Amputation injuries in the worker’s comp

Worker’s compensation claims involving amputation can be straightforward, and they can also be very difficult. There are certain aspects of the claim that are readily discernible. In other words, you can figure out exactly what the benefit is based on what the amputation is of and at what level.

According to ProPublica, you may have an amputation that does not prevent you from going back to work or you may have an amputation that prevents a return to work. Regarding the actual amputation itself, there is an amount of money, assuming you have gone back to work, that you would be entitled to based on what you lost and at what level you lost it. The level may be 25%, 50%, or 75% of that joint or of that body part. So those kinds of things can often be straightforward but other times they cannot.

For example, if you lose your lower leg but it is below the knee, that could be very straightforward. But the rule on that is that it is a little different in that you have got to have full use of the knee joint after the amputation. And if you do not, then it is still 100% loss of the leg, not 50% or whatever other percentage the doctor might think it is based on looking at a chart. If there is damage to any of the soft tissues that enter into the joint, then you may not have full use of that joint. There are all sorts of things that can and do happen with work related injuries that results in amputations. Some of it may have to do with ongoing treatment.

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