Understand the unique challenges of work-related amputation injuries so you can prioritize your recovery and maximize your compensation in Great Falls
The spirit of Montana is all about resilience—overcoming challenges and adapting to a rugged landscape. But facing an amputation after a workplace accident is a unique kind of adversity. The physical and emotional toll can be immense, leaving you wondering how to move forward physically and financially.
One crucial step toward healing is securing the workers’ compensation benefits you deserve. These benefits can help ease the financial burden of medical care, rehabilitation, and lost wages associated with a catastrophic injury.
This article will guide you through accessing Montana workers’ compensation after an amputation injury, ensuring you have the resources you need to focus on your recovery and move forward, even if the path ahead isn’t what you had planned.
How common are amputation injuries at work?
Fortunately, work-related amputation injuries are a relatively infrequent occurrence. In Montana, about 40 workers suffered amputations in 2020, accounting for only about 1% of injuries that year, according to the Montana Department of Labor & Industry.
Across the U.S., approximately 6,200 workers suffered amputation injuries in 2018, according to the Bureau of Labor Statistics (BLS), which represented about 0.5% of work injuries that led to days of missed work during that period.
So, what are the top causes of amputations at work?
Of the work-related amputations that occurred in the U.S. in 2018, more than half (58%) involved machinery accidents. Other top sources included:
- Parts and materials (15%)
- Containers, furniture, and fixtures (8%)
- Vehicles (8%)
- Tools, instruments, and equipment (7%)
- All other sources (4%)
Which workers have the highest risk of losing a limb?
Workers most at risk of amputation injuries on the job typically include those operating machinery or working in environments where machinery or large equipment is frequently used, including:
- Manufacturing workers. Factory employees often work with heavy machinery that has moving parts, sharp edges, or presses. The risk of an amputation is significant if machinery is improperly guarded or if safety protocols are not followed.
- Agricultural workers. Those in the agricultural sector are at risk due to their interaction with machinery like harvesters and balers. These machines have parts that can entrap limbs, leading to severe injuries.
- Transportation workers. Those involved in vehicle maintenance and repair are at risk, especially when working with heavy machinery or equipment that can trap or crush limbs. This group includes mechanics and others working in transit system maintenance or freight and cargo handling. Delivery drivers are also at risk for amputation injuries during vehicle accidents while driving for work.
- Construction workers. Workers in construction, like roofers and flooring installers, use power tools and heavy equipment, such as saws, drills, and forklifts, which can easily lead to amputations if mishandled or if a malfunction occurs.
- Food processing workers. The use of cutting machines, slicers, and grinders in food processing can pose a risk if the equipment is not properly maintained or if safety measures are inadequate.
- Warehouse workers. Automated machinery, such as conveyors or forklifts, at Amazon and other large warehouses can also be a source of amputation risks, particularly when workers are performing maintenance or clearing jams in machinery.
In all of these professions, safety hazards like the absence of proper safety guards, insufficient training, poor machinery maintenance, a lack of personal protective equipment, and even worker fatigue can increase the risk of these preventable accidents.
What does workers’ comp cover in Montana?
In Montana, workers’ compensation insurance provides coverage for employees who suffer an amputation or any other type of injury or illness as a result of their job.
Here’s a basic overview of what workers’ compensation typically covers in Montana:
- Medical expenses. This includes all reasonable and necessary medical treatments related to the work injury or illness. This can cover hospital visits, medical tests, medications, surgeries, and any necessary medical equipment.
- Wage loss benefits. If an injury or illness prevents an employee from working during their recovery, workers’ comp provides wage replacement benefits. These benefits typically amount to two-thirds of the worker’s average weekly wage, subject to minimum and maximum limits. Any worker who is permanently disabled due to a work-related injury may qualify to receive benefits for an extended period, potentially for life, depending on the severity and nature of the disability.
- Death benefits. If a worker dies as a result of a work-related injury or illness, workers’ comp provides death benefits to the surviving family members, which can include a portion of the deceased worker’s wages and funeral expenses.
- Rehabilitation services. This can include both physical rehabilitation for recovery from injuries and vocational rehabilitation to help injured workers gain new skills if they are unable to return to their previous job.
It’s important to understand that workers’ comp is a type of no-fault insurance provided by your employer, so in most cases, workers are eligible for benefits even if they caused the accident that led to their injury.
Montana Workers’ Compensation Claims Process
Get step-by-step instructions for filing a workers’ comp claim in Montana, and find out how long you have to report your injury to your employer.
How much compensation do you get for losing a limb?
In Montana, workers who sustain a permanent partial disability (PPD) from a work-related injury like an amputation may be eligible for a PPD award in addition to compensation for medical expenses and wage loss if they meet specific criteria.
The amount of PPD compensation is typically calculated by multiplying the impairment percentage (which is based on the American Medical Association’s Guide to the Evaluation of Permanent Impairment) by 400 weeks, with a cap at a 100% disability rating.
This system aims to compensate for physical and functional losses, irrespective of their impact on earnings.
Additionally, if a third party, such as a manufacturer of faulty equipment or a negligent driver, is responsible for an amputation injury at work, you may be eligible for additional compensation beyond workers’ compensation through a personal injury lawsuit. This can provide a way to recover damages for pain and suffering and other losses not covered under workers’ compensation.
In such cases, it’s crucial to contact a lawyer who has experience in both workers’ compensation and personal injury claims to evaluate your case and help determine all potentially liable parties so you can maximize your compensation.
Get help after an amputation in Montana from an experienced work injury attorney
After suffering the loss of a limb at work, the stakes are high, so having an experienced attorney to assist with your workers’ compensation claim is essential.
At Murphy Law Firm, we bring a wealth of knowledge and a deep understanding of both workers’ compensation and personal injury law. With over 75 years of combined experience, our Great Falls work injury attorneys are well-equipped to navigate the legal intricacies of your claim and maximize your compensation to ensure you have the money you need to cover your medical expenses and wage loss well into the future.
We can also assist you in effectively handling cases where third-party liability may be involved, ensuring that all potential sources of compensation are explored.
Find out more about how we can help with your claim by scheduling your free consultation today.
References
Machinery involved in 58 percent of work-related amputations in 2018 : The Economics Daily: U.S. Bureau of Labor Statistics. (n.d.). www.bls.gov. https://www.bls.gov/opub/ted/2020/machinery-involved-in-58-percent-of-work-related-amputations-in-2018.htm
Montana Occupational Injuries & Illnesses 2020 REPORT . (n.d.). https://erd.dli.mt.gov/_docs/research/oshs-research/MT-SOII-Report-2020.pdf
