Torrance Workplace Amputation Lawyer

Amputations are some of the most devastating injuries a person can face in many ways. The initial injury is typically excruciatingly painful, often so much so that the victim will lose consciousness and/or go into shock. Any injury severe enough to cause amputation likely involves profuse bleeding, and this can be life-threatening if the victim does not receive immediate medical attention. Unfortunately, it’s possible for amputating injuries to occur in various workplaces, from factories and refineries to construction sites or even from severe vehicle accidents.

Helping Torrance, CA, Workers Recover From Amputation Injuries in the Workplace

Losing a limb is psychologically damaging as well as physically debilitating. Victims not only contend with ongoing pain and suffering from these experiences, but psychological harm can lead to a host of adverse effects, including anxiety disorders, depression, and more. It’s also possible for an amputation to cause “phantom limb syndrome,” a psychological condition characterized by pain sensations that seem to be within the lost limb, and there is no physical relief for the victim with this condition.

If you or a family member recently suffered an amputation injury at work, it is vital to know what you can do to recover as fully as possible from the incident. Pratt Law Corporation excels at handling difficult workplace injury claims and guiding clients through the workers’ compensation claim process. We have also helped many past clients secure even more expansive compensation for catastrophic injuries through personal injury claims. Whatever your situation may entail, you can rely on the team at Pratt Law Corporation to provide the compassionate legal representation you need to recover as fully as the law allows.

How to File a Workers’ Compensation Claim in Torrance

The workers’ compensation claim process may seem simple enough at first, but many injured workers face unexpected complications when it comes to filing their claims. Almost every employer in the state is legally required to carry workers’ compensation insurance coverage, and employers have several other legal responsibilities when it comes to addressing injured workers’ claims for benefits. Unfortunately, not all employers meet these requirements, and some intentionally interfere with their injured workers’ claims for financial reasons.

Your employer is required to create a formal incident report of your workplace injury as soon as it occurs, detailing how it happened, the steps taken to address the injured worker’s needs, and all other relevant details of the incident. They are also required to give the injured employee the forms and other materials needed to file their claim for benefits. If the employer fails to meet these obligations or refuses to uphold their legal responsibilities, they can face a host of penalties.

If your employer fulfills their obligations as required, the insurance company may still pose problems to the injured worker, even if their injury is clearly covered. Insurance companies tend to look for all the reasons they can find to offer the smallest claim settlements possible or deny claims whenever they can. Your Torrance workplace amputation injury attorney will be invaluable for securing the best results possible from your claim.

Benefits Available for Amputation Injuries in Workplaces

Injured workers can generally expect to receive two forms of benefits through workers’ compensation. First, the insurance company will cover the cost of all the medical care they require to heal completely from their injury. This includes immediate emergency medical expenses, any ongoing treatment costs they face in the future, and the cost of any therapies necessary for managing their symptoms. Due to the severity of an amputation, the victim is likely to need extensive medical care both immediately following their injury and in the future. Ideally, the workers’ compensation insurance carrier will cover all of these expenses.

Second, the injured worker should receive disability benefits, and most workers can receive these benefits for up to 104 weeks. These benefit payments can be spread out over a period of up to five years if necessary, and some claimants may qualify for extended benefits. In most workers’ compensation cases, injured employees can continue receiving benefits until they can return to work. However, an amputation typically means permanent disability, and temporary disability benefits will only cover a portion of their total lost earning capacity.

Most insurance carriers strive to avoid paying permanent disability benefits by offering large lump sum settlement offers. However, it is best to consult your Torrance workplace amputation injury attorney to determine whether this type of arrangement would be best for your situation.

When to File a Personal Injury Claim for an Amputation Injury

A majority of the personal injury claims filed each year generate from acts of negligence or failure to act with reasonable care. The state’s workers’ compensation laws typically prevent injured workers from pursuing civil action against their employers for their workplace injuries, but there are some exceptions to this rule. For example, if your employer does not have workers’ compensation insurance coverage as required by law, they can face severe penalties along with liability for your damages. It is also possible to have grounds for a claim against a third party if someone outside of your work caused your amputation injury.

A Torrance workplace amputation injury attorney is the ideal resource to have on your side if you need to pursue legal recourse outside of the workers’ compensation claim process. Your successful workers’ compensation claim can provide coverage for the medical treatment you require and compensate a portion of your lost income, but outstanding damages must be claimed in a personal injury case.

Damages and Compensation in Personal Injury Cases

California’s personal injury statutes enable the plaintiff of a personal injury suit to seek full compensation for any and all economic damages they suffered because of the defendant’s actions. When it comes to workplace injuries, the workers’ compensation claims the victim files can potentially cover the cost of all the medical care they require; they may also secure ongoing benefits that make up for their lost income. However, a personal injury claim can potentially help them recover the full scope of damages they suffered beyond what workers’ compensation provides.

An amputation is likely to require extensive medical care and ongoing rehabilitation. Some victims will require prosthetics, various forms of pain management, and psychological counseling to come to terms with their new circumstances. Workers’ compensation may pay for most, if not all, of these expenses, but any medical care the victim requires that is not covered by their employer’s insurance can be claimed through a personal injury suit. Similarly, workers’ compensation may only provide a percentage of their lost wages, even if they qualify for permanent disability benefits. A personal injury claim can enable them to recover the rest, including the lost future income they are no longer physically able to earn.

One of the most important aspects of a personal injury claim is the plaintiff’s ability to seek pain and suffering compensation from the defendant. Workers’ compensation does not provide this type of compensation, and the victim can only expect medical expense coverage and lost income. However, if they have the ability to file a third-party personal injury claim or any other type of civil suit, they can seek pain and suffering compensation with no upper limit.

The state does not place a cap on claimable pain and suffering damages except in medical malpractice cases. If you have grounds to file a personal injury claim for an amputation injury, the pain and suffering compensation you obtain could form the majority of your final case award. The best way to ensure an appropriate amount of compensation for your experience is to hire an experienced Torrance workplace amputation injury attorney as soon as possible after your condition stabilizes.

How Your Attorney Can Enhance Your Recovery

When you choose Pratt Law Corporation to assist you with your recovery from a serious workplace injury, you will have instant access to years of professional experience in workers’ compensation law. We also provide personal injury representation, so if you have grounds for a third-party personal injury claim or a civil suit against your employer, we can help you determine your optimal path to maximum recovery.

At the outset of every workplace injury case we accept, we take time to get to know our clients, listen to their stories, and help them determine the full scope of compensation they can potentially secure through their recovery efforts. We understand how devastating an amputation injury can be for the victim and their family. Catastrophic work injuries of this nature cause not only a host of immediate problems for those involved but also extensive legal proceedings and a very difficult recovery process. The sooner you reach out for legal counsel you can trust, the better your chances are of maximizing the compensation you secure for your injury.

Torrance Workers’ Compensation FAQs

Q: How Much Compensation Can I Receive Through Workers’ Compensation?

A: The average successful workers’ compensation claim will cover all of the medical care the claimant requires to fully heal from their injury; they should also receive up to two-thirds of their average weekly wages in ongoing disability benefits. The state limits these payments to two years or 104 weeks for most claimants, but this can be extended under certain circumstances. You could have legal grounds to seek further compensation, so it’s best to consult an experienced attorney to get an accurate estimate of the total potential value of your claim.

Q: How Much Pain and Suffering Compensation Can I Receive for an Amputation?

A: When workers’ compensation is your only option for recovering from a workplace amputation injury, this insurance coverage does not compensate for pain and suffering. However, if you are able to file a third-party personal injury claim or a civil suit against your employer, there is no limit to the amount of pain and suffering you can seek from the defendant. Amputation injury claims tend to generate substantial pain and suffering for plaintiffs due to the severe physical and psychological effects these injuries can have.

Q: Will a Defendant Go to Jail for Causing an Amputation?

A: If a specific party caused your amputation injury through intentional misconduct of any kind, they could very likely face criminal charges from the state, depending on the scope and severity of their actions. However, if such an injury occurred because of simple negligence, then it is unlikely for the defendant to face prosecution. Your Torrance workplace amputation injury attorney can advise you as to whether the defendant’s actions and potential prosecution could impact your recovery efforts.

Q: How Long Does It Take to Receive Workers’ Compensation Benefits?

A: It is always best to start the claim filing process for workers’ compensation as soon as possible after an injury. If you suffered a catastrophic workplace injury resulting in amputation, you would likely require intensive medical treatment immediately. Your employer must create an incident report of the injury, and you must file your paperwork as soon as possible for the best chance of securing the benefits you need as quickly as possible. When you have the right attorney handling your case, it should not take more than a few weeks to start receiving benefits.

Q: Do I Really Need to Hire a Torrance Amputation Injury Lawyer?

A: Technically, there is no legal requirement to hire representation for help with a workplace injury claim, but the right attorney can make a tremendous difference in the quality of your recovery and the ease with which you receive benefits. When you choose Pratt Law Corporation to assist you with your recovery efforts, we will do everything we can to maximize the compensation you receive from the claim, and we will help you determine if you have grounds for further legal recourse that may enhance your recovery.

Pratt Law Corporation is a leading choice for legal representation in workplace injury recovery efforts. We have cultivated a strong professional reputation in Torrance and the surrounding communities of California due to our commitment to client recovery and dedication to providing responsive and compassionate legal representation in every case we accept. Contact our team today to schedule your consultation with a Torrance workplace amputation injury attorney you can trust to guide you through all your recovery efforts.