Maryland Attorney for Loss of Limb or Fingers From a Work Accident
Losing a limb or finger in a work accident is a severe injury. Injuries of this magnitude are life-altering and require treatment that is often for life. Victims often need a great deal of compensation for their incredible loss.
While there are serious obstacles to recovery after suffering the loss of a limb or finger, a work accident attorney’s knowledge of amputation cases could be helpful in your recovery efforts. Maryland has laws to compensate victims who have lost a limb or finger in a work accident. However, calculating damages can be difficult, and victims are not always treated fairly in the Workers’ Compensation process.
If you suffered a loss of a limb or finger in a work accident, our Maryland attorneys for loss of limb or fingers from a work accident can help. For a free case review, contact Rice, Murtha & Psoras today at (410) 694-7291.
Common Causes for Loss of Limb or Fingers from a Maryland Work Accident
Many occupations in Maryland are safe, but others are much more hazardous. Occupations that OSHA has deemed “especially hazardous,” like construction and meatpacking, can require employees to use dangerous machinery that can easily cause amputations. The following are common ways a worker can suffer the loss of a limb or finger in a work accident in Maryland:
- Construction site accidents
- Vehicle accidents
- Saw and slicer accidents
- Punching and shearing machine accidents
- Meat-processing machine accidents
- Woodworking equipment accidents
- Paper products machine accidents
- Forklifts and other heavy machinery accidents
- Power tool accidents
- Roll-bending machine accidents
The machinery that can cause amputations are extremely dangerous for workers and require the utmost care. Our Maryland attorneys for workplace accidents involving loss of limb or fingers can help if you were the victim of your workplace’s equipment or heavy machinery.
Workers’ Compensation for Loss of Limb or Fingers in a Work Accident in Maryland
One method to recover compensation is filing a claim for Workers’ Compensation benefits. The Maryland Workers’ Compensation system is designed to provide injured employees with compensation to cover damages associated with their work injuries, such as medical expenses and lost wages, without the victim needing to prove fault for the accident. Also, most Maryland employers are required to carry Workers’ Compensation insurance. Still, the tradeoff is that you will not be allowed to file a lawsuit against your employer for your injuries in most cases.
Filing a Claim
If you file a claim for Workers’ Compensation benefits, MD Code § 9-627 sets out the wages and length of time that benefits are paid to a worker with an amputation injury. How long you will receive compensation depends on the lost limb or finger. However, your wages will be compensated at 67% of your average income regardless of which limb or finger you lost.
Finger Amputation Injuries
Amputations of limbs and fingers that do not totally disable a worker are known as permanent partial disabilities. The length of time that you will receive compensation will correspond to the body part lost and how Maryland law places value on that particular limb or finger. For instance, the loss of a thumb is compensated for 100 weeks, while the loss of an index finger is compensated for 40 weeks. The time goes down for a second finger, with compensation coming for 35 weeks and 30 weeks for a ring finger. A worker that loses a little finger is compensated for 25, and the loss of a big toe is compensated for 40 weeks.
The law also recognizes partial amputations. Fingers have three distinct sections known as phalanxes. If one or more phalanxes are lost on a finger or a toe, it will be considered the same as a loss of the entire digit and compensated at the same rate. However, compensation for the loss of a phalanx or more shall be 50% of the compensation for the loss of the entire digit.
Losing a limb is a seriously devastating injury, which Workers’ Compensation recognizes. An injured worker will be compensated for 250 weeks for losing a hand or foot and 300 weeks for losing an arm or leg. The permanent loss of use of a hand, arm, foot, or leg will also be considered equivalent to the loss of the entire limb. Further, an amputation at or above the elbow shall be considered the loss of an arm, and amputation at or above the knee shall be considered the loss of a leg. Our Maryland attorneys for loss of limb or fingers from a work accident can help you determine what compensation you are owed for your work injuries.
Filing a Lawsuit for Loss of Limb or Fingers from a Maryland Work Accident
Because Workers’ Compensation is designed to provide benefits to an injured worker quickly, there are only certain situations in which you will be able to file a lawsuit for your workplace amputation injuries. However, a lawsuit is usually the only way to recover damages for pain and suffering, which you cannot recover through Workers’ Compensation.
You could sue your employer if they intentionally caused your injuries. This typically occurs when they fail to follow regulations or provide training to employees. You could also file a lawsuit against an employer that failed to carry Workers’ Compensation insurance.
A third party could also be held accountable for the amputation injuries their negligence caused. Coworkers, subcontractors, and delivery drivers are just some of the other parties that could cause an injury on the job site. Manufacturers and sellers of defective products could be sued if their product caused a loss of limb or finger because of a defect in its design, manufacturing, or labeling. Our Maryland attorneys for loss of limb or fingers from a work accident can review the facts of your case to see if a lawsuit is warranted to recover additional damages.
Our Maryland Attorneys for Loss of Limb or Fingers from a Work Accident Can Help
Our Maryland attorneys for loss of limb or fingers from a work accident can help you get the compensation you need for the long road to recovery. Call Rice, Murtha & Psoras at (410) 694-7291 for your free case assessment.