Amputation Compensation Claims

Have you been involved in a serious workplace or motor vehicle accident? Are you living with an amputation due to your accident? Read our guide to find out if you're eligible to make an amputation compensation claim.
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Common Amputation Injury Claims

Due to people using their hands for most tasks and activities it shouldn't come as a surprise that most commonly the fingers, hands and arms are most at risk of injury and possible amputation.

A little less common is amputations due to medical negligence, although rare they do occur. Medical causes of amputation can include disease and illness, usually due to misdiagnosis. If you have had a limb or body part amputated as a result of medical negligence - characterised by misdiagnosis or failure to act in accordance with good medical treatment, then you may be able to raise a claim for medical negligence. Due to the complicated nature of medical negligence claims, it is important to seek legal advice from our experienced team of personal injury lawyers.

All limbs can be injured as a results of accidents, whether they are crushed or severely maimed. The following list outlines some common causes of amputations.

Amputated Fingers
Amputated fingers are a relatively common workplace amputation injury. Due to the nature of some jobs, the use of hands is frequent. Injuries can result from crush injuries, accidents with tools, knives and saws, burning or degloving injuries.
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Amputated Arm
You may suffer an amputated arm injury in either a workplace accident or motor vehicle accident. You may suffer a full arm or partial arm amputation depending on what happened in your accident. In the workplace, loose clothing can get stuck in moving machinery or conveyor belts and cause your arm to be crushed, resulting in amputation.
Amputated Leg
Leg amputation injuries usually occur in a crushing incident, which can occur in road accidents or workplace accidents. A crushing accident may result in either full leg, above the knee, knee, below-knee, ankle or partial foot amputation.
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Amputated Toes
Similar to leg amputation injury, amputated toe injuries are often a result of an accident where crushing occurs. Amputated toes can also occur when the foot is impacted by heavy materials, like a heavy or sharp object being dropped on the foot and toes.
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Exposure to Dangerous chemcials and dust
In the workplace your hand may become trapped in moving machinery and become crushed or be injured by machinery or tools, resulting in serious injury and the hand needing to be amputated. A hand amputation may also occur during a serious motor vehicle accident.
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Amputations Due to Work Injuries
Accidents that result in a loss of limb can be very traumatic for all involved and occur in the workplace due to many reasons. Amputation accidents can occur due to employees failing to take proper care and paying full attention to the job at hand. However, at times employers do not provide a safe work environment and are found to be negligent . For the purposes of personal injury claims, negligent actions may include:
- Failing to provide the appropriate training for the job or machinery being used
- Incorrect Personal Protective Equipment.
- Incorrect machinery guards or protective machinery.
- Not repairing or maintaining equipment.
- Inadequate supervision for tasks.

There are some occupations that are more susceptible to amputation injuries and these include:

- Labourers.
- Technicians and trades workers.
- Machinery operators and drivers.

Talk with an experienced WorkCover lawyer to learn more.
Amputations Due to Car & Motor Vehicle Accidents
Serious motor vehicle accidents can result in amputation of a limb, mainly due to the crushing nature and the impact of the vehicles crashing into each other, particularly if the car rolls over or crushes under the impact. Common amputation injuries resulting from motor vehicle accidents can include:

- Leg (whole or partial) amputation due to crushing upon impact with another vehicle or solid object
- Arm amputation due to crushing in a rollover
- Hand amputation resulting from a hand crush injury.

-Passengers can sustain an amputation in serious motor vehicle accidents also. If you are a passenger of a car involved in an accident, you are able to make amputation compensation claims for your injuries also.

Find out more about making acar accident compensation claim.
Can I Claim Compensation for Loss of Limb?
If you have suffered a loss of limb due to a road or workplace accident you may be able to claim compensation through an amputation claim. How much compensation you may get is dependant on a lot of factors and which limb has been amputated. Our experienced personal injury lawyers are well equipped in personal injury claims and in particular, amputation claims and can help you obtain the amputation compensation you need to move forward with your life.
What is the Amputation Compensation Claims Process?
Losing a limb can be a significant and traumatic event, and may result in changes to your pre-accident lifestyle. An amputation injury may also impact your ability to work at the same capacity or work at all, this will impact your ability to earn an income, and you may need additional care and help living your life with an amputation. Due to the serious nature of an amputation and the impact on your life, an amputation compensation claim will often be substantial.
Submit an Application with WorkCover
Once it is practical and you are able to, you will need to lodge an application for WorkCover to start your amputation claim. The claims process can be complex and obtaining the right evidence to ensure the amputation claim is accepted is critical. Due to the complicated nature of amputation claims, it's advised to speak with one of our experience personal injury lawyers, they will ensure your legal rights are protected during the amputation claims process.
Wait for Assessment by WorkCover
It should take WorkCover at least 20 days to assess amputation claims, WorkCover will assess your claim and work out what compensation payout you are eligible for once your degree of permanent impairment has been calculated.

WorkCover will make an offer of compensation to you based on the result of your assessment, as each individual claim is unique, each assessment and outcome will differ.
Receive Your Workers Compensation Claim Outcome
Once your application has been successfully lodged with WorkCover, you will be issued a notice of assessment (NOA) which is a document that details the extent of your injuries, the degree of permanent impairment and may also include a sum of money by way of an offer called a Statutory Lump Sum Offer.

It’s important to seek legal advice before accepting the lump sum offer, unknowingly you may forfeit your right to pursue a common law claim for damages. If you accept the lump sum offer without first speaking with one of our experienced lawyers, you may receive a much lower compensation payout than expected.

It's important to note that at this stage WorkCover can also reject your claim for compensation. If this has happened to you there may still be legal avenues you can take. Speaking with one of our lawyers will ensure they can review the decision on your behalf and advise you on your next steps.
Accept the Workers Compensation Claim Offer or Claim Damages
The length of time taken to receive a WorkCover compensation payout can vary depending on the severity of your injury and the amount of compensation you are entitled to. WorkCover will offer a one-time lump sum payment if your injuries are deemed as a permanent impairment. To be eligible for an impairment benefit payment, you will need to meet certain criteria.

If your accident was due to employer negligence, you may be entitled to make a claim for damages, also known as a common law claim. To successfully pursue a claim for damages you need to have suffered a serious permanent injury. It's in your best interests to seek legal advice to ensure you rights and entitlements are protected.
How Long do I Have to Make an Amputation Claim?
There are strict time limits which apply when making an amputation claim. You must commence your claim for compensation within three years of suffering the injury. There are some situations in which this time limit can be altered and you can claim compensation outside of this time limit. We strongly advise to seek compensation sooner rather than later, your out-of-pocket expenses and loss of wages will mount up over time, also starting your claim earlier will ensure our team of experienced lawyers have the time to get the most out of your claim for you.

What Does it Cost to Make an Amputation Compensation Claim?
We know that navigating the legal system can be overwhelming and complex. Our team will take the time to explain every step to you, so you feel empowered to move forward. We offer a ‘No Win. No Fee. No Catch’® promise, which means there are no upfront costs and you will never be left out of pocket. Fees are calculated on the amount of work done and will be explained to you before we proceed with your case.
Lodge A "No Win No Fee" Claim
If you suffer injuries while at work, you don't have to worry about the whole process of making your claim or the legal fees involved. Here at Smith's Lawyers, we offer free consultation services for injured workers looking to kickstart their claims. As mentioned before, we also have a no-win no fee, no catch policy.
Get in touch with us to give yourself the best opportunity to receive the maximum compensation possible for your claim.
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