Loss of Limbs Lawyer in Hampton
Being involved in an accident that results in the loss of the use of your limbs, hands, feet, fingers, or/and toes can be a very traumatic experience. Not only is the accident itself typically terrifying, but you suffer severe pain as a result and may be permanently impaired and disabled. Indeed, losing the use of an extremity can be life-changing, forcing you to rethink how you will now do all of the things you once easily did.
At the law offices of Hampton Injury Law, our experienced workers’ compensation and personal injury attorney can guide you through your options if you’ve been harmed. Contact Mr. Hoen today for a free consultation.
Compensation for Workplace Accidents that Result in Loss of Use of a Body Part
If you suffer the loss of use of limbs, hands, feet, fingers, or/and toes on the job, you will most likely be entitled to workers’ compensation benefits for your losses. In addition to benefits for all of your necessary and reasonable medical expenses, you may also be able to recover a monetary award of wage benefits based on the Virginia schedule of benefits for amputation or loss of limb. Under this schedule, you can be compensated in accordance with the following losses:
- Hand – 150 weeks (of compensation);
- Arm – 200 weeks;
- Foot – 125 weeks;
- Leg – 175 weeks;
- Great toe – 30 weeks;
- Toe other than great toe – 10 weeks;
- Thumb – 60 weeks;
- Index finger – 35 weeks;
- Second finger – 30 weeks;
- Third finger – 20 weeks; and
- Pinky – 15 weeks.
Compensation for permanent total incapacity can be awarded in the event that the loss of both legs, both hands, both feet, both arms, both eyes, or any two thereof, occurs within the same accident. Under such circumstances, wage benefits for life are awarded.
Filing a Personal Injury Claim
If you have suffered a loss of use or amputation injury in an accident that did not occur in the workplace, you can pursue a personal injury claim, assuming that your accident and subsequent injuries were caused by the fault of another party. In order to pursue a claim, you will need to prove that the other party owed you a duty of care, that they breached the duty of care owed to you, and that your injuries were a direct result of that breach.
You may also bring forth a separate civil claim for a workplace injury if a third party (a party other than your employer) was to blame for your accident and injuries. For example, if you suffered an arm amputation as a result of a defective piece of machinery or in a car accident while working, you may pursue claims against both the third party for damages (including pain and suffering) and a worker’s compensation claim for wage and medical benefits. It is critical that you are represented by an experienced personal injury attorney who specializes in both types of claims. Many attorneys handle only third-party negligence claims and do not fully understand the interplay between the two.
Representing You as You Seek Damages for Your Losses
If you have suffered a loss of use injury described above, Attorney Jan Hoen at Hampton Injury Law wants to represent you. Whether you are pursuing a worker’s compensation claim for a workplace injury, a third-party liability claim, or both, Mr. Hoen can help you to maximize your compensation for each and fully understand your options. For a free evaluation of your injury case, contact Hampton Injury Law today.
