Amputation of Toes is a Separate and Distinct Injury from a Partial Foot Amputation.

Under the Pennsylvania workers' compensation law, there is a separate section which outlines the payment of additional weekly benefits to individuals who lose a body part. For instance, if an injured worker suffers the amputation of the big toe on the right foot, that individual is entitled to an additional 40 weeks of total disability benefits. However, agreeing to accept the additional 40 weeks of benefits may be a trap which ends up causing the injured worker to stop receiving the regular weekly disability check. The quirk in the Pennsylvania law is that if your injury is limited to the loss of the big toe, you will be paid 40 weeks of benefits, and your checks will stop. Therefore, it is critical to prove that your injury involves more than your big toe. For instance, if a portion of your foot remains inflamed or painful or limits your ability to ambulate, and this is a separate problem from the loss of your big toe, you will continue to receive your weekly disability benefit, and upon your return to work, you will be paid an additional 40 weeks of checks.

Over the years, we have counseled many, many clients on this critical and tricky question. We, typically, go and meet with your physician to explain this quirky provision of the Workers' Compensation Act. Your physician may think that he or she is helping you by indicating that you have lost the use of your big toe. However, as you can see from above, unless your physician is able to testify that you have a separate and distinct problem with your foot, the opinion of loss of use will hurt you, rather than help you.