Losing part of your body in a work-related accident is a traumatic and devastating experience. Typically, losing a limb leaves victims unable to perform everyday tasks without significant difficulty and necessitates the use of mobility aids or expensive prosthetics. Even in cases in where the lost body part can be reattached, accidental amputations are traumatic, painful, and leave victims with long-term problems such as limited mobility and permanent scarring.
Fortunately for victims, Connecticut Workers’ Compensation Act entitles injured workers to benefits for work-related injuries, including those for permanent disability. Because workers’ compensation is a no-fault system, this is true even in cases in which victims caused their accident through their own negligence or recklessness.
Obtaining Workers’ Compensation after an Accidental Amputation
In Connecticut, most employers are required to carry workers’ compensation insurance that will pay out benefits to people who are hurt on the job. Unfortunately, in many cases, workers’ compensation insurers are more likely to contest more significant claims – resulting in a situation in which the people who need benefits the most having the most difficulty getting them.
For this reason, if you have lost part of your body in a workplace accident or suffered any other type of catastrophic work-related injury, you should speak to an attorney as soon as you can. A lawyer can help ensure that you get the benefits to which you are entitled in the following ways:
- Fill out any required paperwork on your behalf
- Advise you regarding independent medical evaluations
- Represent you if your employer chooses to represent your claim
- Represent you in any hearings that may occur before the Connecticut Workers’ Compensation Commission
- File a lawsuit on your behalf
In Some Cases, You May Be able to File a Lawsuit to Recover Damages
Workers’ compensation provides injured workers benefits regardless of fault, but the trade-off is that they are not able to sue their employers for on-the-job injuries. In some cases, however, it may be possible to file a lawsuit after an accidental amputation at the workplace – which, if successful, would allow victims to recover compensation for losses that are not covered by workers’ compensation. These losses include pain and suffering and loss of quality of life, which can be substantial in amputation cases. For this reason, anyone who has sustained an accidental amputation at work should not assume that they are barred from filing a lawsuit and have their case reviewed by an attorney as soon as possible. Here are some of the circumstances under which an employee may be able to file a lawsuit after an accident that occurred at work:
- The accident was the result of the negligence of an independent contractor
- The accident was the result of defectively manufactured, designed, or marketed work tools or equipment
- The accident was the result of the employer’s intentional act
- The accident was caused by the negligence of a 3rd party, such as another driver
Call Leighton, Katz & Drapeau Today to Schedule a Free Case Evaluation
If you have lost part of your body in a workplace accident, you are probably entitled to significant workers’ compensation benefits. At Leighton, Katz & Drapeau, we work closely with injured workers in order to ensure that they obtain the compensation to which they are entitled. To schedule a free case evaluation with one of our Connecticut workers’ compensation lawyers, call our office today at 860-875-7000 or send us an email through our online contact form.
