Charlotte Amputation Attorney

Charlotte Amputation Lawyer

Amputations can be catastrophic to the victim and their families. There are a number of on-the-job incidents that could ultimately result in an amputation. There are significant physical, emotional, and financial tolls that come with amputations. If you were injured on the job and it resulted in an amputation, and you are seeking workers’ compensation, a Charlotte amputation attorney can help you get the compensation you deserve.

An Injury Lawyer You Can Trust

Suffering any type of injury, especially an amputation, can be stressful. You must deal with the emotional and mental toll of the injury and adjust to life with the amputation, as well as handle the financial toll of medical bills and potential lost wages. If your injury was due to the negligence of another person, it could be tempting to accept whatever offer you are given, whether that is compensation given by your job or a low workers’ compensation settlement.

At The Bollinger Law Firm, PC, we can fight for your rights and inform you of your options. Some of these options include temporary or permanent total or partial disability. Though you do not have the option to file a claim against your employer if you accept workers’ compensation, we can help ensure you are appropriately compensated for medical bills and missed wages. We have handled hundreds of cases related to amputations and negligent injuries. We will fight for the total amount of compensation that you deserve.

We treat all our clients with respect, listening to your needs and goals. We will communicate each step with you, helping you understand the complexities of workers’ compensation law. We will fight for you in court if necessary, but we also seek alternative forms of negotiation, such as mediation. We will work diligently for you, helping you move on with your life without the added financial stress that amputations can bring.

Common Causes of Workplace Amputations

An amputation can occur for different reasons. Workplace amputations can result from various hazards and circumstances. Some common causes include:

• Machine accidents: Workers using heavy machinery such as manufacturing equipment may suffer amputations if body parts come in contact with moving parts.
• Being caught between objects: Workers can get caught in between objects, causing serious injury and requiring amputation. An example would be being caught in between the ground and a piece of heavy machinery that tipped over.
• Tool accidents: Heavy power tools can cause injuries and amputations. This is more likely to occur if the tools are not functioning properly.
• Material handling accidents: Some examples of this include loading and unloading. Amputation risk occurs when a body part is caught or crushed by the heavy weight of the material.
• Vehicle accidents: Vehicles like forklifts and construction equipment have a risk of injuries causing amputations, especially during collisions and rollovers.
• Fires and explosions: When workplaces contain flammable products, this increases the risk of a fire or explosion. Burns and blasts can result in serious injuries that could ultimately result in an amputation.
• Falls: Falls from high heights can cause serious workplace injury, including amputations. Workers in construction, roofing, and maintenance are at a particularly high risk for these types of accidents.
• Human error: Negligence, fatigue, distraction, and failure to follow safety protocols all also contribute to workplace injuries, thus increasing the risk of amputations.

Generally speaking, amputation becomes a necessity when there is trauma or intrusion to a certain part of the body. The amputation is performed to prevent further damage to the body.

Costs Associated with Amputations

According to recent research, the overall lifetime cost associated with amputation is over $500,000. There are a number of things that go into the overall cost of amputation:

• Surgical Procedure: Workplace amputations are rarely simple injuries and will require extensive surgical intervention. Even if the injury resulted in a clean amputation, there will be surgical costs to close the wound and ensure the tissue is healthy enough to heal.
• Hospital Stay: Following the surgery, you can also expect to stay in the hospital for a while to ensure no complications result from the surgery. Any other injuries sustained during the incident can increase the time spent hospitalized.
• Physical therapy and rehab: Amputations are dramatic alterations to your body, and you will need physical therapy to ensure a full recovery. You also want to avoid compensation injuries while you heal.
• Travel: If local facilities are not able to handle the treatment you require for your injuries, you will need to travel to receive appropriate healthcare.
• Mobility Support: The cost breakdown includes prosthetics and any other equipment needed to function more efficiently. Any devices used to assist the patient are also included in this overall cost.

Overall, the total cost of an amputation comes from the medical care, surgery, and any follow-up care needed that is directly related to the amputation. Unfortunately, these costs can be debilitating if workers’ compensation does not appropriately cover them.

Compensation for Amputation

If you experienced an amputation through an incident while on the job in Charlotte, NC, you can be awarded workers’ compensation if your employer carries this type of insurance. Workers’ compensation is meant to cover a range of expenses. These can include:

• Medical bills: An amputation surgery alone can cost tens of thousands of dollars. Unfortunately, medical bills do not stop there. The total bill will also include the cost of pain medication, physical therapy, prescriptions, occupational therapy, wheelchairs, crutches, assistance devices, and prosthetics.Prosthetics only last a few years before needing to be replaced. A lawyer can ensure that all these costs are accounted for in your claim, both medical expenses already incurred and ones that you can expect to pay in the future.
• Lost wages and future earnings: It is common to include lost wages in a claim. This includes the time that a person had to take off from work due to the amputation and subsequent care. You can also seek damages for lost future earnings if you are no longer able to work after the amputation or are unable to work to the same degree that you were before.
• Caregiver: In some instances, following an amputation, a caregiver may be required. If deemed necessary, workers’ compensation will cover the cost of a caregiver to support the injured party in accomplishing daily tasks.

Filing a workers’ compensation claim will help you regain financial stability after an amputation. However, it is not the only form of compensation you can recover. If the injury was caused by another’s negligence, you may be able to recover damages from them as well. For example, if the injury was caused by defective manufacturing equipment, you may be able to pursue damages from the company that built the machine.

What is the Process for Receiving Workers’ Compensation?

Workers’ compensation typically covers medical expenses, rehabilitation costs, and lost wages that arise after a workplace injury, including amputations. The process generally follows these steps:

• Notification: The injured employee reports the injury to their employer as soon as possible. It is important not to delay emergency medical care for the notification.
• Medical treatment: Outside of emergency treatment, all medical treatment should be completed by a healthcare professional approved by workers’ compensation.
• A claim is filed: The injured worker files a workers’ compensation claim with the appropriate agency. The claim will usually include the injury, medical records, and any other relevant information.
• The claim is evaluated: The insurance company evaluates the claim to determine its validity.
• Benefits are determined: These benefits include medical benefits, disability benefits, and vocational rehabilitation.

How Much Does Losing a Limb Hurt?

The pain of amputation extends beyond just the physical. There is emotional and mental pain associated with amputation, as well as adjusting to life without a limb.

The immediate physical effects of amputation can include intense pain. This pain affects the nerves, muscles, and tissues as they undergo extensive physical trauma. There is also phantom limb pain, where there is a sensation of pain in the removed limb. This is a common occurrence and can be present for years after the amputation takes place.

As far as the emotional and psychological toll, there can be a presence of extreme grief as the victim adjusts to the sudden change of navigating life without a limb. This can trigger feelings of loss, inadequacy, and uselessness. As the amputee adjusts to life with a disability, their pain can extend to their loved ones as they experience the emotional turmoil of watching their loved one adjust to their new life.

Recovery is absolutely possible, but it is important to focus on healing instead of fighting with workers’ compensation or your employer after a workplace accident.

Amputation Recovery Process

Each recovery process following an amputation is unique depending on the circumstances, cause, and body structure that was removed. The success rate and the time it takes to recover are dependent on a person’s age, medical history, health, diet, and surgical approach. Smoking is one of the main hindrances to a speedy recovery. It is highly recommended for those undergoing amputation to quit smoking.

If you must go through an amputation surgery, you will likely have a team of people that consists of a physical medicine and rehab doctor, a physical therapist, a prosthetist, an occupational therapist, and a rehabilitation psychologist.

Following the surgery, the patient will undergo hospital care. Here, their condition will be monitored. If the patient is in pain, it will be managed while at the hospital. Physical therapy may begin shortly after the surgery. A physical therapist will work on muscle strength, coordination, and mobility. They can also help train you in your prosthesis if one ends up being a part of your recovery.

There is an emotional aspect of recovery as well. Support is available from mental health professionals. A rehabilitation psychologist can help you in your mental and emotional recovery. They will typically help with the grief and loss that come with losing a limb. They can also help with other amputation-related mental health issues, such as post-traumatic stress disorder (PTSD).

Not everyone who undergoes amputation wants or needs prosthetics. Your rehabilitation team can discuss your options and help you make the decision that is appropriate for you. A leg prosthetic may be beneficial in certain circumstances because it helps establish mobility, but an arm prosthetic may be more of a hindrance in some cases because it can be more complex.

Age, weight, and overall health also contribute to the decision to receive a prosthetic. Someone with certain conditions may have already had limited mobility, and others with certain heart conditions may have a hard time operating a prosthetic.

What Happens if You Don’t Amputate?

When an amputation is medically required, refusing to get the amputation can result in life-threatening consequences. Delaying or denying an amputation can cause an infection to spread to other parts of the body. The condition can rapidly progress, drastically diminishing the body’s ability to fight off sickness since the immune system will be negatively affected. If this happens, organ failure can result.

Denying amputation can affect your overall health. A person can experience intense pain and decreased mobility and function in the affected limb. A limb that is not working properly, or at all, can open the door for subsequent issues, such as deep vein thrombosis and ulcers.

Do I Need a Lawyer?

If you have suffered an amputation and the amputation is due to a workplace injury, you may want to hire an attorney. Ultimately, workers’ compensation is insurance, and they may decide not to cover the injury or award too little coverage.

An attorney from The Bollinger Law Firm, PC can fight for your rights. They are aware of the complexities of the law regarding workers’ compensation and amputations. They will be aware of damages that you can recover that you may not be aware of, as well as help you gather all the proof and supporting documents you need.

Contact a Skilled Workers’ Compensation Attorney

If you or a loved one underwent an amputation and you are seeking workers’ compensation from the responsible party, contact The Bollinger Law Firm, PC, for more information. Our skilled team can handle the legal aspect while you focus on recovering from your injury.