Have you lost part of you body due to a work accident?
Some injuries require amputation to save your life, and the process after the procedure can be extremely stressful. It takes time to get used to the loss of a body part, and the road certainly isn’t easy. Under Illinois law, you are entitled to a strong compensation claim. It may be hard to deal with one more thing, but your claim has to be filed right away. If you are not receiving the payment you are entitled to, then it’s time to call a workers’ compensation law attorney.
If your arm was amputated below the elbow, you are entitled to:
- 253 weeks or more (almost 5 years) of Permanent Partial Disability (PPD) payments to help make up for lost income
- 2/3rds (about 67%) of your average paycheck before the accident
If the arm was lost above the elbow, you also can receive:
- 17 extra weeks of payments (about 4 months)
If the arm was lost at the shoulder joint, you also can receive:
- 70 extra weeks of payments (more than 1 year and 4 months)
When you lose your arm on the job, all of your relevant medical expenses should be covered. Research says that the average maximum compensation in Illinois for loss of an arm was $439,898. This is much higher than the national average of $169,878. You may be entitled to large payments for your amputated arm.
If you can’t return to your previous type of work, you may be entitled to vocational rehabilitation, or job training for work. If you qualify, insurance must cover job training and help guarantee future job opportunities based on your needs.
Like arm amputations, if you lose a hand you are entitled to:
- 205 weeks of Permanent Partial Disability (PPD) payments
When part of the hand is lost, Illinois law says:
- 4 fingers lost on one hand = 100% loss (considered the same as entire hand)
- 2 or more fingers lost = partial loss (payments depend on which fingers lost)
Finger and Toe Amputation
The amputation of fingers and toes are separated into two categories based on how many knuckles are lost.
- 50% loss = amputation required at the first knuckle
- 100% loss = more than one knuckle amputated
The number of weeks of PPD payments is distributed as follows:
- Thumb: 76 weeks
- Index finger: 43 weeks
- Middle finger: 38 weeks
- Ring finger: 27 weeks
- Little finger: 22 weeks
- Great toe/“Big Toe”: 38 weeks
- Other toes: 13 weeks
The maximum payment is different for each digit, but Illinois compensation is far above the national average. For example, when a thumb is lost, Illinois provides (on average) up to $103,496 in financial assistance compared to the national average of $42,432.
Depending on where the amputation occurred, PPD payments vary:
- Amputation below the knee: 215 weeks of payments
- Amputation above the knee = payments extended an additional 27 weeks
- Amputation at the hip joint = payments extended an additional 81 weeks for recovery
If your foot has been amputated in a workplace accident, you are entitled to 167 weeks of PPD. If the entire foot isn’t removed, the injury can still be considered amputation if enough bone leading to the ankle is involved. Just like with hand injuries, the details of the injury can mean very different payment plans. It’s important to consult a legal professional who can help you get the right settlement.
If you’ve recently undergone an amputation, and you feel you’re not receiving proper compensation, contact Jack Epstein or give the Epstein firm a call at 773-522-7000. With more than 20 years experience in workers’ compensation law, Jack Epstein can get you the compensation you deserve.
This post is also available in: Spanish