Can I Sue My Employer for an Amputation Injury Sustained at Work?

Generally, you cannot sue your employer for an amputation injury sustained at work in California because employers are typically protected from civil lawsuits under workers’ compensation laws. 

You may be able to file a claim against a third party whose negligence contributed to your injury. For example, if a subcontractor, equipment manufacturer, or vendor played a role in causing the workplace accident, they could be held liable. 

An amputation injury lawyer in Los Angeles can help determine whether a third party is responsible for your injury and explore your legal options for recovery.

When Can a Third Party Be Held Liable for a Work-Related Amputation Injury?

A third party may be held liable for a work-related amputation injury when their negligence or actions contribute to the accident that caused the injury. In these cases, the third party is not the injured worker’s direct employer but someone else involved in the worksite or project.

A Los Angeles personal injury lawyer can investigate and determine whether a third party is liable.

A Subcontractor

A subcontractor may be held liable when they fail to follow safety protocols and their actions result in hazardous conditions.

A Vendor or Maintenance Contractor

Similarly, a vendor or maintenance contractor who improperly installs, repairs, or maintains equipment at the job site could be liable if their negligence leads to an accident.

Another Company Operating on the Same Worksite

Another scenario might involve another company working on the same site that creates unsafe conditions, such as failing to secure heavy materials or leaving hazards in shared workspaces. These actions can create risks that lead to severe injuries, including amputations. 

A Negligent Third-Party Driver

In some cases, a negligent third-party driver could also be responsible. For instance, if you are working near a roadway or on a construction site and a driver operating a vehicle for another company fails to follow traffic laws or drives recklessly, causing an accident, they may be held liable for the injury.

A Government Entity

In addition, a government entity responsible for maintaining a public roadway or property could be liable. 

For example, if you are working on or near a public road and a poorly maintained roadway, missing signage, or other hazards created by the government lead to an accident, the government entity may be held responsible for the resulting injuries.

What Damages Can Be Recovered in a Third-Party Lawsuit?

A work-related amputation injury is a life-changing event that can permanently affect your health, career, and overall quality of life. In a third-party lawsuit, you may recover compensation for the wide-ranging damages caused by the injury, including:

• Medical expenses: Amputation injuries often require extensive and ongoing medical care. Future medical costs are also significant, as you may need prosthetic devices, maintenance, revisions, and additional treatments over time to address complications such as infections or phantom limb pain.
• Lost wages and reduced earning capacity: Losing a limb can severely limit your ability to perform certain job duties, especially if your work required physical labor. You may not be able to perform your previous work-related duties or qualify for other positions, resulting in reduced earning potential. 
• Pain and suffering: The physical pain associated with an amputation usually warrants significant non-economic compensation. Aside from the initial trauma, many individuals experience ongoing issues like nerve pain or phantom limb sensations that affect their daily lives. Compensation accounts for this physical toll.
• Loss of enjoyment of life: The emotional impact of an amputation can be profound. You may experience psychological stress due to the injury and the adjustments required to adapt to life without a limb. Your ability to participate in recreational activities, or even daily tasks, may be diminished, reducing your overall quality of life.

Pursuing a third-party lawsuit affords you the opportunity to address the financial and emotional burdens caused by this life-altering injury.

How Long Do You Have to File a Third-Party Lawsuit in California?

The statute of limitations for filing a third-party liability lawsuit is generally two years from the date of the injury, per California Code of Civil Procedure § 335.1.

Under California Government Code § 911.2, you must file a formal government claim within six months of the injury. If the government denies your claim, you have an additional six months from the denial date to file a lawsuit.

Starting the legal process early is important to preserve evidence, gather witness statements, and meet strict deadlines. Waiting too long can jeopardize your ability to seek compensation. Our Los Angeles attorneys can help evaluate your options and ensure all requirements are met within the allowed timeframes.

Contact Vaziri Law, LLP Today

With over 200 years of combined experience, our team at Vaziri Law, LLP has the knowledge and dedication to pursue compensation for your amputation injury. 

Contact us today for a free consultation and let us help you take the next step. We work on a contingency fee basis, so you owe no upfront fees for us to begin working on your case.