Losing a limb is a catastrophic injury. Unfortunately, many Iowa workers end up having an arm or leg caught in a machine, or else a heavy object crushes the limb, leading to amputation. This type of accident can make it extremely hard to return to your job.
In Iowa, limb loss qualifies for workers’ compensation benefits if you lost the limb while working. However, obtaining compensation might be difficult. Call Ball, Kirk & Holm, P.C. to speak with one of our Cedar Falls workers’ compensation lawyers in a free consultation.
How Workers Lose Limbs
Many tragic accidents can lead to a lost arm, leg, foot, or hand:
- Getting a limb caught in a machine. The force could rip the limb from your body.
- Having a limb cut off. Defective power tools could slice a limb off, such as your arm, if a safety mechanism is defective or missing.
- Heavy weight landing on the limb. A traumatic blow can damage skeletal muscle, which will ultimately break down and release toxins into the body. Amputating a limb might protect someone suffering a crush injury.
- Fires. A serious fire can cause third- or fourth degree burn injuries, which damage muscle and bone. A doctor might recommend amputating the limb if it isn’t salvageable.
Seek immediate medical care after any accident which causes bodily injury.
What Workers’ Compensation Benefits Can You Receive?
Workers’ compensation covers bodily injuries suffered while you were working. For many people, they are injured in an accident at their job. These benefits are paid without consideration of fault. You should receive the following benefits.
Medical Benefits
Medical care includes stabilizing your condition and stopping bleeding, as well as treating any complications. A serious burn could lead to amputation but also infection. All reasonable and necessary medical care should be covered if you were hurt while working.
Other medical expenses include rehabilitation and prosthetics. People who lose a limb often have ongoing medical expenses, such as stump surgery. Call our law firm if you have questions about getting medical expenses covered.
Scheduled Member Disability Benefits
When a person loses a body part, they can receive disability benefits for a set number of weeks.
- Arm. A maximum of 250 weeks of benefits.
- Hand. A maximum of 190 weeks of benefits.
- Leg. Maximum of 220 weeks of benefits.
- Foot. Maximum of 150 weeks of benefits.
The amount of your benefit will depend on how much you made before the injury, which is your average weekly wage.
Other Disability Benefits
You might be qualified as disabled if you end up losing multiple limbs in an accident. For example, a bad burn across your body can lead to the amputation of all four limbs. You could be totally disabled, which means you deserve additional benefits over the scheduled member benefits listed above.
Vocational Benefits
You might also qualify for vocational benefits. Losing a limb can make it impossible to return to your old job or even your former industry. Suppose you worked as a security guard who walked around the perimeter of property each shift. If you lose a leg, then you probably can’t return to that job, or any other security job. You’ll need to train for a different industry, probably one in which you can work while seated at a desk.
Vocation benefits in Iowa can represent a considerable amount of money. You might need to retrain or even pick up an educational credential. You will work with a vocational specialist to come up with a plan to help you get back to work.
What Hurdles Will You Encounter to Receiving Benefits?
The workers’ compensation system is designed to make it easy for workers to get the benefits they deserve. A strength of the process is that it eliminates considerations of fault, thus streamlining the process. Unfortunately, some people struggle to get all the benefits they deserve after an amputation. For example, their employer or its insurance company might:
- Deny vocational rehabilitation, although you cannot return to your old job.
- Refuse to cover some medical expenses, including a prosthesis when you lose a limb.
- Argue you only amputated part of a limb, so you deserve less than the full scheduled member disability benefits.
- Deny you are fully disabled after losing multiple limbs.
Reach out to our law firm. We can review where you are in the workers’ compensation claims process. Remember, you have the right to bring an appeal of a denial in many cases. We can gather evidence, including medical records, in support of your case.
The sooner you get started, the better. We can also review whether you have the right to file a third-party liability claim. For example, a defective product could have exploded, causing serious burns. The manufacturer should be held accountable for putting a dangerous product in the stream of commerce. You can seek full compensation, including damages for all lost income, mental distress, and pain and suffering. Our firm has a thriving personal injury practice, so we can bring this type of claim along with your workers’ compensation case.
Call to Schedule a Consultation
Losing a limb is psychologically devastating. Many people are unsure if they can ever work again, and depression and other mental health problems pose a real challenge. At Ball Kirk & Holm, our Waterloo workers’ compensation lawyer will do everything possible to get your claim approved.
We can also negotiate a settlement. Many people who suffer from limb loss want all their benefits up front. Negotiating a settlement is one way to get a lump sum, which you can invest or spend in any manner that you want. Our firm has negotiated many workers’ compensation settlements. It’s critical to ensure you get all the money you will need for ongoing medical care. Once you settle a claim, it’s hard to reopen it.
Give us a call to find out more about how to approach a workers’ compensation claim. You can schedule a free consultation. We are available to clients 24/7 and are eager to hear your story.