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      When can I claim loss of limb compensation?

      You can claim compensation if you’ve lost a limb in an accident or due to someone else’s negligence.

      Some of the most common scenarios where you can claim loss of limb compensation include:

      If you’re unsure about your entitlements, get in touch today. Our lawyers know how life-changing an amputation can be, so we take the time to understand your situation fully. We’ll carefully assess your case to uncover every claim you’re eligible for, ensuring you get the maximum possible compensation for your lost limb.

      Common amputations you can claim for

      Some of the most common types of amputations you may be able to claim for include:

      • Leg amputation: can occur in road accidents and may involve full leg, above-knee, knee, below-knee, ankle, or partial foot amputation.
      • Arm amputation: often results from workplace or road accidents, including full arm, above-elbow, below-elbow, or wrist amputation.
      • Finger amputation: common in workplace accidents involving crush injuries, tools, saws, burns, or degloving injuries.
      • Toe amputation: often caused by crush injuries from heavy materials or other accidents.
      • Hand amputation: can result from severe crush injuries in the workplace or on the road.

      This is not a complete list — if you’ve lost a limb at work, on the road or due to negligence, it’s likely you have an amputation claim. To confirm if your situation qualifies, speak with our expert amputation injury lawyers today.

      How much compensation do I get for the loss of a limb?

      There is no average payout for a loss of limb; it all depends on the particular facts of your case. This includes:

      • The type of claim you’re making.
      • How your condition affects your ability to work and live independently. For instance, losing a leg typically results in a higher payout than losing a finger.
      • Your pre-injury income and whether you can go back to work.
      • How old you are.
      • The state you're in.

      Amputation claims often lead to substantial payouts, but they’re also among the most complex injury claims. To secure the full compensation you deserve, you need a lawyer who understands not just the legal process but also the lifelong impact of your injury. That’s where we come in.

      Our expert amputation lawyers assess all your current and future requirements: from lost wages and super to medical costs, prosthetics, and necessary home and vehicle modifications. We also assess the psychological and emotional toll of the amputation, collaborating with mental health experts to provide robust evidence of its effect on your daily life.

      Since amputations often make returning to work impossible, we work with top vocational experts to prove the full extent of your disability and counter insurer arguments that you can return to work. This ensures your payout covers future lost income as well.

      Below, we break down how much compensation you can expect for each type of claim. If you’d rather speak with a specialist amputation lawyer now, contact us for free advice.

      Generally speaking, there are three types of workplace loss of limb compensation you can receive.

      Basic workers compensation entitlements

      If you’ve lost a limb at (or because of) work, you can make a workers compensation claim for these basic entitlements:

      • Weekly payments (up to 95% of your pre-injury income).
      • Medical expenses.
      • Rehabilitation and other support services.
      • Travel to and from medical treatments. 

      Lump sum payments

      Along with your weekly payments, you may be entitled to an extra lump sum for permanent impairment.

      To qualify, you’ll need to get your percentage of Whole Person Impairment (WPI) assessed. This is a measure of how much the amputation has affected your life. Some states set a minimum WPI threshold to qualify for a lump sum payment, but in most cases of amputation, you’ll meet it without issue.

      To learn more, see our complete guide to workers compensation claims for permanent impairment.

      Common law damages

      If your limb loss was caused by your employer’s negligence, you may be able to make a common law damages claim.

      Unlike standard workers compensation payments, a common law claim can result in a much larger lump sum — often hundreds of thousands of dollars, or even millions for severe cases.

      On top of your basic workers compensation entitlements, your payout could cover:

      • Future lost wages and superannuation.
      • Ongoing medical care and rehab costs.
      • Pain and suffering (in some states).

      If you lose a limb in a car accident, your compensation depends on several factors, including the state you’re in and whether you were at fault.

      Depending on your circumstances, you may be entitled to:

      • Lost income: wages you’ve lost already, plus future lost earnings if the accident wasn’t your fault.
      • Pain and suffering: covering both the physical and emotional impact of the amputation on your life.
      • Care and support: whether from professionals or loved ones, including assistance if you can no longer care for a dependent.
      • Additional costs: such as medical expenses, travel for treatment, and necessary home or vehicle modifications.

      For a full breakdown, check out our complete guide to motor accident claims or reach out to a specialist amputation solicitor today.

      Compensation for amputations caused by medical negligence can vary significantly based on the severity of your injury and its impact on your life. While some claims settle between $100,000 and $200,000, others reach the millions.

      Depending on your situation, you may be entitled to compensation for:

      • Lost income: including future earnings and superannuation.
      • Pain and suffering: covering both the physical and emotional toll of your injury.
      • Care and support: whether from professionals or loved ones, especially if you can no longer care for a dependent.
      • Additional costs: such as medical expenses, travel for treatment, and necessary home or vehicle modifications.

      For more details, check out our full guide to medical negligence claims or speak to an experienced amputation attorney today.

      Depending on your circumstances, your compensation for amputation may include:

      • Lost income and superannuation (past and future).
      • Care and support for you and your dependents (if applicable).
      • Pain and suffering, which is the negative impact of the amputation on your life.
      • Extra costs like medical bills and necessary modifications to your home or vehicle.

      For a deeper dive into your potential payout, check out our full guide on public liability compensation or get in touch with our amputation compensation lawyers today.

      If your amputation permanently stops you from working, you may be entitled to a Total and Permanent Disability (TPD) claim through your super. Unlike weekly workers compensation payments, TPD gives you a single lump sum payout to help secure your financial future. The exact amount you receive depends on the terms of your super policy.

      The best part? A lot of super funds include TPD cover automatically, so you might already be eligible without even knowing it. If you’re unsure, get in touch with us today — our expert TPD lawyers can check your policy and entitlements for you, completely free of charge.

      How to make an amputation compensation claim

      While every amputation compensation claim is different, you’ll likely move through these steps:

      Before starting your amputation claim, it’s a good idea to chat with a lawyer who specialises in these cases. In a free consultation, we’ll break down the claims process and make sure you fully understand your rights and entitlements.

      Your lawyer will explore every possible avenue for compensation, ensuring you get the maximum payout for your loss of limb.

      Strong expert evidence is crucial for a successful amputation claim, especially when proving that another party was at fault. You’ll need to demonstrate both the full impact of your amputation on your life and establish the other party’s liability.

      To do both, our experienced amputation lawyers team up with our network of leading medical and liability experts. They provide compelling evidence supporting your case from all angles. Plus, we cover all expert costs upfront, so you won’t pay a cent unless we win your claim.

      Once we’ve built a solid case, your amputation lawyer will lodge your claims:

      • For workers compensation or car accident claims: we’ll submit your claim along with all supporting evidence to the insurer.
      • For public liability or medical negligence: your lawyer will initiate court proceedings on your behalf.
      • For TPD claims: we’ll handle the submission to your super fund or TPD insurer, making sure everything is properly prepared.

      No matter the type of claim, we’ll handle the entire submission process so it’s as smooth and stress-free as possible.

      Once your claim is lodged, you’ll need to await the fund or insurer’s decision:

      • For workers compensation and car accident claims: the insurer will inform you if your claim is approved. If it is, you should start receiving weekly payments right away. If your claim is denied or the payout is lower than expected, your lawyer will step in to challenge the decision and fight for the compensation you deserve.
      • For TPD claims: expect to hear back from the super fund or insurer within a few months. With our experience and expertise, there’s a strong chance your claim will be approved. Once it is, all you’ll need to do is decide how you want to receive your benefit, and we’ll ensure it gets paid out as quickly as possible.

      If your claim goes to court, you’ll need to attend a mandatory pre-court mediation with the insurer. Your amputation claim lawyer will handle all negotiations, making the process as smooth and stress-free as possible.

      With our experience and thorough case preparation, it’s likely your claim will settle at this stage. But if the insurer refuses to offer fair compensation, we’re ready to take your case to court and fight for every dollar you deserve.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Meet more of the team

      Frequently asked questions

      Immediately after an accident, take these steps to ensure you secure the treatment and financial support you need:

      1. Get medical attention: see a doctor as soon as possible for a proper diagnosis, treatment, and referrals to specialists. Your doctor can also provide a ‘certificate of capacity,’ which is key evidence for your claim.
      2. Keep track of symptoms: document how your amputation impacts your daily life, work, and well-being. A clear record of your limitations and struggles can help strengthen your case.
      3. Speak to an amputation claims lawyer: an experienced lawyer can explain your rights, guide you through the claims process, and provide a detailed estimate of your compensation. If you choose to go ahead with your claim, your lawyer will gather medical evidence, talk to witnesses, and handle all insurer negotiations on your behalf, ensuring you get the best outcome.

      Medical negligence occurs when a doctor, hospital, or other healthcare provider delivers care that falls below an acceptable standard, and you suffer an amputation as a result.

      Some common medical mistakes that can lead to limb loss include:

      • Surgical errors.
      • Misdiagnosis or delayed diagnosis.
      • Poor post-operative care.
      • Failure to warn about medical risks.

      To prove your amputation was caused by medical negligence, you’ll need to show:

      • The medical professional’s action (or inaction) fell below professional standards — meaning no reasonable medical professional would have made the same mistake.
      • There’s a direct link between their negligence and your amputation.

      Medical negligence claims are highly complex, so it’s crucial to get expert legal advice before moving forward. Our amputation compensation lawyers can assess your case, determine who may be responsible, and guide you on how to maximise your compensation.

      To learn more about proving negligence in amputation compensation claims, head to our guide to medical negligence cases.

      Workplace amputations are a serious and ongoing issue, making up 14 – 15% of all workplace injury claims in recent years.

      Work-related accidents that lead to amputation commonly include:

      • Drills and saws.
      • Abattoir accidents.
      • Crush injuries.
      • Agricultural and farm accidents.
      • Factory and construction mishaps.
      • Door accidents.

      This is not a complete list, so don’t worry if you can’t see your workplace accident here. If you lost a limb due to a workplace accident, it’s likely you have an amputation claim.

      If your amputation was caused by an unsafe work environment, you may have a common law damages claim against your employer.

      Typical examples of employer negligence include:

      • Failing to provide proper training for machinery or tasks.
      • Supplying inadequate protective equipment.
      • Not maintaining or repairing faulty equipment.
      • Failing to install necessary machine guards.
      • Poor supervision of high-risk tasks.

      Common law damages claims can result in significant lump sum payouts, so it’s essential to consult an experienced amputation injury lawyer before starting your case. With decades of experience and a strong network of medical experts, we’ll build a solid claim to prove your employer’s negligence and directly link it to your amputation.

      Car accidents can cause severe injuries that lead to amputations. Some of the most common types include:

      • Finger or hand amputations: often caused by crush injuries or severe lacerations.
      • Partial or full arm amputations: these may occur due to high-impact collisions or being ejected from a vehicle.
      • Toe or foot amputations: most commonly resulting from motorcycle crashes and pedestrian accidents.
      • Below-knee or above-knee leg amputations: can be caused by severe fractures, crush injuries, or traumatic limb loss in high-speed crashes.

      This is not an exhaustive list, just some of the car accident amputations we’ve seen most often. If you lost a limb because of a motor accident, you’re entitled to an amputation compensation claim.

      After an accident, it’s crucial to report the amputation to the right authority as soon as possible. If your injury happened at work, you should inform your employer immediately to ensure your claim is properly documented. If it resulted from a car accident, you’ll need to report it to your state’s CTP insurer.

      Unsure who to report your injury to? Our amputation claim solicitors can help. We’ll assess your situation, confirm whether you have a valid claim, and even handle the reporting process on your behalf.

      The cost of your amputation compensation claim depends on factors like the type of claim and its complexity. If you’re filing a workers compensation claim in NSW, the Independent Review Office (IRO) fully funds your case, so we can assist you at no cost.

      For other states and claim types, our No Win No Fee guarantee keeps you protected. We cover all upfront costs, and you won’t pay anything unless we win your claim. Our fees are also capped at 30% of your compensation — much lower than the 50% some other amputation injury law firms charge. In most cases, we recover fees from the other party, meaning you keep more, if not all, of your payout.

      Get in touch with our amputation claims lawyers today for a free cost estimate. We’ll explain what you’re entitled to, how much we charge, and how to secure the maximum compensation for your lost limb.

      Free Claim Advice

      Speak to an expert lawyer about your situation today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

      Google Posted by Stafford Ray
      Leon Monaco & team member

      Why trust us with your amputation claim?

      Amputation claims are far more complex than standard personal injury cases. While they often lead to higher payouts, they demand stronger evidence and the expertise to counter the insurer’s defence strategies. That’s why it’s essential to have a skilled lawyer.

      We know how to build a compelling case, use the right experts, and ensure your payout reflects the impact of this life-changing injury. From start to finish, we’ll:

      • Explain your rights and the full range of claims you may qualify for.
      • Work with top medical specialists to assess your long-term needs.
      • Use vocational experts to show how the injury affects your work capacity.
      • Challenge common defence tactics, e.g. if they argue you can return to work.
      • Ensure you’re compensated for necessary home and vehicle modifications.
      • Handle all insurer negotiations and push back against unfair offers.
      • Uncover your additional entitlements, such as a TPD benefit.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

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      $550,000

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      After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

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