumatic and medically necessary.
Traumatic amputations may be caused by:
As the Occupational Safety and Health Administration (OSHA) reports, amputations in the workplace may occur when workers are engaged in activities such as operating forklifts, using equipment (saws, presses or mills), using power tools or cleaning and maintaining machines. Those who work in the construction, manufacturing, agriculture, landscaping and food services industries face an increased risk of these injuries. In too many cases, these injuries may be caused by an employer’s failure to follow state and federal safety regulations.
A medically necessary amputation is one that a surgeon may need to perform to protect one’s health and, possibly, to save one’s life. The amputation may be needed due to:
- Spreading infection
- Loss of blood flow to the limb or extremity
- Presence of a growing tumor (whether it is benign or malignant)
- Third- or fourth-degree burns.
Seeking a Recovery for Your Amputation
In New York, workers who suffer job-related amputations may be eligible for both workers’ compensation disability benefits as well as additional compensation called a “Schedule Loss of Use” award.
If the amputation resulted from the negligence of a non-employer or co-worker, the worker may be able to pursue a personal injury claim against the at-fault party. For example, a limb may have been amputated at work due to an equipment malfunction that was caused by a defective part.
A personal injury claim may seek compensation for:
- Medical expenses
- Rehabilitation with physical and occupational therapy
- Prosthetics and retrofitting of equipment you may use at home or work
- Home remodeling
- Specialized transportation
- Lost past and future income
- Loss of quality of life
- Emotional distress
- Pain and suffering.
At Powers & Santola, LLP, we will conduct a thorough investigation of your case to determine the cause of your amputation, who should be held responsible and the amount you should receive to cover all costs and losses that you have suffered due to an amputation.
Contact a New York Amputation Injury Attorney
Since 1987, the personal injury lawyers of Powers & Santola, LLP, have protected the rights of seriously injured individuals and their families throughout the state of New York, including Albany, Syracuse and surrounding areas. If you have suffered an amputation in motor vehicle accident, workplace accident or other incident, please contact us today to learn more about how we can assist you.
Sources / Additional Information