One of the most tragic and devastating accidents a worker can suffer is an accidental amputation. When a limb is severed, a worker’s life is forever changed. If the amputation occurred while on the job, the worker may be able to recover workers’ compensation benefits. In some cases, a third-party liability claim may be in the cards if a party other than the worker, a coworker, or employer is to blame.
Call our New York lawyers for accidental amputation for help exploring and exercising your rights. You can reach Gacovino Lake & Associates at 800-550-0000.
Causes of Amputations in the Workplace
According to a Fact Sheet published by the Occupational Safety and Health Administration (OSHA), workplace amputations are most frequent when the following pieces of equipment listed are unguarded or inadequately safeguarded.
- Power press brakes
- Printing presses
- Mechanical power presses
- Powered and non-powered conveyors
- Roll-forming and roll-bending machines
- Meat-cutting band saws
- Shears, grinders, and slitters
- Powered and non-powered hand tools
- Food slicers
- Meat grinders
- Drill presses
- Milling machines
- Forklifts
- Trash compactors
Based on the list above, it is evident that workers in a variety of industries may be at risk for suffering an amputation from defective, unguarded, or improperly operated equipment. Workplace amputations may also occur if a heavy object is dropped on a worker.
How to File a Claim for Workers’ Compensation in New York
An amputation can forever change your life. If you’ve been involved in a workplace accident where a limb was amputated, you have the right to file a claim for workers’ compensation. Nearly all employees in the state of New York are covered by workers’ compensation in the event that they are injured while performing work-related duties.
If your claim for workers’ compensation is approved, you may be eligible to recover disability benefits (either total or partial) and medical benefits.
A claim for workers’ compensation benefits can be filed online through the New York State Workers’ Compensation Board website. If you’ve been injured, you must notify your employer of the incident within 30 days, and file your claim for workers’ compensation within two years of the accident. Otherwise, you forfeit your right to workers’ compensation benefits.
Other Options for Recovering Compensation after a Workplace Amputation
When injured in a workplace accident, a worker is entitled to file a workers’ compensation claim regardless of who is to blame. However, if a third party’s negligence caused the accident, then the injured worker also has the right to pursue a third-party liability claim for damages.
For example, if a defective piece of equipment caused a limb amputation, then the manufacturer of that piece of equipment may be liable for injuries.
- Lost wages
- Medical costs
Loss of physical capacity - Disfigurement
- Loss of enjoyment of life
- Pain and suffering
If you want to pursue a third-party liability claim for damages in New York, lawyers for severed limbs at our firm can make sure you file your case within the three-year statute of limitations.
Get Help from New York Attorneys for Accidental Amputation
If you’ve lost a limb in a workplace accident, the attorneys at Gacovino Lake understands that no amount of money can replace an amputated limb. However, by calling us today, our attorneys can help guide you through the process of recovering damages.
This can help to get you the medical care and therapy you need and that can help you continue to provide for yourself and your family despite being unable to return to work, temporarily or permanently.
To start filing a claim for workers’ compensation, or to pursue a third-party liability claim for damages, call our New York lawyers for accidental amputations. You can reach us at 800-550-0000 or via our contact page.
