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An accident where amputation is involved is serious, and may be very traumatic and difficult for both you and your loved ones.
Amputation accidents can happen in the workplace due to a range of causes, for example machinery faults or lapses in concentration, and they may also occur due to road accidents or medical negligence.
If you have had loss of a limb or body part amputated due to an accident which was caused by someone else’s negligence then you may be able to claim compensation for your loss. Our law firm has experts in amputation compensation and can help with no win no fee negligence claims.
Some of the more common types of amputations are injuries involving the fingers, hands, and arms. We use our hands to use machinery and tools, and it is often the case that a worker will suffer an injury due to improper guards or safety mechanisms put in place. For example, a worker recently suffered a partially amputated thumb when unloading a shipping container due to improper training. Other common amputation injuries include:
Workplace injuries involving amputation remain a fairly constant proportion of all serious workplace-related injury and disease claims, with claims relating to wounds, lacerations, amputation and internal organ damage making up 15% of all claims in 2019 and 14% of all claims in 2020.
The professions most at-risk of making a serious claim for an amputation are, unsurprisingly, those workers who are exposed to high-risk environments. In 2020, the following professions made a large proportion of serious claims:
While the exact statistics of the claims relating to the type of injury are not provided, it is unfortunately all too common for tradespeople to suffer injuries resulting in amputation due to workplace accidents.
Workplace amputations resulting from accidents can include:
There are a number of ways in which an amputation accident can happen, including through failing to take proper care. In some cases, however, your employer may not have provided a safe place of work - in that there was a failure to provide the correct protective equipment. Employer negligence may include:
If your employer is found to be negligent in their duty to provide a safe place of work, you may be able to make an application for compensation for any amputation injury suffered.
Traffic accidents are often incredibly traumatic and can result in amputation due to crush injuries or the force of impact.
Some of the common amputation injuries resulting from a road and car accident can include:
Medical causes of amputation include disease and illness. If you have had a limb or body part amputated as a result of misdiagnosis or a failure to act in accordance with good medical practice, then you may be able to claim compensation for your loss.
If you have had a limb amputated as a result of someone else’s negligence then you may be able to claim compensation. Our Brisbane based personal injury claims lawyers are experienced in working with people who have suffered as a result of possible medical negligence, and can help you to secure a claim for the appropriate amount of compensation in your matter.
Losing a limb is a significant event, and will result in a change in your life - especially if you have lost a partial limb or full limb due to an accident. A loss of limb will impact on your ability to earn an income, and will likely result in you requiring greater care and help in living your life.
As a result of the large impact that an amputation injury can have, a claim for compensation will often be substantial.
Calculating a claim for compensation requires a few key steps:
A claim for compensation looks at your life after amputation, and how your life was going to go prior to amputation, and comes up with a financial figure which aims to cover all costs and potential costs associated with your loss.
Gracie has recently graduated high school and takes up a position working with a carpenter as an apprentice when she is 18. She has been working with her employer for six months and has plans to start her own business when she completes her training.
One day at work she is improperly supervised and has an accident where she loses three fingers on her hand while using a band saw. As a result, Gracie is no longer able to pursue a career as a carpenter due to her loss of fingers. After surgery and recovering, she eventually finds work in a factory operating a press.
Gracie would be able to claim compensation for her loss in earnings, and loss of potential earnings (the difference between her estimated salary as a business owner, compared to that of a factory press operator) as well as for pain and suffering and loss of enjoyment in her life.
Devon works in the mines in North Queensland and is heading to his shift from camp one day when the work vehicle he is travelling in blows a tyre, due to a faulty maintenance schedule, and rolls over several times. His arm is badly injured as a result of being pinned between some seats and, despite emergency surgery, he has to have his arm amputated above the elbow.
Devon is unable to continue his employment and has to retrain, but he suffers depression as a result of his accident and finds it hard to secure work.
Devon would be able to claim for compensation due to his accident, and would likely secure a significant payment due to the loss of his salary.
There are time limits which apply when making an amputation compensation claim, in that you must commence your claim for compensation within three years of suffering the injury. There are some situations in which this time limit can be extended , but it is best if you commence your claim as soon as you are able to, so that you are well within the limitation period.
While a claim for compensation will not heal the trauma, financial payment for your pain, suffering and treatment can go some way towards getting you back on track after you have suffered an amputation. Our specialist teams of injury solicitors can help you prepare your case to ensure you receive the maximum benefit possible as appropriate for your injury.