Amputation and Crush Injury Lawyer in NYC

Amputation, crush and degloving cases the firm handles

​

The firm takes fewer cases on purpose and concentrates on catastrophic injury and wrongful death. Amputation and crush cases often come from:

​

• Saws, presses, conveyors and other machines with missing or bypassed guards

• Forklifts, cranes, and loads that fall or slip while being hoisted

• Trench and wall collapses that pin a worker

• Truck, car, motorcycle and bus crashes, including pedestrians who are run over or dragged

• Subway platform and train accidents, and elevator and escalator accidents that catch or crush a hand, foot or limb

• Amputations after a crush injury or infection that doctors did not treat in time (medical malpractice)

​

For a work injury, Reza Yassi brings the lawsuit against the companies responsible and works with law firms that handle Workers' Compensation Board hearings. See also the personal injury cases the firm handles.

​

What is a crush injury, a degloving injury or a traumatic amputation?

​

They are different injuries, and one can lead to another:

​

• Crush injury: a finger, hand, foot or limb is squeezed between heavy objects or pinned under weight, damaging bone, muscle, nerves and blood vessels. When large muscles stay crushed for a long time, the harm can reach the kidneys and the whole body (crush syndrome).

• Degloving injury: skin and the tissue under it are torn away from the muscle or bone, like a glove pulled off. It is open when the skin is torn away, and closed when the skin stays in place but is sheared loose underneath, which may not look serious at first. Common causes are rollers and conveyors that catch a hand, a ring caught on equipment (a ring avulsion of the finger), and a wheel that runs over or drags a foot or leg.

• Traumatic amputation: a body part is cut or torn off in the accident. A surgical amputation comes later, when doctors cannot save a crushed or infected limb. Either can support a claim against whoever caused the original injury.

​

Who can you sue after an amputation or crush injury?

​

Whoever caused it, except your own employer or a co-worker if you were hurt at work. The usual defendants depend on where it happened:

​

• At work: workers' compensation is generally your only claim against your own employer (Workers' Compensation Law § 11) or a co-worker (§ 29(6)). You can still sue other companies whose negligence caused the injury, such as the property owner, the general contractor, another subcontractor, or the company that made, sold or rented the machine (§ 29(1)).

• On construction work: owners and contractors must furnish hoists, slings and other devices that properly protect workers (Labor Law § 240(1)), which covers loads that fall because they were not properly hoisted or secured, and must follow the Industrial Code (§ 241(6)). Owners of one- and two-family homes who do not direct or control the work are exempt. See workplace and construction accidents.

• A defective machine: the maker and sellers can be strictly liable for a design, manufacturing or warning defect, such as a press sold without an adequate guard. If someone later removed the guard, the maker may raise that as a defense. See defective product claims.

• A vehicle crash: the driver, and usually the owner of a vehicle driven with permission (Vehicle and Traffic Law § 388). Losing a limb is "dismemberment", one of the serious injuries that let you sue for pain and suffering; crush injuries often qualify as a fracture or as a permanent or significant limitation of use (Insurance Law § 5102(d)). Motorcycle crashes generally fall outside no-fault. See car accident claims.

• A subway train or a New York City Transit bus: a claim against the New York City Transit Authority needs a notice of claim within 90 days, and some cases may have only one year to sue (Public Authorities Law § 1212).

• An elevator or escalator: the building owner and the company that maintains the equipment can be responsible when poor upkeep or a defect they knew about, or should have found, caused the accident.

​

What is a grave injury in New York?

​

A grave injury is one of the injuries listed in Workers' Compensation Law § 11 that let the companies you sue after a work accident bring your employer into the case to share the cost. The statute limits grave injuries to these:

​

• Death

• Permanent and total loss of use, or amputation, of an arm, leg, hand or foot

• Loss of multiple fingers, loss of multiple toes, or loss of an index finger

• Paraplegia or quadriplegia

• Total and permanent blindness or deafness

• Loss of nose or loss of ear, or permanent and severe facial disfigurement

• A brain injury caused by an external physical force that results in permanent total disability

​

Courts read the list narrowly. Losing the tips of five fingers, with the rest of each finger intact, was not a "loss of multiple fingers", because a finger means the whole finger (Castro v. United Container Mach. Group, 96 N.Y.2d 398 (2001)).

​

A grave injury does not let you sue your employer yourself. It lets the employer and its insurer be brought in, which can add money to settle the case. A written indemnity contract made before the accident can do the same for any injury. Read how a hand amputation can bring the employer back into the lawsuit.

​

Workers' comp after an amputation: what it pays and what it does not

​

Comp pays medical care and part of lost wages, but nothing for pain and suffering. After an amputation it covers:

​

• Prosthetic devices and artificial limbs, plus their repair and replacement when they wear out (Workers' Compensation Law § 13(a)).

• A scheduled award for a permanently lost limb, paid for a set number of weeks: 312 for an arm, 288 for a leg, 244 for a hand and 205 for a foot, with fewer weeks for fingers and toes (§ 15(3)). Permanent total loss of use counts the same as losing the limb.

​

A lawsuit against another company can recover what comp does not, including pain and suffering and full lost earnings. The comp carrier has a lien on that recovery for what it paid, reduced by its share of the cost of getting it, including the legal fee (§ 29(1)).

​

Deadlines for an amputation or crush injury claim

​

Most claims have three years, but several deadlines are much shorter:

​

• Claims against private companies and drivers: three years from the injury (CPLR 214(5)).

• If you take comp: sue the other company within six months after the comp award and within one year of the accident, or the carrier can take over the claim after giving you at least 30 days' written notice (Workers' Compensation Law § 29(1), (2)).

• The City, a county, town or village: a notice of claim within 90 days (General Municipal Law § 50-e) and a lawsuit within one year and 90 days (§ 50-i).

• The New York City Transit Authority: a notice of claim within 90 days, and a lawsuit within one year and 90 days of the accident (Public Authorities Law § 1212(2)). But § 1212(4) still says one year for a claim based on a Transit Authority employee's negligence in operating a train, bus or other transit vehicle or facility on the City's streets or railroads, so such a case may have only one year: plan to sue within one year.

• An amputation caused by medical malpractice: two years and six months from the malpractice or the end of continuous treatment (CPLR 214-a).

• A death: two years from the date of death (EPTL 5-4.1).

​

How much is an amputation or crush injury case worth?

​

There is no reliable average settlement for an amputated finger or a lost limb. Value is built from proof, mainly:

​

• Which part was lost and at what level, and whether it was your dominant hand

• Prosthetics for life: new devices and sockets, repairs and replacements, often priced in a life-care plan

• Future surgery, therapy, and home and vehicle changes

• Lost earnings and lost earning capacity, usually proved by a vocational rehabilitation counselor and an economist

• Pain and suffering, including phantom pain, disfigurement and the loss of activities you enjoyed

• Your spouse's claim for the loss of your services and companionship

​

In most cases your share of fault reduces the award without barring it (CPLR 1411). In a vehicle case covered by the no-fault law and filed on or after May 26, 2026, you recover nothing if your fault is greater than that of the defendants combined (CPLR 1411(b)).

​

See proving lost earning capacity in amputation cases.

​

Evidence to save after a crush or amputation injury

​

The machine or vehicle is the key evidence, and it is often repaired or moved within days.

​

• Ask in writing that the machine, its guard and safety switches, or the vehicle be kept as it is, and photograph it.

• Ask for the incident report. A private employer must report a work-related amputation to OSHA within 24 hours (29 CFR 1904.39); under that rule a degloving is not counted as an amputation.

• Photograph the injury as it heals, and keep a diary of pain, surgeries and missed work.

• Do not sign an insurer's blanket medical authorization or give a recorded statement before getting legal advice.

​

Fees, and how to choose an amputation injury lawyer

​

There is no fee unless money is recovered. In most of these cases the fee is one-third of the net recovery; an amputation caused by medical malpractice follows the sliding scale in Judiciary Law § 474-a. The fee and the handling of case expenses are set out in a written retainer agreement.

​

The first consultation is free, in person, by phone or by video, and Reza Yassi can meet you at home or in the hospital. Ask any lawyer you consider:

​

• Who will handle my case day to day?

• How will the machine or vehicle be preserved and inspected?

• How will my future prosthetic costs and lost earnings be proved?

​

At Yassi Law P.C., you deal directly with Reza Yassi.

​

Guides on this topic

​

• Grave injury under Workers' Compensation Law § 11: when your employer can be brought back into the case.

• Crane accident in New York: suing beyond workers' comp: collecting comp and still suing the owner and crane companies.

• Proving lost earning capacity in amputation cases: how lost future earnings are measured.

• The blanket medical authorization trap after a forklift crush injury: why not to sign the adjuster's records release.

​

Frequently asked questions

​

What is a grave injury in New York?

An injury on the closed list in Workers' Compensation Law § 11, such as amputation or permanent total loss of use of an arm, leg, hand or foot, or loss of multiple fingers or an index finger. It lets the companies you sue after a work accident bring your employer in to share the cost.

​

Can I sue my employer if I lost a finger or hand at work?

Generally no, unless your employer failed to carry comp coverage (Workers' Compensation Law § 11). You can collect comp and also sue other companies whose negligence caused the injury, such as the owner, general contractor or machine maker (§ 29(1)).

​

What is a degloving injury, and can I sue for one?

It is skin and tissue torn away from the muscle or bone, usually on a hand, finger, foot or leg. No special case law governs degloving: you can sue if someone else's negligence, a Labor Law violation or a defective machine caused it.

​

Is an amputation a serious injury after a car accident?

Losing a limb is. Dismemberment is one of the serious injuries listed in Insurance Law § 5102(d), which lets you sue the at-fault driver for pain and suffering beyond no-fault benefits.

​

What is the average settlement for an amputated finger or a lost limb?

There is no reliable average. Value turns on what was lost, your work, future prosthetic and medical costs, fault and the insurance available, so an honest estimate needs the records first.

​

Does workers' comp pay for a prosthetic?

Yes. Comp must pay for prosthetic devices and artificial limbs, and for their repair or replacement when they wear out (Workers' Compensation Law § 13(a)). It pays nothing for pain and suffering.

​

How long do I have to sue for an amputation injury in New York?

Usually three years from the injury (CPLR 214(5)). Claims against the City, the Transit Authority and other public bodies generally need a notice of claim within 90 days, some Transit Authority cases may have to be filed within one year, a wrongful death claim has two years, and if you are taking comp you should sue within months.

​

If you or a family member lost a limb or suffered a severe crush or degloving injury in New York City, Nassau or Suffolk, call Reza Yassi at (646) 992-2138 or contact the firm. The consultation is free, and if travel is hard, he can meet you at home or in the hospital.