Union Amputation Lawyer
Workplaces have a responsibility to provide safe conditions for their employees. When an accident occurs, that responsibility extends to providing benefits for workers who are injured on the job. A Union amputation lawyer has the expertise and understanding to provide you with advice and representation if you have undergone a workplace injury that resulted in limb loss.
This life-altering injury will require ongoing medical care and serious adjustments to your day-to-day environment. Getting the compensation you deserve can help ease the financial burden of these costs. Our workers’ compensation attorneys are ready to help.
Employers Must Compensate When Negligent
In New Jersey, the Workers’ Compensation Act legislates mandatory coverage for workers who are injured in the course of their professional duties if the employer is found to be negligent. The law allows for both actual negligence (such as violating safety standards or failing to provide adequate safety equipment) and lawfully imputed negligence (a negligent act by someone else for whom the employer was responsible).
In establishing that the injury was relevant to the employer’s responsibility, the law considers two elements: natural cause and proximate cause.
Natural Cause
Demonstrating that a negligent act was the natural cause of an injury means that the injury was a logical outcome of the given situation. For example, if someone lost a hand in a piece of equipment that was missing a required safety guard, the injury is clearly and logically connected to the negligence.
Proximate Cause
Likewise, a negligent act is the proximate cause of an injury when there is clear linkage in the chain of events between the act and the injury. In the above example, the failure to install the required safety guard is a proximate cause of the worker’s loss of a hand because the incidents are linked in a single chain of events.
An attorney in Union could review an amputation case to determine whether these two elements are present.
Amputation is a Scheduled Loss
Under state law, certain kinds of injuries are scheduled losses, which means that an occurrence will result in payout — based on weekly compensation — for a predetermined number of weeks. These scheduled losses include amputations. There are a wide variety of losses and their corresponding time period, such as loss of an arm (330 weeks), a leg (315 weeks), vision in an eye (200 weeks), and a tooth (4 weeks per tooth).
This schedule also includes details for partial amputation and loss of function. A lawyer in Union could help a person understand the schedules and compensation amounts for an amputation.
These payments are part of workers’ compensation, and someone entitled to them does not have to file a lawsuit in order to receive payments.
Reach Out to an Amputation Attorney in Union
While the legislation is set up to provide clear compensation without the need for a lawsuit in the case of amputations, a Union amputation lawyer could still be incredibly helpful in moving through the process. A lawyer could help by ensuring all paperwork is filed properly and with respect to each party involved. This can be especially helpful when a situation gets complex and involves union representatives, third-party liabilities, and long-term disability.
A lawyer could also help gather all necessary medical records and evidence to put forward the strongest possible claim. If the claim is denied, a lawyer could help appeal the denial and represent their client at hearings. An attorney who is well-versed in unionized workplaces will be able to deftly coordinate with a union representative to ensure all job protections and benefits are fully considered as well.
Our attorneys could help you navigate the aftermath of a life-altering injury like limb loss. Call today to schedule a consultation and get started.