- Workers' Compensation
Losing a limb is a traumatic experience for anybody. It can be even worse when an amputation happens in a workplace accident. You feel like you’re at the mercy of your employer. The good news is that you can count on an experienced workers comp attorney in Tampa to make sure your claim is handled properly.
Here, we’ll discuss what kind of benefits you’ll be entitled to if you lose a limb in a workplace accident.
Before You Receive Benefits, Your Tampa Workers Comp Lawyer Must Prove You Qualify
Nobody receives workers compensation benefits unless they meet certain requirements. It doesn’t matter how serious your injuries may be. If you don’t qualify, then your employer will not cover your workplace injuries.
In Tampa, Florida, you must meet the following criteria to qualify for workers comp benefits.
- You must be acting within the scope of your employment at the time of your accident.
- You cannot be under the influence of drugs or alcohol at the time of your injury.
- You must report your injury to your employer within thirty (30) days.
- You must agree to be treated by an approved workers compensation doctor.
Of course, this list is not exhaustive. However, this gives you an idea of what the requirements are for workers compensation in Florida.
Losing a Limb Is One of the Worst Injuries an Employee Can Suffer
Aside from serious burn injuries, losing a limb is one of the most serious of all workplace injuries. Even if you only lose a finger or toe, it can change your life significantly. For those workers who lose an arm or leg, their lives will never be the same.
It should go without saying that people who suffer these injuries will need extensive medical care. You may need multiple surgeries. There’s a good chance you’ll require long-term physical therapy.
The good news is that, as long as your claim is approved, your medical treatment will be covered by your employer’s workers compensation insurance carrier.
You Will Need Extensive Medical Care
If you lose a limb, whether it’s during your workplace accident or as the result of an amputation, you’ll experience tremendous pain. You will likely have to deal with this pain for months or even years.
The kind of medical treatment you’ll require is unlike most other injuries. It may take years for you to complete the medical care you need. For many of our clients, they need lifelong medical treatment. If you’re interested in learning more about what you should do if you get re-injured at work, visit this page
You Will Likely Suffer Extreme Emotional Distress
In addition to the physical pain you’ll experience, you’ll also feel an extraordinary level of emotional distress. Losing an arm or leg can make you feel like a different person. You may be extremely depressed or anxious.
If you were hurt in an ordinary accident, your attorney would be able to demand damages. However, under workers compensation, you are limited to medical coverage and replacement wages.
Unfortunately, Your Workers Comp Attorney in Tampa Cannot Demand Ordinary Damages
If you lost a limb in a car accident, you would be entitled to significant damages. You would be able to demand the following:
- Medical bills and future medical bills
- Property damage
- Lost wages
- Lost future income
- Pain and suffering.
This isn’t the case with a workers compensation claim. However, if you do lose a limb in a workplace accident, you’ll be deemed permanently and totally disabled. This means there’s a good chance your workers comp attorney in Tampa will be able to settle your case for a decent amount.
Workers compensation will also pay for necessary medical care.
How Kind of Workplace Accidents Cause Amputations?
Most workers will never have to worry about suffering an amputation. Most workers who suffer this sort of devastating injury work with dangerous and heavy equipment.
Some of the more common ways workers can end up losing a limb:
- Forklift accidents
- Working with power tools
- Motor vehicle accidents
- Handling hazardous materials
- Using agricultural equipment
- Working with construction equipment
Any one of these can lead to an amputation in a work accident. OSHA actually limits the type of equipment certain workers can use because they are so dangerous.
You Could Receive PTD Benefits After an Amputation
According to Florida Statutes §440.15, anybody who suffers an amputation of a hand, arm, foot, or leg in a work accident could be deemed totally and permanently disabled. Unless your employer and their insurance company can prove that there is at least a sedentary job within fifty (50) miles that you can physically do, you’ll be entitled to permanent total disability benefits.
This does not mean that you’ll receive workers compensation benefits for the rest of your life. You can only receive permanent total disability benefits until you are 75 unless you don’t qualify for social security benefits.
Your Tampa Workers Comp Attorney Will Work Hard to Win You the Maximum Payout
Your Tampa workers comp lawyer will demand that you receive maximum compensation if you lose a limb in a workplace accident. After reviewing your case, an attorney will give you an honest opinion about what type of benefits you can receive. You can rest assured that our team will fight for every penny you’re entitled to if we take your case.
Reach Out to One of Our Tampa Workers Comp Lawyers As Soon as Possible
Some employees wait until their claim has been denied before they contact a Tampa workers comp lawyer. What they don’t realize is that there’s a better chance of their claim being approved if they have an attorney.
The insurance company knows they can’t take advantage of you if you’ve retained a workers comp attorney in Tampa.
Call and Schedule Your Free, Initial Consultation Immediately After Your Workplace Accident
We suggest that you reach out to an experienced Tampa workers comp lawyer sooner rather than later. You want to make sure your claim is handled properly from the start. You also want to make sure you’re provided with the best medical care.
Since we offer all new clients a free, initial consultation, it’s in your best interest to contact us immediately. Once you’ve been treated at the hospital, it’s a good idea to call our office and set up a date and time to come into the office.
If need be, we can always conduct your initial consultation by phone or video call.
