Common Causes of Amputations in the Workplace

The workplace is a dynamic environment where safety and efficiency must go hand in hand. However, unforeseen incidents can disrupt lives, leading to challenges that extend far beyond the immediate physical impact. Navigating these situations requires a clear understanding of the factors involved and the resources available to move forward.

In this blog, we delve into an issue that underscores the critical importance of workplace safety and the steps necessary to support those affected by life-altering events. For experienced legal support, contact New York amputation injury lawyers today.

U.S. Workplace Amputation Injury Statistics

The OSHA Annual Report on Severe Injuries for 2022-2023 provides critical insights into workplace amputation statistics, revealing a concerning trend in occupational safety. In the period covered, an average of 27 workers per day experienced severe workplace injuries, including amputations, across various industries in the United States.

The report indicates that from 2015 to 2021, there were 18,559 reported amputations, with many of these incidents necessitating inpatient hospitalization. Notably, the data highlights that 5,049 of these amputations were severe enough to require hospitalization, underscoring the gravity of such severe injuries.

The report, created as part of ongoing efforts in health administration OSHA practices, emphasizes the importance of stringent reporting requirements established by OSHA, which mandates employers to report any work-related amputation within 24 hours. This proactive approach aims to enhance workplace safety by facilitating inspections and interventions in high-risk environments, ultimately striving to reduce the incidence of these life-altering injuries in the workforce.

New York Workplace Amputations Data

In New York State, the Bureau of Labor Statistics reported 138,900 nonfatal occupational injuries and illnesses in the private sector for 2022, with an incidence rate of 2.3 cases per 100 full-time workers. While specific data on amputations in New York is limited, machinery-related injuries remain a significant concern. In New York City alone, 44% of machinery-related injuries in 2022 resulted in amputations. These statistics underscore the critical need for stringent safety protocols and comprehensive training to prevent such devastating injuries.

How Work-Related Amputation Accidents Happen: Top 4 Reasons

Workplace amputation accidents are often preventable yet devastating, leaving lasting physical and emotional impacts on workers. Understanding the common causes of these injuries is essential for creating safer environments and reducing the risk of such life-altering events.

Hazardous Machinery and Equipment

Heavy machinery contributes significantly to workplace amputation accidents, particularly when proper safeguards are not in place. Machine entanglement, where clothing, jewelry, or body parts get caught in moving parts, is a common cause of these injuries. Equipment used for processing materials like wood and metal poses a high risk, often leading to severe complications such as tissue damage and amputation.

Pre-Existing Medical Conditions

Pre-existing medical conditions, like peripheral vascular disease, can exacerbate the severity of workplace injuries, increasing the likelihood of amputation and complicating recovery efforts. Workers with such conditions may require additional protective measures and modified work arrangements to ensure their safety.

Improper Use of Tools and Lack of Training

The misuse of power tools, inadequate training, and insufficient occupational safety measures, such as missing emergency stop mechanisms or neglected lockout/tagout protocols, are preventable factors that contribute to amputation incidents.

The Jacob D. Fuchsberg Law Firm secured a $7,000,000 settlement in a case where a worker suffered severe burns from using an angle grinder on an uninspected gas tank, and represented another worker who suffered hand amputation after being directed to remove safety guards from an industrial meat blender. These cases demonstrate how proper training and adherence to safety protocols are crucial for preventing devastating workplace injuries.

High-Risk Industries

Industries such as manufacturing, construction, and meat processing are particularly prone to workplace amputations. These sectors often involve hazardous tasks and environments, emphasizing the need for stringent safety protocols and thorough employee training to prevent life-altering accidents.

Employers can protect their workers and significantly reduce the occurrence of these severe injuries by enforcing safety measures, providing proper training, and addressing industry-specific risks. But if they failed and you or a loved one has suffered a workplace amputation, Jacob D. Fuchsberg Law Firm works with cases like yours to secure fair compensation.

Types of Amputation Injuries

Amputation injuries can vary widely in severity and impact, depending on the body part and extent of the removal. Below are the most common types of amputations and their specific effects on daily life:

• Shoulder disarticulation: The arm is entirely removed at the shoulder joint.
• Partial hand amputation: Involves the removal of one or more fingers or parts of the hand, affecting dexterity and grip.
• Partial foot amputation: Includes the loss of toes or a section of the foot, impacting balance and mobility.
• Ankle disarticulation: The foot is removed at the ankle joint, often requiring prosthetic support for walking.
• Hip disarticulation: Involves the removal of the entire leg at the hip joint.
• Below-the-knee amputation: The leg is removed below the knee joint, allowing for improved prosthetic function compared to above-the-knee amputations.
• Above-the-knee amputation: The leg is removed above the knee joint, often presenting greater challenges for mobility and prosthetic adaptation.

Compensation Available for Workplace Amputation Cases

Employers are required by law to provide a safe working environment, minimizing risks such as amputation hazards. Despite these requirements, workplace accidents can still occur, sometimes leading to severe injuries like amputations. Companies must maintain proper insurance coverage and comply with OSHA regulations to ensure adequate protection for their workers.

While employees generally cannot sue their employer, they may be eligible to file personal injury claims against third parties, such as manufacturers of defective machinery, subcontractors, or suppliers, if negligence played a role in the injury. Factors like medical expenses, lost wages, and pain and suffering are often considered when determining the value of amputation claims, ensuring that victims receive fair compensation for their injuries and losses.

What to Do Following an Amputation Injury

In the aftermath of an amputation injury, taking the right steps can significantly influence recovery, overall health, and long-term outcomes. The following steps outline essential actions to take after an amputation injury:

• Seek immediate medical attention: Time is critical following an amputation. Call emergency services or get the injured person to a hospital as soon as possible. Swift medical intervention can reduce complications, improve the chances of saving the limb, and establish a clear record of the injury.
• Control bleeding: To prevent excessive blood loss, apply firm pressure to the wound using a clean cloth or bandage. Elevate the injured area if possible to slow the bleeding and maintain blood flow to surrounding tissues until medical professionals arrive.
• Preserve the amputated limb: If the severed limb or body part is retrievable, it must be preserved properly to maximize the chances of reattachment. Wrap it in a clean, damp cloth, place it inside a sealed plastic bag, and then put the bag in a container with cold water. Ensure the limb does not come into direct contact with ice, as frostbite can damage tissues further.
• Inform supervisors/employer: Report the incident to your employer or supervisor immediately. Proper documentation is essential for workers’ compensation claims, workplace safety reviews, and legal proceedings if needed.
• Avoid shock: The injured person may go into shock after such a traumatic event. Keep them warm, calm, and reassured until emergency help arrives.
• Get emotional and psychological support: Amputations are life-altering injuries that can have a profound emotional impact. Seek support from a mental health professional, family, or friends to process the psychological effects and adjust to lifestyle changes.
• Document the incident: If possible, ensure photographs of the site and injury are taken, and witness accounts are recorded. This documentation can be crucial for workplace investigations and future claims.

It’s important to act promptly and remain as calm as possible to provide the best support to the injured individual.

Statute of Limitations for Workplace Amputation Cases in New York

In New York State, workers have strict time limits for filing amputation injury claims.

• For workers' compensation claims, employees must notify their employer within 30 days of the accident and file a claim with the New York State Workers' Compensation Board within two years of the injury date.
• For third-party personal injury lawsuits related to workplace amputations, victims generally have three years from the date of injury to file their claim under New York Civil Practice Law & Rules § 214.

However, if the amputation injury resulted from exposure to toxic substances or defective products, different deadlines might apply under the discovery rule, which starts the clock when the injury was discovered or should have reasonably been discovered.

• Claims against municipal entities require filing a Notice of Claim within 90 days of the injury and initiating the lawsuit within one year and 90 days.

Failing to file within these prescribed timeframes typically results in the loss of the right to pursue compensation, making it crucial for injured workers to seek legal counsel promptly after a workplace amputation injury.

Our Successful Lawsuits for Severe Injuries

A perfect example of what the Jacob D. Fuchsberg Law Firm can do is the case of a 21-year-old construction worker who sustained severe injuries while unloading steel rods from a flatbed truck. The unsecured load of rebar fell, crushing the worker's legs and causing permanent knee and ligament damage. He underwent multiple surgeries, including a bone graft and femoral rod replacement.

Leveraging New York Labor Law, the firm filed claims against the trucking company, its driver and owner, the subcontractor managing the rebar installation, and the site’s general contractor. We won a $1.45 million settlement for the client, which provided compensation for lost wages, pain, and long-term disabilities, offering the client critical financial support for his recovery and future.