Suffering from an amputation, loss of limbs or disfigurement while at work can greatly impact your life. Most members of the workforce know that if a worker is injured on the job, they are entitled to benefits for lost wages along with medical treatment related to the injury. It is unknown to some that there is a subsection of wage loss benefits, called “specific loss” benefits, that are payable to injured workers even if they do not miss any significant time from work after their injury. The law of specific loss workers’ compensation benefits can be confusing. Each individual case is unique and must be investigated in detail to determine the appropriate amount of compensation available to the injured worker
Specific loss workers’ compensation benefits are available for amputations or injuries resulting in the permanent “loss of use” of a certain body part “for all practical intents and purposes.” It is important to have an experienced and respected attorney representing you in order to protect your rights to workers’ compensation. At MM&D, our specific loss benefits attorneys will fight to get you the compensation you are entitled to by law.
“For all practical intents and purposes” is defined as a loss more severe than one that would allow the injured worker to use the injured body part in his or her employment. It does not mean the employee is permanently unable to ever use that body part. The conclusion of “loss of use” is a question of fact for a Workers’ Compensation Judge to determine and is presented through the testimony of the injured worker, doctors, physical therapists, family, and/or friends. The question of whether the loss of use is “for all practical intents and purposes” is also a question for the Judge to decide, but is based upon an interpretation of the law surrounding this types of claims. Therefore, it is essential to research both medical and factual information in regard to the injured worker’s ability to use the body part in question.
If you suffered an amputation or permanent loss of use of a body part while at work, you are entitled to receive weekly cash benefits for a specific number of weeks at two-thirds of your pre-injury average wages. You are also entitled to receive specific loss benefits in Pennsylvania even after you return to work. You may be eligible for additional benefits during a healing period associated with treatment of the amputation or loss of use, provided that you are not working during the healing period.
Contact one of our seasoned attorneys for a consultation today
If you were injured at work contact one of our experienced workers’ compensation attorneys for a consultation today at 610-891-8806.