Work Amputation Claims
Have You Or A Loved One Suffered An Amputation Because Of An Accident At Work? You May Be Entitled To A Work Amputation Claim.
Every workplace, in every industry, should have specific health and safety procedures in place to deal with the situation where somebody is injured as a result of an accident at work. This is important for the protection of both employers and employees.
Work amputation claims can arise as a result of various types of severe personal injuries sustained in the workplace. When an accident or trauma is extremely severe, it can result in a complete amputation and the injured body part is totally detached. Complications such as bleeding, shock, and infections are often side-effects connected to an amputation.
Some of the most common causes of work amputation claims that we deal with are:
- Workers being involved in car accidents, involving cars, motorcycles, bicycles, and trains
- Various forms of accidents involving equipment, instruments, cylinders, chainsaws, press machines, meat machines, and wood machines
- Agricultural accidents for example accidents with machines and mower equipment
- Electric shock dangers at work
- Weapons, blades and knives,
- Animal attacks
- Explosions, chemical exposure and fires
The Free Legal Justice team knows that being severely injured in any type of work accident is scary, as is the amputation and recovery process that goes with it. We want to lend a helping hand to guide you through the work amputation claim process. We will take over all the hard work during the claims process, leaving you with less paperwork and minimal stress, and getting you one step closer to the justice you deserve. The Free Legal Justice team has a wealth of experience in dealing with all types of work amputation claims, and we know that it can be a difficult, emotional and stressful experience for everyone involved.
If you have had to undergo an amputation as a result of an injury that you sustained through no fault of your own at work, you may be eligible for compensation. To find out more information about how you can make your work amputation claim, contact Free Legal Justice today for a free and confidential discussion surrounding your situation.
Work Amputation Claims
Generally, an accident at work is an accidental but anticipatable incident that happens at a place of work, because of the conditions of the site or premises, because of the way in which a job is being done, or because of how certain equipment is being used. As a result of this, an accident happens and someone (usually an employee) is injured at the place of work.
An accident at work claim is then the process where the employee, who was the victim of the accident at work, makes a claim for financial compensation against the person that is legally responsible for their injuries. Our expert accident at work claims solicitors have successfully proven the negligence of hundreds of employers in claims of this type, resulting in rightful financial compensation and justice for many satisfied Free Legal Justice clients.
An employee has the right to feel safe in the space that they work. Whether you work in the construction sector, in the restaurant industry, in an office job, or as a cashier in a superstore, your employer has a legal duty make sure your place of work is safe and you are securely protected from harm. Accidents at work can arise in a number of different working environments, but are particularly prevalent in the construction industry, the manufacturing and agricultural industries.
There are numerous kinds of work amputations:
Lower limb amputations can be divided into two broad categories: minor and major amputations. Minor amputations generally refer to the amputation of toes, and extending to medium amputations which involve the foot and ankle. Major amputations are commonly below-knee- or above-knee amputations.
Types of upper body amputations include partial hand amputation, wrist amputation, below and above elbow amputation, shoulder amputation, and forearm amputation.
Facial amputations can include amputation of the ears, nose, tongue and eyes.
What Should I Do If I Suffer A Severe Work Amputation Injury?
Step 1: Seek Medical Attention
If the injury at work is severe or fatal enough to cause an amputation, it is crucial that the designated first aider on site be called to the scene, and the emergency services immediately contacted. Severe accidents at work can be life-threatening and cause lifelong harm– make sure you take whatever steps necessary to limit your physical injuries.
If you have been in an accident at work, it is crucial that you visit the doctor as soon as possible. Amputation injuries need to be assessed and treated with immediately to reduce the risk of complications and more amputation of the limb than necessary. Your doctor will record the details of your serious injury in your medical records, and give a diagnosis on the amputation. Review your employment contract to see whether you are able to take time off of work to go to the doctor.
Step 2: Report The Injury At Work To Your Superior
You will need to report the work amputation accident to your manager so that your employer is aware of what has happened. You can ask someone else to report your injury at work for you, as if you have suffered an amputation injury you will most likely be unable to do so yourself.
Who you will report your work amputation accident to depends on aspects such as:
- Where you were working when you suffered the injury
If you were working in your normal workplace, as an employee, you should make sure your employer knows about your accident. The best person to tell is your manager – check your staff handbook for further guidance. A self-employed person will have to report their accident to the Health and Safety Executive if it happened while you were working on your own premises.
If you were not working at your normal workplace – i.e you were working on a different site, then you should tell the person you usually report to when you’re at the site. You need to let your usual line manager know about the amputation injury at work too.
If you are self-employed and working at a client’s commercial premises, you should inform the person you usually liaise with when you’re at the commercial premises about the injury. You will need to report the accident to the Health and Safety Executive if you were working in someone’s home when the accident occurred.
- Your employment status at the time of the injury at work
This relates to whether you were an employee, a contractor or self-employed. You can check your employment status on GOV.UK.
Step 3: Record The Incident In An Accident Report Book
If the business or establishment where you suffered your amputation injury has more than 10 employees, they need to record the accident in an official accident report book. If a work accident happens and you sustain an injury that is severe enough to cause amputation, your manager needs to fill in the workplace accident report immediately. Usually we suggest that this should be in your own words as far as possible, but if you have sustained an amputation injury it is unlikely you will be able to reach the accident work book
Smaller organisations often also have accident books, so just ask the relevant individual at your place of work whether your accident can be, and has been, recorded in the official accident report book. If there isn’t an accident book, our expert solicitors suggest that you ask someone else to write down the details of the accident in your own words and send it to your manager or the person you report to as soon as possible after you have received medical treatment. Keep a record of the accident for yourself, as our legal team will need as much detail and evidence as possible in the work amputation claim at a later stage.
Who Do I Make A Work Amputation Claim Against?
Your employer will be ultimately responsible for any harm that you suffer at the workplace as a result of someone else’s negligence or actions. Even if your work amputation was caused by the actions of another employee or negligence of one of your fellow employees, at the end of the day it is your employer who remains responsible for keeping you safe at work. This means that you don’t need to be concerned about a colleague having to pay out of their own money for a work accident claim, even if it was actually their negligence that caused the incident. This principle is called vicarious liability and makes that employers are liable for all the actions of their employees.
If you are concerned about the financial implications that a work amputation claim may have on your employer, or about the status of your employment relationship if you do proceed with a work amputation claim against your company, you need not worry any longer. Your employer will have sufficient liability insurance to cover successful work amputation claims made against them. Every employer is required by law to take out this employers’ liability insurance, and this insurance protects both parties, one the one hand ensuring that the employee will receive the financial compensation for their work amputation claim regardless of the employer’s financial positon, and on the other hand ensuring that the employer is not affected financially after a successful work amputation claim is brought against it.
At the end of the day, you are legally entitled to claim financial compensation for wrongful injuries that you have suffered in the workplace, and you have a fundamental right to get justice for the harm that has been caused. Do not feel guilty about using your basic human rights! The Free Legal Justice team will deal with your work amputation claim sensitively and discreetly, placing your privacy and security at the top of our priorities list. If you have any concerns or questions about making a work amputation claim, Free Legal Justice will be happy to provide the necessary support and discuss your case in a completely free consultation from the comfort of your own home.
How Do Work Amputation Claims Arise?
There are many ways that an employee can suffer amputation injuries as a result of an accident at work. Free Legal Justice encounters many work amputation claims each year, and there are various types of severe workplace injuries that can result in amputation.
Injuries From Falling Objects
Whether you work in a warehouse, construction zone, restaurant or in an office, falling objects can cause you harm. Falling objects can cause employees relatively minor injuries like cuts and bruises, but in serious cases depending on what falls and how it falls on someone, falling objects can cause much more severe bodily harm, including amputation, paraplegia and brain damage. Common causes of falling object injuries are:
- Files, books, stationery and other office tools and equipment falling from a shelf and onto an employee below;
- Wall and ceiling fittings become detached and falling on an employee;
- Tools and other building materials and debris falling onto an employee from a height on a building site;
- Unsecured loads lifted high up and falling on to an employee below;
- Shelves that haven’t been properly maintained collapsing onto someone below.
Extremely heavy or sharp objects falling onto a person below can result in severe limb injuries necessitating amputation.
Injuries Caused By Inadequate Personal Protective Equipment (PPE)
Accidents in the workplace can also be a result of employers failing to provide appropriate protective equipment (PPE) for their employees. Employers have a duty of care to their employees to supply sufficient PPE and to take whatever steps to protect employees – especially when they are dealing with dangerous machinery, substances or structures as a daily part of their work. Work amputation claims can arise from serious injuries if the following PPE is not supplied to workers:
- Protective overalls
- Hard Hats
- Protective gloves
- Steel toe capped boots
- High-vis jackets
- Safety Harness
- Protective masks
- Eye protection goggles
- Ear protection and sound mufflers
Where these PPE items are supplied but are not of good quality, or they are not properly suited to the job at hand, they can result in a work amputation. Sometimes employers don’t pay any heed to health and safety at work and PPE is simply not provided to the employees. In these cases, if an accident results and an employee suffers a work amputation injury, the employee will likely have a valid work amputation claim.
Falling from a Height
Falls from a height are common in the manual labour and construction industries. Work amputation claims connected to falls usually arise from injuries caused by:
- An employee falling from a ladder that is unstable, overreaching while on a ladder or using a ladder without proper footing;
- An employee falling through or from a roof, with no safety cables or nets to catch them;
- An employee working on a fragile surface and falling through;
- An employee falling from a high vehicle or a crane;
- An employee falling from scaffolding on a building site;
Depending on how you land, how high you fell from, and on what you landed, a fall from a great height could result in severe damage that necessitates amputation.
Generally, burn injuries are often caused by:
- Electrical burns from contact with electrical currents caused by faulty tools or faulty electrical equipment;
- Contact with overheated machinery or tools;
- Chemical burns from contact with corrosive materials, acids or oils;
- Contact with direct heat sources such as welding;
- Fire burns from a fire started within the building or by faulty wiring.
Burn injuries can be extremely serious and cause internal and external harm to limbs, which in severe cases can result in an amputation.
Vehicle Crashes and Collisions
Many employees drive in the course of work, whether it means driving cars, lorries or even other vehicles such as forklift trucks. Car Accidents can be caused by being struck by a moving vehicle, being struck by falling objects from a vehicle and falling from a vehicle or getting stuck or crushed by an overturned vehicle. If an employee sustains an amputation injury in a car accident during the scope of work, they will likely have a work amputation claim.
Dangerous Machinery Accidents
If you work in a factory, industry, a warehouse or in agriculture, you will most likely be exposed to hazardous machinery on a daily basis. Most factories, warehouses and industrial environments use dangerous machinery daily.
Causes of work amputation claims involving dangerous machinery are:
- Injuries caused by machine entanglement and crushing;
- Severe cuts and lacerations from coming in contact with sharp tools or parts of machines;
- Lack of training of employees;
- Faulty or insufficient PPE; and
- Defective or poorly maintained equipment.
What Information Will I Need To Make My Work Amputation Claim?
Generally, to be able to assist you on your amputation claim, Free Legal Justice will need to know:
- how you sustained the work injury,
- where you were at the time of the incident, be it on the road, at work or in a public place.
- Who else was present when you suffered the work injury, either as witnesses or as individuals involved in the accident; and
- We’ll need the details of your injuries, details of the work amputation, the medical diagnosis before and after the work amputation, and
- and the impact that the work amputation has had on your life both physically and financially.
Based on the information you give us, a member of the Free Legal Justice team will be able to assess your work amputation claim and advise you on the merits of your case. If we think you have a valid claim, we will also be able to give you an estimated value and advise you on the next stages in the process.
At a later stage, will ask you to share any additional information or data that you have about the accident, including for example photographs of the accident, CCTV footage, photos of your injuries, details of any witnesses to the accident. These items will be used in support of your claim.
Physical Effects Of Amputation Injury Claims
When something as drastic as an amputation happens it causes a massive change to a person’s everyday life, and can have various physical and emotional effects. The immediate physical effects of an amputation may seem quite obvious. For example, a leg amputation means that someone has lost an entire leg, and this will stop them from being able to walk around and complete basic tasks without assistance. But this is not the only way that someone’s life will be affected by an amputation. When your work amputation claim is calculated, we will look at all of the physical effects that the amputation has had on your life. The more severe the physical effects, the more compensation you will receive.
Mobility and Agility
Lower-leg amputations clearly affect someone’s life by reducing that person’s mobility and balance, meaning that they will not be able to walk in the same way as before. In many cases, after proper care and rehabilitation, the injured person will be able to make use of a prosthetic limb to get around and go about their daily life. Once someone has suffered a work amputation, it is likely that their daily routine will become difficult or impossible to do. Even straightforward tasks such as cooking, cleaning and bathing can be a tremendous challenge for amputees, and the person may be extremely restricted in the activities they can do without help.
Stump And Phantom Limb Pain
An extremely common side-effect of amputation is phantom limb and stump pain. Stump pain is pain felt consistently in the remaining part of the injured limb, with the pain being focused on the groups of nerves that have suffered damage at the site of amputation. Phantom limb pain is the most common condition and affects up to 80% of all amputees. This condition leaves the amputee with the sensation of pain that an injured person feels in their ‘missing’ limb. The severity and level of phantom limb pain will vary from person to person, depending on the nature and circumstances surround their amputation. For some the pain may be temporary and brief shock-like pangs of discomfort or burning sensations in their phantom limb. Other amputees suffer much more chronic and excruciating levels of agonising pain.
Infections can easily develop in amputees if the skin on their stump breaks down, or by excess moisture on the stump causing wounds to open and leaving it exposed to germs. When this happens it can give rise to infections, and may prevent the amputee from being able to make full use of a prosthetic limb. Unfortunately, infections often result in further surgical procedures to remove more of the limb, and sometimes even the entire remaining limb.
A muscle contracture is a tightening or shortening of muscles. It causes joint stiffness and can happen in any joint. You may get contractures from having to stay in bed for a long time, such as when you have had a surgery with a long recovery period. It can also be caused by various changes in your anatomy, resulting in an imbalance in the muscles within your limbs. If left untreated, an amputee may lose the capability to fit a prosthetic limb, which in turn will mean that their mobility is further diminished by the amputation.
Deep Vein Thrombosis
Deep vein thrombosis is a deep blood-clotting condition, and usually affects amputees with lower-limb amputations. Those who have suffered from an amputation of their lower body have a high probability of experiencing deep vein thrombosis. If this condition is left without care, it could have a potentially fatal secondary effect known as a pulmonary embolism. This is extremely serious and happens when part of the blood clot breaks away from the leg and travels to the person’s lungs.
Extreme fatigue is common amongst amputees, even if they try to hide it. The extra effort demanded of amputees, just to perform routine daily activities, can result in increased levels of tiredness and fatigue. Often the pain medication prescribed to amputees makes them feel more tired and can cause them to sleep for longer. Understandably, the pain and discomfort associated with an amputation can disturb a person’s sleep and intensify their fatigue.
Emotional Effects Of Amputation Accident Claims
Because of the immediately visible physical attributes of an amputation, it can be all too easy for people to ignore the psychological and emotional impact that amputation can have on an individual. It is a life-changing event for any person, and it is important that anyone who has been through such an experience is supported as they try to rebuild their life.
The trauma, body image and social impact associated with a work amputation is immense. At Free Legal Justice we understand that the psychological and emotional effects of losing a limb can be immense. An amputation has an emotional impact on the injured person but also on those close to them such as their family, friends and colleagues. Free Legal Justice is here to help work amputation claimants get through this difficult time and will do everything possible to make your work amputation claim a simple, stress-free and fruitful process.
What Is My Work Amputation Claim Worth?
Work amputation claim pay-outs typically comprise of amounts awarded for general and special damages. General damages refer to compensation for the physical injury suffered by the person, while special damages refer to compensation awarded as a reimbursement of additional expenses incurred as a result of the work amputation. Your special damages will include pain and suffering, prosthetic costs, care and assistance, rehabilitation, travel costs, home adjustments costs, and past and future earning losses. It is important to keep records of all expenses associated with special damages, as we will need this in proof of your financial claim. Free Legal Justice will explain in detail what adds to the calculation of your general and special damages, once you provide us with the details of your work amputation claim.
To assess the total effect of a work amputation, a number of factors must be taken into account:
- The type of amputation
- The condition of the remaining limb
- Whether a prosthetic limb can be used
- The person’s age
- Their pre-injury health
- Other injuries sustained at the same time as the amputation
- Their domestic situation
- The emotional and psychological effect on the person
The general damages part of your work amputation claim is calculated by comparing your independent medical report with the official Judicial Board Guidelines for the Assessment of General Damages in Personal Injury Cases. This guideline estimates how much general damages can be claimed for different types of injuries. The Court will consider aspects such as how serious your injury was, complicating factors surrounding the injury, as well as the length of the recovery period.
Generally, amputations are regarded as some of the most severe injuries that someone can suffer, and the effects of amputations are much longer than other injuries- the physical effect being permanent, and the psychological effects life-altering. The figures below should give you a general idea of the compensation that you might be eligible to receive for your work amputation claim.
- Amputation of index finger – in the region of £14,000;
- Amputation of a big toe – in the region of £23,800;
- Loss of a thumb – between £27,000 and £41,500;
- Amputation of one hand – in the region of £73,000 and £83,300;
- Loss of one foot – between £63,800 and £83,300
- Loss of the lower half of the arm – between £73,000 to £83,300;
- Amputation from the top half an arm– £83,300 to £99,500;
- Amputation of one leg below the knee – between £74,400 and £101,000;
- Loss of one leg from above the knee – £79,700 to £104,500 ;
- Amputation of both arms – between £183,000 and £228,000;
- Amputation of both legs – between £183,000 and £214,300
Please note that these figures are for broad guidance only. For a more tailored estimate of your work amputation claim, contact the Free Legal Justice team today. Our work accident claims team is available to give you completely free legal advice 24 hours a day, 7 days a week, and is ready answer any questions you might have about the calculation of your general and special damages. Please get in touch with us by filling out the online form, or by calling us on 0800 567 7074 today. We appreciate that you may not be able to get to one of the Free Legal Justice offices because of your work amputation injuries. One of our friendly personal injury solicitors will be happy to conduct a complimentary home visit, so that you can talk over your wok amputation claim from the comfort of your own home.
What Will It Cost Me To Make A Work accident Amputation Claim?
Many potential claimants worry about the cost of legal assistance when making their work amputation claim. We have good news. At Free Legal Justice, the vast majority of cases we work on are taken on a No Win No Fee basis, so there is no financial risk to you.
Put simply, A No Win No Fee agreement is a way for you to take the necessary legal steps to claim rightful compensation for your work amputation, without any financial risks weighing over your head. Our highly skilled lawyers are happy to offer No Win No Fee agreements to clients seeking rightful compensation in work amputation claims, because they are extremely confident in their legal skills and have a track record of successful claims behind them.
Our personal injury lawyers work on an average success fee of 25% of the total compensation received for your claim. Your designated lawyer will make sure to discuss the success fee upfront, and this success fee will be agreed in writing between the parties before you make your work amputation claim. If Free Legal Justice helps you to win your case, we will receive the success fee as payment for our legal fees. Your experienced personal injury lawyer will be able to answer any questions that you might have regarding the success fee once you have agreed to continue with your work amputation claim.
Why Choose A No Win No Fee Agreement With Free Legal Justice solicitors for your work amputation claims?
Free Legal Justice has an entire panel of specialised personal injury solicitors who resolve thousands of No Win No Fee claims every year. The dedicated Free Legal Justice team works around the clock – 24 hours a day, 7 days a week, to help our clients get justice for the harm they have suffered, and receive the maximum compensation that they deserve.
By working with Claim Justice on a No Win No Fee work amputation claim, we promise that:
- You will receive free legal advice from one of our expert solicitors as to how best to proceed with your work amputation claim;
- A member of the Free Legal Justice Team will be available to speak to you 24 hours a day, 7 days a week, to help you with any questions that you might have regarding work amputation claim;
- We can conduct consultations from the comfort of your home;
- If you are unsuccessful in your claim, we will not charge you any legal fees for the work that we have done on your case;
- You won’t pay a thing from your own pocket;
- We will help you to recover the maximum amount of compensation in the shortest possible time; and
- We will manage your case efficiently, keep you updated on its progress, and will try to make the entire compensation claim process as stress-free as possible for you.
Contact Free Legal Justice at any time of day, on any day of the week, by filling out the short online form and waiting for us to call you back for free, or by calling one of our friendly claims handlers on 0800 567 7074. If you would like to discuss your case from the comfort of your own home, please request a complimentary home visit from one of our friendly accident claims handlers, so that we can start your claim without delay.