Workplace amputation claims

An amputation is an extremely traumatic injury which has lifelong consequences. It changes lives and results in severe physical and mental trauma for the person concerned.

It is no less traumatic for their family who has to come to terms with the impact of this injury and the effect it has had upon their loved one.

Both the affected person and their family have to learn to adapt to their altered condition. This takes time and in some cases the injured person may never fully adapt to their new state.

Psychological illnesses such as post traumatic stress disorder or depression are not uncommon.

If you or someone you has suffered an amputation at work which was not your fault then you may be entitled to compensation.

Common causes of amputations at work

There are a variety of ways in which a workplace amputation can occur but the most common include:

• Contact with dangerous equipment or machinery
• Crushed limb due to a falling object
• Trapped by a vehicle or a heavy object

The seriousness of accidents such as these cannot be underestimated.

Employer responsibility

There are Health and Safety guidelines for the protection of employees which are designed to minimise the risk of an accident or injury.

Employers have a responsibility to ensure that these are carried in the workplace and that their employees are made aware of any potential risks in their environment. Suitable training must be given and protective clothing or equipment provided as required.

A risk assessment must be undertaken in order to determine the level of danger to the employee and what measures need to be put in place to prevent this.

But if these fail or are incorrectly implemented then an accident such as an amputation can occur.

In cases such as these there may be more than one party responsible which will be taken into account during the claims process.

Effects of a workplace amputation

This is a catastrophic injury which affects everyone connected with the injured person.

If this applies to you then not only do you have the physical pain and discomfort to deal with but the subsequent emotional distress as well.

An injury of this extent means that you are unlikely to be able to continue in your current job. This means having to search for alternative employment or spending a period of time unemployed –all of which puts a financial strain on your family.

A loss of earnings and possibly pension rights is stressful for not only you but your family and may plunge you into financial hardship.

It takes time to come to terms with your accident and your new condition. Flashbacks are not uncommon as is worrying about the future.

There is no amount of money that will undo your accident but compensation can help in a variety of ways. It can be used to pay for your rehabilitation, e.g. a prosthetic, support services and care. It can also replace income lost as a result of your accident.

Making a claim for compensation for a workplace amputation

There are strict time limits for personal injury claims. These claims have a 3 year time limit so it is important that you find a personal injury lawyer or solicitor within that timescale.

Find a lawyer or solicitor with experience in claims of this extent and an understanding of the complex issues involved. He or she should have knowledge and expertise in the field of workplace accidents and injuries and will use this to achieve the best outcome for you.

He or she should handle your claim with sympathy and an understanding of the extent to which this has affected you and your family. They should be aware of the impact an amputation has upon someone and offer support and advice wherever possible.

He or she will conduct an initial assessment of your claim to determine all the facts; if more than one person was involved; and what evidence is present to support your claim. This will enable him/her to estimate what the likely outcome of your claim will be.

The claims process is discussed in more detail in our making a claim for compensation section.

Time limit for claiming compensation for a workplace amputation

Personal injury claims have a 3 year time limit which starts from the date of the accident or illness.

But you may wish to confirm this with your lawyer or solicitor.