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In an acquired amputation, the injured person has a limb or limbs removed in part, or completely due to an accident, or by surgery. Most traumatic amputations occur while operating machinery. Usually the cause is a negligent operator, negligent fellow employee, third party, or defective machinery.
If the traumatic amputation occurs on the job, you should immediately file a Workers’ Compensation claim for injuries and lost wages. You should also immediately contact an attorney to discuss your legal rights against any possible third parties including the manufacture of the machinery. This is an area of the law that is very complex and requires a careful analysis of the facts by an experienced attorney.
Under Texas law, employees generally cannot sue their employers for injuries that occur during the course and scope of their employment if the employer is a subscriber to Workers’ Compensation insurance. However, the employee's estate can sue the employer for gross negligence if the injury results in death.
The Texas Workers’ Comp bar does not prevent an injured employee from suing third parties that are responsible for their injuries. This also includes manufacturers of products that are defective.
If the traumatic amputation occurs during self-employment or under circumstances that do not involve employment, you should also immediately contact an attorney so that he or she can begin an investigation before evidence is lost or destroyed. It is very important that pictures of the injuries and machinery be taken immediately after the accident before anything is changed or moved.
The Alexander Law Firm will thoroughly, completely, and competently investigate the facts and circumstances surrounding your amputation injury. We believe that time is of the essence to prevent evidence from being lost or destroyed; therefore, we immediately begin working on your case. At the Alexander Law Firm, initial consultations are free. You owe it to yourself to know your rights!
Please call 1-800-350-5110 and then press 0 to speak with one of our injury attorneys.