Workers’ Compensation for Severed Limbs & Amputations In Wisconsin
The loss of an arm, leg, hand, foot or digit can change every part of your life. You may need surgery, therapy and a prosthetic device. You may also be unable to return to the job you once performed.
Domer Law, S.C., helps injured workers seek the full benefits available under Wisconsin law. A skilled Wisconsin work amputation lawyer from our team can review your medical care, disability payments and future work options.
How Wisconsin Values A Lost Limb Or Digit
Wisconsin uses a “schedule of benefits” for certain permanent injuries. These are known as scheduled injuries, and each body part is given a value, as defined by the legislature.
The schedule gives each body part a set number of weeks of permanent partial disability (PPD) benefits. An arm (500 weeks), hand (400 weeks), leg (500 weeks), foot (250 weeks), and fingers and toes each have a different value. The amount may also change based on the level of the amputation. For example, an amputation at the level of the knee versus closer to the hip carries different values.
A Wisconsin severed limb workers’ comp claim may depend on:
- Which body part was lost
- How much of the limb or digit was removed
- Whether the accident injured more than one body part
- The worker’s permanent disability rate (each year has different permanent partial disability rates)
These claims may look simple at first. However, the final amount can be hard to calculate when a worker has several injuries.
At Domer Law, we understand these complex rules. Our attorneys wrote the Wisconsin Workers’ Compensation Law textbook. Lawyers, judges and courts across the state use this book as a legal resource.
Coverage For Prosthetics And Ongoing Care
Workers’ compensation can cover 100% of the reasonable medical care linked to a work injury. For a loss of limb workplace injury in WI, this may include:
- Prosthetic devices
- Fittings and adjustments
- Repairs and replacements
- Physical therapy
- Rehabilitation
- Ongoing maintenance
This care may continue for life. Importantly, there effectively is no statute of limitations under Wisconsin law for amputations caused by a work injury–meaning the worker’s compensation insurance company is responsible for lifelong medical care. Your claim should address future needs, not only the first prosthetic device or round of therapy. Additionally, the worker’s compensation carrier may be responsible for home modifications, car modifications, or durable medical equipment (like a wheelchair, cane, and assisted devices).
Help Moving Into A New Career
A traumatic amputation may prevent a machinery operator, carpenter, operating engineer, assembler or delivery driver from returning to the same type of work. In that case, vocational retraining benefits may help. If a traumatic amputation prevents a return to a worker’s job or career, the worker’s compensation insurance company should be responsible to retrain a worker and restore their earning capacity. This includes payment for tuition/books, ⅔ of wages during any week in school, meals, and mileage.
Workers who cannot return to work following an amputation should apply for services with the Division of Vocational Rehabilitation (DVR). The DVR can develop an academic plan for employment. Many times, a worker may need an experienced attorney to assist in discussing how the process works and to advocate for getting the retraining benefits.
We can pursue a retraining claim as part of the workers’ compensation case. Benefits may help pay for school, job training and other services needed to enter a new field.
Mental Health Care
Amputations can take a severe emotional toll on a worker. While worker’s compensation does not provide any benefits for pain and suffering damages, if a worker with an amputation needs mental health care, that medical care absolutely is necessary and the medical treatment is payable by the worker’s compensation insurance company. If there is any psychological diagnosis (like PTSD, post-traumatic stress disorder) as a result of the injury, a worker can have claims for permanent partial disability or even a loss of earning capacity if there are permanent psychological restrictions.
It remains extremely important for a worker with an amputation injury to get the necessary mental health care they need following a traumatic accident. If the worker’s compensation carrier is not allowing this treatment, an attorney can and should assist.
Talk With Domer Law About Your Future
An experienced Milwaukee amputation workers’ comp attorney can review your PPD benefits, medical coverage and retraining options. We serve injured workers in Milwaukee, Waukesha and throughout the entirety of Wisconsin. Contact our office at 888-353-8384 or via email to learn how we can help protect your long-term financial stability.