4-23-12; Amputations Remain a Demanding Claim to Manage in IL WC

We keep getting questions and keep answering them quickly and accurately. Here is some short-hand to remember if you get an amputation claim.

First, in this state, “amputation” equals bone loss as a result of a compensable injury. As soon as you become aware of an accepted WC injury involving an amputation, i.e., bone loss, you owe PPD for the amputation.

Second, the IL amputation rates aren’t just sort of high—they are wildly high. Right now the weekly PPD rates for an amputation start at $483.36 and cap at a lofty maximum of $1,288.96. An amputated arm in IL can cost an employer as much as $326,106.88

Third, PPD rates for amputation losses are 60% of the average weekly wage within the maximums and minimums above. If someone makes $50 per week and loses a finger or a toe, you owe weekly PPD at $483.36.

Fourth, we have heard and dislike the term “partial amputation.” If someone loses any part of the bone of the distal phalange of a finger or toe, they get 50% LOU of that finger or toe at the rates above. If the worker loses any part of the middle phalange of a finger or toe, they get 100% LOU at the amputation range we outline.

Fifth and finally, the attorney fee for a claimant attorney who handles an accepted amputation is $100. Due to the low amount, claimant attorneys rarely want the claim. But they will turn on the claim handler for hefty penalties and fees if you don’t immediately pay the amputation benefit at the amputation rates we outline.

Our recommendation in dealing with any amputation is to call, email or text any of our KC&A lawyers. We assure you we will provide clear and timely advice in handling these major claims. For contact information, look at the bottom of this email or just send a reply.