A QUESTIONABLE AMPUTATION WORK INJURY? INJURED WORKERS IN THE NEWS, #13

A story comes out of Maine in which a Man was found carrying a severed arm.  He had severed it allegedly while operating a ban saw.  The man worked at a store. The police department “ have not determined how the man lost his arm, beyond describing the gory amputation as a ‘workplace incident.’ From the story’s facts, there were no witnesses to the accident that were interviewed. dailymail.com

For the purposes of this blog post,  the assumption will be given that there is some uncertainty as to how the accident happened.

Will The Workers’ Compensation Carrier Accept This Type of Claim Immediately?

No. Given the paucity of the hypothetical’s facts, the Insurance Company would likely wish to investigate the claim to determine whether there was a work injury.  They would want to talk to the Injured Worker as well as his co-workers.

Are There Any Times Limits to the Investigation? 

Yes. Labor Code Section 5402(b) provides for a 90 day period for an Insurance Carrier to investigate a clam.

Can The Injured Worker Get Medical Care During the Period of Investigation?

Yes. Labor Code Section 5402(c) provides for up to $10,000.00, of medical care to be provided up to the date of the carrier’s determination.

Are There Any Special Benefits That Applicant to Amputation Cases?

Yes.  Labor Code Section 4656(c)(3) allows for 240 weeks of total temporary disability benefits as opposed to the 104 weeks which is provided for cases that are not afforded an exception.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

 

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