Have you suffered an amputation or lost a limb while in the workplace?
Due to the pain, trauma, and suffering caused by such an incident, you are entitled to claim compensation.
No Australian deserves to suffer from an injury that they didn’t cause.
In this Maxiom Injury Lawyers blog, we will break down exactly how to claim after an amputation, the compensation options available to you, and the legal process involved.
Our team are experts in the field of work injury compensation, road accidents, medical negligence, public liability, and total permanent disability.
Backed by a no-win-no-fee cost agreement.
Understanding Amputation Claims
In the workplace, amputation accidents can happen under a variety of different circumstances.
Regardless of whether you lose a limb or just a finger, even a minor amputation can significantly affect your career, daily life, mental well-being, and financial security.
So what can you claim in the event of an amputation in the workplace?
Well, what you are specifically entitled to depends on the nature of the incident and where it occurred.
Common Causes of Amputation Injuries
Leg Amputation
Can happen while handling machinery, or in a road accident where either a driver or passenger is crushed or pinned down.
The common forms of lower-body amputation include :
- Hip Disarticulation (Full Leg Amputation)
- Trans-Femoral Amputation (Above The Knee Amputation)
- Knee Disarticulation (Knee Joint Amputation)
- Trans-Tibial Amputation (Below-Knee Amputation)
- Ankle Disarticulation (Ankle Amputation)
- Partial Foot Amputation
Arm Amputation
A workplace accident or severe road accident can result in full arm amputation.
The common forms of arm amputation include :
- Shoulder Disarticulation (Full Arm Amputation)
- Elbow Disarticulation (Partial Arm Amputation)
- Trans-Radial Disarticulation (Below-Elbow Amputation)
- Wrist Disarticulation (Wrist Amputation)
Finger Amputation
Caused by traumatic injuries from machinery such as saws, drills, crushers, entanglement, or in a motor vehicle accident when a hand gets caught, crushed or degloved.
Toe and Hand Amputation
Commonly occurs in car accidents and workplaces through crush injuries due to being pinned, or through getting a hand, foot or toe caught in machinery.
In car accidents, amputations can come from direct trauma or severe fractures.
Syme Amputation
A less common form of amputation, where the foot is removed by the heel pad is saved, so the patient can continue to put weight on the legs without relying on an artificial limb (prosthesis)
Types of Amputation Compensation
Medical Expenses
You are entitled to claim compensation for past and future medical costs.
This can include;
- Hospital and surgical fees
- Prosthetics and assistive devices
- Rehabilitation and physiotherapy
- Psychological counselling
- Home and vehicle modifications
Total and Permanent Disability (TPD)
If your injury results in permanent disability, and you can no longer work as a result, then you may be eligible for a TPD claim through your superannuation.
A lump sum payment can be acquired to support your financial needs.
Workers’ Compensation
If the amputation occurred in the workplace, then you can be entitled to any compensation relating to lost wages, medical expenses, and ongoing rehabilitation.
- Income support
- Lump sum for permanent impairment
- Return-to-work support
Pain and Suffering
You may be entitled to compensation for any physical and emotional impacts resulting from the amputation.
This can include;
- Physical pain and discomfort
- Emotional distress
- Psychological impact
- Loss of enjoyment of life
Compulsory Third Party (CTP) Insurance
If you suffer amputation as a result of a motor vehicle accident, then you may be eligible to file a claim with the Transport Accident Commission (TAC)
Medical Negligence
If you suffered your injury as a result of surgical error, misdiagnosis, or delayed treatment, then you are entitled to claim negligence.
You can be entitled to compensation for:
- Current medical expenses
- Loss of earnings
- Pain and suffering
- Ongoing care and support
- Future medical costs
Who Can Make An Amputation Claim?
In Victoria, anyone who has suffered an amputation due to a car accident, workplace injury, or medical negligence can make a workplace injury.
This can be a motor vehicle injury, workplace accident, or an error in the medical space, such as a surgical mistake or delayed diagnosis.
It is crucial to consult with a personal injury lawyer, such as the team at Maxiom, to assess your eligibility and guide you through the claims process.
Strong legal support ensures you receive fair compensation for any medical expenses, lost income, or ongoing pain and suffering resulting from your amputation.
How To File An Amputation Claim
The process for making an amputation claim differs depending on the situation in which the injury occurred.
A motor vehicle accident, a workplace accident, or an amputation resulting from medical negligence, each circumstance follows its own set of steps.
Below is a breakdown of each of the three circumstances :
Transport Accident Claims (TAC)
You are eligible to file a claim in Victoria if the amputation came as a result of a motor vehicle accident.
It does not matter if you’re a driver, passenger, pedestrian, cyclist, or motorcyclist.
Process:
- Seek Medical Treatment : It is essential that you seek medical care immediately in the case of an accident. Your safety is the number one priority.
- Report the Accident : In the aftermath of a vehicular accident, report it to the police or other relevant authority.
- File Your Claim With The TAC : Lodge your claim through the TAC website or over the phone. If you are undergoing medical care, you can ask for assistance from the hospital to get the process started.
- Assessment : Once submitted, the TAC will review your claim in detail and inform you of the compensation benefits you’re entitled to.
- Appeal : In the case that your claim is denied, you can request a review by the TAC, or take the matter further to the Victorian Civil and Administrative Tribunal (VCAT).
In Victoria, you can claim compensation even if you’re partially or fully at fault for the accident, due to the no-fault system.
Claims must have generally been lodged within 12 months of the accident or injury being discovered.
Workplace Accident Claims (WorkSafe Victoria)
If your amputation occurred due to an accident or injury within the workplace, then you can file a claim with WorkSafe Victoria, who cover work-related accidents and injuries.
Process:
- Seek Treatment : Again, seek immediate medical attention, and notify your employer about the injury or accident.
- Lodge With WorkCover : You or your employer must notify WorkSafe about the injury within 30 days of it taking place.
- Complete Claim Forms : Fill out all WorkCover claim forms with details of your injury, and submit these to WorkSafe Victoria.
- Assessment of Claim : WorkSafe will take an in-depth look at your claim and determine your entitlement to compensation for any lost income, medical expenses, or rehabilitation required from the amputation.
- Return to Work : If applicable, a return to work plan may be developed. This can involve re-training or assistance in re-entering the workforce.
- Appeal : If you find your claim rejected, or if you’re dissatisfied with the outcome, you can appeal to WorkSafe Victoria or apply to the Accident Compensation Conciliation Services (ACCS).
If the injury occurs due to the negligence of your employer or unsafe work conditions, then the employer’s insurance will be asked to cover the costs.
You may be entitled to weekly compensation for any lost wages due to the accident.
WorkSafe will also provide funding in many cases for medical treatments and rehabilitation services.
Medical Negligence Claims
In the case of an amputation occurring due to a medical error, such as a surgical mistake, misdiagnosis, or delayed treatment, you can file a medical negligence claim.
Process:
- Seek Medical Attention : It is essential to get the right treatment, and also thorough documentation of the injury you are claiming was caused by medical negligence.
- Gather Evidence : Collate all medical records, hospital notes, and any other evidence to back up negligence claims. Consult with an expert medical witness to support your evidence base.
- Legal Representation : Engage a personal injury lawyer who specialises in medical negligence to help you navigate the process. A strong lawyer will help assess your case and gather any necessary evidence.
- Lodge the Claim : A personal injury lawyer will file with claim with the healthcare provider of the at-fault party’s insurance company.
- Negotiation/Settlement : A large majority of medical negligence cases are settled outside of the courtroom. If a settlement is not reached, though, or is lacklustre, then you may proceed with litigation.
- Court Proceedings : If the case does progress to the courtroom, then you will need to prove that the medical professional’s actions directly caused your amputation.
Remember, you must be able to prove that the medical professional’s negligence directly caused the injury and that the injury has resulted in amputation.
There is often a need for expert testimony to illustrate that the standard of care was not met.
Time limits for medical negligence are usually between 3 to 6 years, depending on when the injury was discovered
Whether your amputation occurred due to a transport accident, workplace incident, pr medical negligence, it is crucial to get the advice of an experienced personal injury lawyer to ensure your claim is filed correctly and within the appropriate time limits.
Factors that Affect Compensation Amount
When it comes to amputation claims in Victoria, there are a range of different factors that will influence the amount of compensation that you’l be entitled to.
Below are several factors that will affect the compensation amount :
- Severity of the Injury
- Impact on Daily Life
- Impact on Quality of Life
- Loss of Earnings and Future Income
- Medical Costs
- Future Care Needs
- Pain and Suffering (Physical and Emotional)
- Legal and Expert Advice
- State Laws
So, how much compensation can you receive for a loss of limb?
Well, it’s a rather life-changing event, so as a result, the total you could receive in compensation could be rather substantial.
The total is based around how your life will look after the amputation, and how the trajectory has changed since before the injury.
The total financial figure will aim to cover all costs and potential costs associated with your loss.
What Are The Time Limits For Amputation Claims?
There are time limits that you must obey when it comes to making a compensation claim for amputation.
The timeframe is within three years of suffering the amputation.
It is always recommended to commence your claim as soon as possible, taking into account how traumatic such an ordeal be.
The quicker you are able to submit the claim, the faster you’ll be able to get the compensation you deserve.
Failing to lodge a claim within the specified Victorian time limits may result in you losing your right to compensation.
How We Can Help at Maxiom Injury Lawyers
Here at Maxiom, we pride ourselves on being the best personal injury law firm in Melbourne.
Operating on a on a no win, no fee basis, we are dedicated advocate of social justice and have taken on and won numerous complex cases in the world of amputation injuries.
With more than 30 years of combined experience, our team are experts in the field of workplace injuries (WorkCover), Road Accidents (TAC), Medical Negligence, Public Liability, Total Permanent Disability (Superannuation), and more.
We have won more than $100 million in compensation for injured Victorians, and are pasionate about helping everyone that we can.
Get started with Maxiom Injury Lawyers today to ensure you receive the maximum compensation that you can.
Contact us today through our website, or call our offices on 1800 85 30 85 or 0488 722 444.
