McConway & Torley

Workers who suffer amputations on the job are generally entitled to workers' compensation benefits covering all medical treatment, prosthetics, rehabilitation, and a portion of lost wages. Many states also provide scheduled permanent disability benefits for the loss of a limb or digit, a fixed payment based on the specific body part affected. In cases where employer negligence was egregious or equipment was defective, a personal injury lawsuit against a third party (the equipment manufacturer) may be possible in addition to workers' comp. An attorney specializing in workers' compensation can advise on available options. Report the injury to OSHA at 1-800-321-OSHA within 24 hours.

After an employer reports a severe injury, OSHA decides whether to conduct an on-site inspection. Fatalities and amputations typically trigger automatic inspections. For hospitalizations and eye loss events, OSHA may conduct a phone/fax investigation or an on-site inspection based on the circumstances. During an inspection, OSHA compliance officers assess the accident scene, interview witnesses, review safety records, and identify violations. Citations and penalties may be issued. OSHA also works with the employer to abate hazardous conditions. All inspection results are published in OSHA's public inspection database at osha.gov.

You can file an OSHA complaint online at osha.gov/workers/file-complaint, by calling 1-800-321-OSHA (1-800-321-6742), or by visiting your local OSHA area office. Complaints can be filed anonymously. OSHA prioritizes formal written complaints from workers. If you believe an imminent danger exists, call OSHA immediately, they are required to investigate immediately when there is reasonable grounds to believe imminent danger exists. Workers are protected from retaliation for filing complaints under Section 11(c) of the OSH Act; if you experience retaliation, file a separate complaint within 30 days of the adverse action.