Workplace amputations are one of the most devastating injuries a worker can suffer. Most workers who suffer an amputation at the workplace properly seek relief from their employer’s Workers’ Compensation policy to cover lost wages and medical expenses. However, there may be additional compensation available if the amputation was caused by a defective product such as a saw or machine. In this situation, an amputation lawsuit can be pursued against the manufacturer of the product that caused your injury.
The Minnesota amputation attorneys at GoldenbergLaw have been representing workers who have suffered amputations on the job for over 37 years. We understand the complexity of workplace amputation lawsuits and will work with your Workers’ Compensation attorney to ensure you receive the compensation you deserve for your injury. Contact us today for a free workplace amputation injury lawsuit consultation.
Pursuing A Lawsuit Against The Manufacturer
If a workplace amputation was caused by a defective product, the worker who suffered the amputation may be able to file a lawsuit against the product manufacturer. This can be done in tandem with a Workers’ Compensation case. A common misconception is that a worker can only have a Workers’ Compensation case OR a lawsuit against the product manufacturer. This is not correct. Both cases can proceed at the same time to maximize the compensation available to the injured worker.
Cases against the product manufacturer are often called third-party liability claims. A successful third-party product liability claim must prove that the product manufacturer is more responsible for the worker’s injury than the employer and the worker who suffered the injury. If the defective product was used properly and not adulterated against manufacturer’s instructions, the injured employee could file a claim against the manufacturer.
Defective workplace products that can cause amputations include:
- Industrial Saws
- Table Saws
- Augers
- Power Presses
- Hydraulic Presses
- Plastics Machinery
- Food Slicers
- Meat Grinders
- Moving parts such as belts, pulleys, flywheels, chains, and gears
how Is The Manufacturer Liable For An Amputation?
Manufacturers have a duty to sell a product that is reasonably safe. That starts with designing a product that protects the user from potential hazards. Any hazards should be identified at the design stage and eliminated or controlled with safety mechanisms. If a hazard is not eliminated or controlled, it places the user at an increase risk of injury or even death. The manufacturer could then be liable for any injury that occurs from the uncontrolled hazard.
Common hazards we see in machines and tools that cause workplace amputations include:
- Lack of Proper Guarding: Tools and machines are required to have guards secured to the machine that protect the user from placing any body part in the danger zone.
- Lack of Emergency Shutoff: Machines should have an emergency shutoff device that triggers in the event the operator’s body part comes in contact with the point of operation.
- Lack of Anchor: Any machine or tool that is meant to be used in a fixed location must be securely anchored to prevent the machine from moving while in use.
Workplace Amputations: By The numbers
The most recent workplace amputation statistics published by the U.S. Bureau of Labor Statistics are from the year 2018. Those statistics specifically analyze amputation injuries that required missed days from work. Not surprisingly, the statistics show that 3,580 workplace amputations, or 58 percent of all workplace amputations in 2018, were caused by machinery. The machinery that caused the most amputation injuries were metal, woodworking, and special material machinery. These machines caused 46 percent of all machine-related workplace amputations in 2018.
Amputations By Source of Injury
Amputations By Types of Machinery as Source of Injury
Source: U.S. Bureau of Labor Statistics
Workplace Amputations: The Damages
An amputation is a debilitating injury. Amputations can make tasks that were once completed without thinking seem impossible. Daily tasks as basic as cooking, cleaning, walking the dog, and driving cannot be completed without special modifications or assistance. Hobbies such as gardening, playing sports, card games, and video games often require modifications that take away much of the joy those activities once brought. Sadly, many people who suffer amputation injuries often experience depression and other mental health issues as they adjust to their new normal.
In addition to the devastating impact an amputation has on day-to-day life, amputation injuries also cause significant medical expenses and wage loss.
Medical Expenses: The cost to treat an amputation injury can be astronomical. Amputations of arms or legs can require extended hospital stays to ensure the injury properly heals without complications. Common complications for amputation injuries include infections, muscle weakness, joint instability, and pain. These complications can require long-term medical treatment and additional surgeries.
Wage Loss: Workers who suffer an amputation at the workplace rarely go back to work right away. Many will miss days or weeks of work as they heal from the trauma of their amputation. This can lead to significant wage loss. Sadly, loss of earning capacity can be permanent if the amputation injury takes away the worker’s ability to return to their previous role.
Minnesota Workplace Amputation Lawyers
GoldenbergLaw has been representing workers injured by defective products for nearly four decades. Our Minneapolis Amputation Lawyers have the experience you need to pursue a lawsuit against the manufacturer of the defective product that hurt you. We have recovered millions of dollars in settlements for clients who have been injured by defective products in the workplace. Contact us today to discuss your workplace amputation lawsuit.