The loss of a limb is one of the most catastrophic, life-altering injuries that any person can ever endure. It is painful, debilitating, and could force you out of the workforce. According to data from the Occupational Safety and Health Administration (OSHA), nearly 20,000 people suffer work-related amputations each year. At Smith & Jones Law, LLC, we have the experience to represent workers and families in even the most serious of accident claims. Within this blog post, our Lexington workers’ comp lawyer provides a guide to navigating an amputation in a workplace accident in South Carolina.
Background: Workers’ Comp Laws in South Carolina
As a starting point, employees need to understand that South Carolina operates a mandatory, no-fault workers’ compensation system. Virtually all employers with four or more employees must carry workers’ compensation insurance as a matter of state law. An injured worker does not need to prove employer negligence to recover benefits. Instead, the injured worker must only prove that the amputation arose out of the course and scope of their employment.
Workers’ compensation generally serves as the exclusive remedy against the employer. In exchange for no-fault benefits, the worker gives up the right to sue the employer in civil court. That tradeoff matters in catastrophic injury cases. Benefits for workers are limited by statute. Unfortunately, they do not fully account for long-term quality-of-life losses. Still, an amputee’s sole claim against his or her employer is generally a workers’ comp claim.
A Note On Third Party Liability Lawsuits: A workers’ comp claim is only an exclusive remedy against your own employer. If you suffered an amputation injury due to the negligence of any non-employer third party (driver, contractors, equipment manufacturer, etc), you have the right to hold them liable for the full extent of your damages through a personal injury lawsuit, including for your pain and suffering, long-term disability, and diminished quality of life.
Common Causes of Amputations from Workplace Accidents
Loss of limb injuries can occur in a wide range of different contexts, including many different workplace settings. Workplace amputations happen most often in high-risk industrial and construction settings. Some of the most common costs of on-the-job amputations include:
- Machinery Accidents. Unguarded or malfunctioning machinery can sever fingers, hands, arms, or legs in seconds. Conveyor belts, presses, saws, and industrial cutters present extreme amputation risks. Property safety precautions are a must.
- Crush Injuries: Heavy equipment, forklifts, falling materials, or collapsing structures can crush a limb beyond salvage. Unfortunately, a worker who suffers a crush injury may require a surgical amputation.
- Caught-In/Caught-Between Accidents: Limbs can become trapped between moving parts, rollers, or mechanical components. These accidents can cause traumatic amputations.
- Motor Vehicle Accidents. Work-related truck accidents, loading dock incidents, and equipment rollovers can result in catastrophic limb loss.
Loss of Limb Compensation in South Carolina
An important thing that injured workers should know is that amputations receive special treatment under South Carolina workers’ compensation law. Indeed, the statute includes a scheduled loss system that assigns a fixed number of weeks of compensation for the loss of specific body parts.
The loss of a hand, arm, foot, leg, or multiple digits carries a defined benefit period based on a percentage of the injured worker’s average weekly wage. That schedule controls baseline compensation even when the injury permanently alters the worker’s life. Wage replacement benefits generally equal two-thirds of the worker’s average weekly wage. Though it is subject to statutory caps.
Workers’ comp for loss of limb injuries also covers medical care. Under South Carolina state law, medical benefits must cover all reasonable and necessary care related to the amputation. That includes emergency treatment, surgeries, prosthetics, revisions, physical therapy, pain management, and future medical care. A victim who needs life-long medical care due to a workplace loss of limb will have that treatment covered by workers’ comp in South Carolina.
Severe amputations often support claims for permanent total disability. A worker who cannot return to any gainful employment may qualify for lifetime benefits. Disputes commonly arise over impairment ratings, work restrictions, vocational capacity, and future medical needs. Insurers frequently attempt to classify amputees as capable of sedentary work to limit exposure.
You Need a Lawyer for an Amputation at Work
Do not take on the workers’ comp claims system alone. An amputation case demands aggressive legal representation from a strong, experienced legal professional. The financial stakes are enormous. Unfortunately, employers and insurers often move quickly to control medical treatment, limit impairment ratings, and close files. They are focused on limiting their own losses.
Your Lexington, SC amputation attorney can protect you at every stage of the claims process. Along with other things, this includes preserving evidence, securing appropriate medical specialists, challenging improper impairment ratings, and developing proof of permanent disability. Counsel also evaluates whether a third-party claim exists and coordinates parallel cases without jeopardizing workers’ compensation benefits. An experienced South Carolina workers’ compensation lawyer is essential to protect long-term medical care, income security, and the injured victim’s future.
Why Workplace Amputees Trust Smith & Jones
An amputation is one of the most serious, catastrophic injuries that any person can ever suffer. Amputees need immediate medical attention, the proper ongoing care, and all available financial resources. At Smith & Jones Law, LLC, we handle the most serious of catastrophic workplace accident claims. With a proven record of case results, our Lexington work injury lawyer provides free, confidential, and no obligation initial consultation to workers and families.
Contact Our Lexington Workplace Accident Lawyer Today
At Smith & Jones Law, LLC, our Lexington workplace accident attorney has the knowledge, skills, and experience to handle catastrophic injury claims. If you or your loved one suffered a loss of limb injury in an accident, we can help. Call us now or contact us online for a free, no obligation initial consultation. With a law office in the 29072 zip code of Lexington, we handle workplace accident cases all across the state, including in 29071 and 29073.