Amputation at Work – A Guide to Claiming Compensation

If you’ve lost a limb at work, you could have grounds to claim amputation compensation from your employer for both the suffering you’ve endured and any that will follow. In this article on work-related amputation claims, we explore how the claims process works and answer some of the most common questions about amputation claims.

We can help if you’ve suffered an amputation at work through no fault of your own. By calling our legal advisors, you can receive free legal advice as part of a no-obligation case review. Additionally, you could be connected with an accident at work solicitor if your claim is strong enough. If that happens, your claim will be managed on a No Win, No Fee basis to make things easier and less stressful.

You can request your free consultation by:

• Calling 0333 241 2519 to speak to a specially trained member of our team.
• Connect to our free live chat service.

Getting prompt legal advice after losing a limb at work can significantly enhance the chances of being compensated for your pain, suffering, and financial losses incurred due to the amputation.

Can I Claim Compensation for an Amputation at Work?

The Health and Safety at Work Act 1974 places a legal duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees at work. As such, they generally need to:

• Ensure workplace equipment, machinery, and tools are properly maintained and safe to use.
• Train you adequately on workplace health and safety.
• Assess the workplace for risks regularly and try to remove any dangers identified.
• Provide forms of personal protective equipment (PPE) where other safety measures can’t be implemented.

If their failure to comply with health and safety regulations led to your amputation injury, you could claim compensation if you can prove:

The criteria that will need to be proven if you wish to claim for a workplace amputation are:

• Your employer owed you a duty of care (which they generally do under health and safety law).
• They breached that duty through negligence (i.e. unsafe machinery, lack of PPE, or inadequate training).
• That breach caused an accident in which you suffered an amputation.

Our team has experience handling workplace amputation claims, so please contact us now for your free initial consultation.

What Types of Negligence Can Lead to an Amputation at Work Claim?

There are several ways an employer’s negligence could lead to an accident that results in the amputation of a limb or digit. Here are some common examples:

• Unguarded machinery: If your employer failed to install or maintain proper safety guards on industrial equipment and your hand was crushed in the machinery, resulting in amputation.
• Lack of PPE: Where your employer did not provide suitable protective gloves or footwear and you suffered a traumatic injury leading to the loss of a finger, hand, or toe.
• Poor training: If you weren’t properly trained on how to operate dangerous machinery or tools and suffered an accident that led to an amputation.
• Accidents involving vehicles: For instance, if a reversing forklift truck ran over your foot in a warehouse with no proper traffic management system in place, causing a crush injury that required amputation.
• Falling objects: Where you were struck by a heavy, falling object, severely injuring a limb and leading to surgical amputation.
• Electrical accidents: If your employer failed to maintain electrical tools and you suffered a severe electric shock that resulted in the amputation of part of your body.

If your amputation happened because your employer failed to follow proper health and safety procedures, and you can prove it, we could help you start a compensation claim for your injury.

What Should I Do If I Suffer an Amputation at Work?

If you lose a limb or digit at work, some of the steps that must be carried out include:

• Go to A&E or call 999 if emergency care is required.
• Tell your employer about your amputation as soon as it’s feasible to do so.
• Make sure the accident is logged in the company’s accident report book. You have the right to request a copy of the report.
• Cooperate with any Health and Safety Executive (HSE) investigation if they look into the circumstances of your amputation.

Not only will these steps allow your employer to learn lessons that could prevent similar incidents in the future, but they could also provide some of the evidence needed to substantiate your amputation claim.

What Evidence Can Be Used for Amputation Compensation Claims?

If an accident-at-work solicitor offers to help you claim compensation for an amputation at work, they’ll want evidence to prove your case. Some typical examples might be:

• Photographs of your limb or digit post-operation, plus pictures of the cause of your accident at work.
• Medical records from the hospital that treated you to prove your diagnosis.
• A copy of the HSE investigation into how your accident occurred.
• Witness statements from anyone present when the accident occurred.
• Your copy of an accident report form to help prove where you were injured.
• CCTV or cameraphone footage of the incident.

During your free consultation, we can consider any evidence you already have to see if it strengthens your claim. If your case is accepted, your solicitor may collect further evidence where needed.

How Long Do I Have to Claim Amputation Compensation?

In the UK, personal injury claims are generally subject to a 3-year time limit. For amputations that are immediately apparent, this period usually starts from the date of the accident.

Under the Limitation Act 1980, if you try to begin a claim after this 3-year deadline, it may be statute-barred, meaning you could lose the right to claim compensation.

Although three years may sound like plenty of time, several important steps need to be completed before a claim can be submitted. That’s why it’s often best to seek legal advice from an accident-at-work solicitor as soon as possible, to give them enough time to get evidence, arrange medical reports, and build a strong case.

How Much Compensation for an Amputation at Work?

If your amputation claim is successful, you’ll be awarded compensation. This can be formed of general damages to cover your suffering and special damages to cover the financial implications of your amputation.

To put a value on your amputation claim, your solicitor will use your medical records and arrange an independent medical assessment. A specialist will examine your injury and spend some time asking how the amputation has affected your work, life and relationships.

Your solicitor will use all of the evidence available to them and might use figures from the Judicial College Guidelines (JCG) to determine how much compensation you might be able to claim.

Examples of special damages that could be awarded in amputation claims include:

• Loss of earnings (and future losses if your amputation reduces your ability to work).
• Medical costs including the cost of prosthetics.
• The cost of adapting your home or vehicle so that you can cope better with your amputation.
• The cost of support or care at home.

To see how much amputation compensation you could be awarded, please call our legal advisors.

Can I Claim Compensation for Mental Trauma?

Put simply, the amputation of a limb or digit can be very traumatic. It can lead to anxiety, distress and even post-traumatic stress disorder at work. Additionally, the reduction in the ability to function can lead to depression and mood disorders.

As such, this type of suffering could all be considered in your amputation claim. Of course, any psychological injuries will need to be diagnosed by a medical professional if you’re to be compensated for them. Therefore, your solicitor will use medical reports to verify your claim where required.

What if I’m Not a Full-Time Worker?

An employer’s legal duty to protect the health and safety of their workforce isn’t limited to full-time staff. It also extends to contractors, agency workers, zero-hours staff, consultants, and even the self-employed in many cases.

So, regardless of your employment status, if you’ve lost a limb or digit at work and believe your employer failed in their duty of care, get in touch with our legal advisors for a free assessment of your options.

Will I Need a Solicitor to Claim Compensation for an Amputation at Work?

It is perfectly acceptable to begin a personal injury claim against your employer on your own. However, the claims process won’t always be straightforward and you might find it difficult to a) win the claim and b) secure a fair level of compensation.

If you work with a specialist accident-at-work solicitor, their legal training and experience could increase your chances of winning the claim and ensuring that you are paid the right amount of damages.

If a solicitor from our panel takes your amputation compensation claim on, you’ll benefit from a No Win, No Fee service. As a result:

• No fees for your solicitor’s services are paid upfront.
• You don’t pay for your solicitor’s efforts if the claim is lost.

For more on how No Win, No Fee work-related amputation claims work, please call us now.

How Long Do Amputation Compensation Claims Take?

As each personal injury claim is unique, it’s difficult to put an exact time on how long your amputation at work claim will take, but we can offer some guidance.

For instance, if you lost the tip of your finger and you’ve fully recovered, it could take 6 months, give or take, to receive compensation if your employer agrees that they were liable.

On the other hand, if you lost a leg in an accident at work and it’s not yet fully clear how you’ll recover after rehabilitation, it may take more than a year for the claim to be settled. However, if your employer has accepted liability, interim payments might be awarded to help you cope with lost earnings and other expenses while the claim is progressing.

Contacting Us About an Amputation at Work Claim

To talk with us about your chances of receiving compensation for an amputation at work, you can:

• Call 0333 241 2519 to speak to a legal advisor.
• Make use of our 24/7 online chat service.

We’ll provide free legal advice in the initial consultation to assess your options. If an amputation claim against your employer appears feasible, we may connect you with an accident-at-work solicitor to work on your case on a No Win, No Fee basis.