A Guide to Compensation for Amputation Injuries in Colorado
Learn about amputations after an accident in Colorado, including common causes, long-term implications, and when you may be entitled to compensation
Losing a limb is a life-altering event that affects thousands of Americans each year and is considered one of the most severe types of catastrophic work injuries, with significant physical, emotional, and financial consequences.
In addition to the substantial medical expenses associated with an amputation, individuals may be unable to return to their previous employment or may need to transition to a different career that accommodates their new physical limitations, leading to a loss of income and financial strain during their recoveries.
The physical and emotional challenges of adapting to life without a limb can also be significant, with many experiencing difficulties with mobility, daily tasks, and coping with the psychological impact of limb loss.
Fortunately, for those injured at work or as a result of someone’s negligence, there may be legal avenues available to recover compensation. This article will explore some common causes of limb loss, the health and financial implications for patients, and the potential legal options for compensation in Colorado.
How rare is it to lose a limb?
Amputations occur more than many people might think. Each year, almost half a million people in the U.S. have a limb amputated.
As of 2021, there were approximately 2.3 million Americans living with the loss of a limb, and these numbers are expected to grow considerably. In fact, it’s estimated that approximately 3.6 million Americans will be living with an amputation by the year 2050.
This increase is likely due, at least in part, to people living longer, which raises the likelihood of developing chronic conditions like diabetes and peripheral artery disease, both of which are significant risk factors for amputations.
What body part is most commonly amputated?
According to the Amputee Coalition, it’s more common for the lower limbs to be amputated than the upper limbs. It reports that about 65% of amputations involve the lower extremities (legs, feet, and toes), while only 35% involve the upper extremities (hands, arms, and fingers).
These amputations include both traumatic amputations (from incidents like work injuries or car crashes), which account for about 45% of amputations, as well as amputations from diseases like diabetes and cancer, which account for about 55%.
When you take into account that uncontrolled diabetes can significantly impact circulation to the lower extremities, it should come as no surprise that lower limbs are most commonly amputated.
What is the most common way to lose a leg?
In addition to health conditions like vascular diseases, cancer, and infections that lead to upper and lower extremity amputations, traumatic accidents are another leading cause of limb loss in the U.S.
The most common traumatic causes of amputation include:
- Motor vehicle accidents. Collisions involving motorcycles, cars, trucks, bicyclists, and pedestrians are a primary cause of leg amputations.
- Falls. Falls from heights, like ladders, scaffolding, or roofs, and even slips, trips, and falls on ground level due to hazards like automatic doors or cluttered work areas can lead to severe leg injuries requiring amputation.
- Violence. Acts of violence, such as shootings or stabbings, can result in amputations.
- Workplace accidents. Accidents in industries such as construction, manufacturing, and agriculture often result in limb loss, especially when workers work with or near heavy machinery.
- Military injuries. Explosions and combat-related injuries are a significant cause of limb loss among veterans.
Since traumatic amputations are often sudden and unexpected, they tend to result in significant physical, emotional, and financial issues for the individual and their families.
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What are the long-term effects of losing a limb?
The impact of an amputation cannot be overstated. When we look at medical expenses alone, the Amputee Coalition estimates that the lifetime health care costs for someone with an amputation are about $150,000 more than someone without an amputation.
In addition to medical costs, individuals with amputations often face reduced earning potential due to physical limitations, which can lead to financial strain and increased reliance on disability benefits or other support systems. The combination of higher medical expenses and reduced income creates significant financial challenges for those living with an amputation.
Physically, the loss of a limb can lead to a host of challenges, including difficulties with mobility, balance, and performing everyday tasks. Amputees often require extensive rehabilitation and may need to adapt to using prosthetic limbs, which can take a considerable amount of time and effort.
Emotionally, the adjustment to life without a limb can be overwhelming. Many amputees report experiencing feelings of grief, anxiety, and frustration as they come to terms with their new realities. The prevalence of depression among people living with limb loss is notable, with approximately 36% saying that they’ve experienced symptoms of depression.
Overall, the long-term outlook for amputees is quite concerning, particularly when we look at the number of individuals who die after an amputation. One study found the following mortality rates in those with limb loss:
- 13% to 40% within the first year
- 35% to 65% within 3 years
- 39% to 80% within 5 years
These statistics highlight the serious nature of limb loss and the importance of comprehensive support for those affected. It’s crucial for amputees to have access to both medical and psychological care to help them navigate the challenges they face and improve their overall quality of life.
In the news: Tragic car crash devastates a Colorado farming family
On May 21, 2022, the Rohwer family experienced a devastating tragedy when a head-on collision claimed the life of Judy Rohwer and severely injured her daughters, Angela and Heidi Rohwer, and grandson Zackery Berg. According to a report by The Colorado Sun, while the family was transporting produce from their Colorado farm to the Durango Farmers Market, their vehicle was struck by another driver who fell asleep at the wheel.
Judy died at the scene, while Angela and Zack suffered significant injuries. Heidi’s injuries were so severe that they ultimately led to the amputation of her right leg below the knee, a decision she made after struggling with continuous pain and limited mobility for over a year.
The incident, a clear case of negligence, has left the family with potential legal options to pursue compensation for their injuries, losses, and the wrongful death of Judy. Despite the financial and emotional struggles they face, the family has received immense support from their community, enabling them to keep the farm running during their recovery.
Legal options after an amputation in Colorado
In Colorado, the legal recourse available to amputation victims depends on the circumstances surrounding the injury, particularly whether it occurred at work or as a result of a personal injury.
Amputations due to workplace injuries
If an amputation occurs at work, eligible employees are generally entitled to workers’ compensation benefits. Workers’ compensation is a no-fault system, meaning that the injured worker does not need to prove negligence on the part of the employer to receive benefits. Instead, the worker simply needs to demonstrate that the injury occurred while performing job-related duties.
Benefits available through workers’ compensation include:
- Medical benefits. Coverage for all necessary medical treatments related to the amputation, including surgeries, rehabilitation, prosthetics, and ongoing care.
- Temporary disability benefits. Payments to compensate for lost wages while the worker is unable to perform their job due to the injury.
- Permanent disability benefits. Compensation for the long-term impact of the amputation on the worker’s ability to earn a living.
- Vocational rehabilitation. Assistance with retraining or finding a new job if the amputation prevents the worker from returning to their previous employment.
- Death benefits. Compensation for family members for funeral expenses and lost income if a worker dies from a work-related amputation.
Please note that while workers’ compensation provides essential financial support, it does not cover non-economic damages, such as pain and suffering. It’s also important for injured workers to follow all the necessary steps to file a workers’ comp claim, including reporting the injury to their employer within 10 days.
Amputations due to personal injuries
If an amputation results from a personal injury, such as a car accident or a slip and fall, the injured party may be able to pursue a personal injury lawsuit. Unlike workers’ compensation claims, personal injury cases require the injured party to prove that another party’s negligence or wrongful actions caused the injury.
Key elements of a personal injury claim include:
- Duty of care. Establishing that the defendant had a responsibility to act in a manner that would not cause harm to others.
- Breach of duty. Demonstrating that the defendant failed to fulfill their duty of care through negligent or reckless behavior.
- Causation. Proving that the defendant’s breach of duty directly caused the injury.
- Damages. Documenting the extent of the injury and associated costs, including medical expenses, lost wages, and non-economic damages such as pain and suffering.
Compensation in personal injury cases can include:
- Medical expenses. Reimbursement for all medical costs associated with the amputation, including future medical needs.
- Lost wages and earning capacity. Compensation for income lost due to the injury and any reduction in future earning capacity.
- Pain and suffering. Damages for the physical pain and emotional distress caused by the amputation.
- Punitive damages. In cases of gross negligence or intentional harm, the court may award punitive damages to punish the defendant and deter similar conduct.
Pursuing a personal injury lawsuit can result in higher compensation than workers’ compensation, but it requires a more complex legal process. It’s essential for individuals considering legal action to consult with an experienced personal injury attorney who can evaluate their case, gather evidence, and advocate for their rights.
If you’re injured at work, workers’ compensation is an exclusive remedy. In other words, you are not permitted to file a lawsuit against your employer for that injury. However, if the injury was caused by the negligence of a third party, you may file a lawsuit against that third party for damages that are not covered under workers’ compensation.
We can help you understand your legal options after an amputation in Colorado
If you or a loved one has experienced an amputation due to a workplace incident or an accident caused by someone else’s negligence in Colorado, it is crucial to understand your legal rights and the compensation options available to you.
At The Babcock Law Firm in Denver, our knowledgeable attorneys specialize in both workers’ compensation and personal injury cases. We’re well-equipped to guide you through the complex legal process, whether your amputation occurred on the job or as a result of someone else’s negligent actions.
We understand the profound impact an amputation can have on you and your family, and we approach every case with compassion and personalized attention. Our goal is to provide the support and advocacy you need to secure a brighter future.
Contact The Babcock Law Firm today for a free consultation, and let us help you navigate your legal options and pursue the justice and compensation you deserve.
References
Caruso, M., & Harrington, S. (2000). Prevalence of Limb Loss and Limb Difference in the United States: Implications for Public Policy. https://avalere.com/wp-content/uploads/2024/02/Prevalence-of-Limb-Loss-and-Limb-Difference-in-the-United-States_Implications-for-Public-Policy.pdf
LIMB LOSS IN THE U.S. (n.d.). https://www.amputee-coalition.org/wp-content/uploads/2021/12/llam-infographic-2021.pdf
Qaarie, M. Y. (2023). Life Expectancy and Mortality After Lower Extremity Amputation: Overview and Analysis of Literature. Cureus, 15(5). https://doi.org/10.7759/cureus.38944
