Navigating Colorado Workers’ Compensation for Bone Fractures
Learn if your job puts you at risk for fractures and what you need to do to file a workers’ comp claim and get the benefits you deserve in Denver
A fracture, whether a hairline crack or a complete break, can bring life to a grinding halt for workers in Denver. It’s not just about the physical pain and discomfort; it’s the missed workdays, the mounting medical bills, and the uncertainty about the future that can leave workers feeling overwhelmed.
Fortunately, most Colorado workers are eligible for workers’ compensation benefits to aid them during their recoveries.
In this article, we’ll discuss common types of fractures, the professions most susceptible to these injuries, and the types of workers’ compensation benefits available to those affected. We’ll also provide a clear and concise guide on how to file a claim, ensuring injured workers receive the support they deserve.
Are there different types of fractures?
Yes, there are several types of fractures, which can be categorized based on the way the bone breaks and the extent to which it is broken. Below are some common types of fractures seen in Colorado workplaces:
- Closed (simple) fracture. This occurs when the bone is broken but does not puncture the skin.
- Open (compound) fracture. This occurs when the bone breaks and pierces through the skin, increasing the risk of infection.
- Transverse fracture. This refers to a break in a straight horizontal line across the bone, often caused by direct impact.
- Oblique fracture. This refers to a break that has an angled pattern, typically caused by a twisting injury or sharp blow.
- Spiral fracture. This is a fracture that spirals around the bone, typically caused by a twisting force.
- Comminuted fracture. The bone is shattered into three or more pieces, usually from severe trauma like crush injuries from heavy equipment or accidents with vehicles or forklifts.
- Stress fracture. A hairline crack is often caused by repetitive force or overexertion and is common in physically demanding jobs.
Each type of fracture may require a different treatment plan, ranging from casting to surgical intervention, depending on the severity and location of the fracture.
What are the main causes of fractures at work?
Work-related fractures typically happen due to physical demands and hazards workers face in certain occupations and can sometimes be classified as catastrophic job injuries when severe. These injuries can result from a variety of causes, but the most common ways work-related fractures occur include:
- Slips, trips, and falls. Slipping on wet surfaces, tripping over obstacles, or falling from heights (such as ladders, scaffolding, or roofs) can result in various fractures, including wrist, arm, ankle, leg, hip, spinal, and skull fractures. The risks are especially high for those who work outside in bad weather.
- Falling objects. In jobs that require workers to work at heights or stack materials on high shelves, workers can be struck by falling tools, equipment, or materials, leading to fractures in the skull, hands, feet, or arms.
- Vehicle or equipment accidents. Workers operating heavy machinery or vehicles, such as forklifts or trucks, can suffer fractures from the impact of a work-related collision or after getting caught in machinery. These accidents can lead to severe bone breaks, especially in the legs, arms, or ribs, and can even lead to amputations.
- Overexertion or repetitive stress. Prolonged physical exertion, such as heavy lifting or repetitive motions, can cause stress fractures, particularly in the feet, legs, or arms.
- Manual handling of heavy loads. Lifting or carrying heavy loads, particularly without proper lifting techniques, can result in back, shoulder, and arm fractures, especially if the load is dropped or causes a fall.
- Assaults or physical violence. In jobs like law enforcement or health care, physical altercations can lead to skull, arm, and rib fractures from blows, falls, or physical assaults.
These types of accidents can often be prevented with proper training, safety protocols, and the use of personal protective equipment.
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Which workers have the highest risk of fractures?
While almost anyone could slip on a wet floor or trip over a rug at work and suffer a fracture, workers in physically demanding jobs or high-risk environments are most prone to fractures. Some of the workers more likely to suffer fractures include:
- Construction workers
- Warehouse and factory workers
- Health care workers (nurses, aides)
- Agricultural workers
- Roofers
- Grocery store and retail workers
- Restaurant and hospitality workers
- Ski resort workers
- Janitors and cleaners
- Truck drivers and delivery drivers
- Oil and gas workers
- Firefighters and rescue workers
- Law enforcement officers
- Loggers and tree trimmers
- Miners and excavation workers
- Utility workers
- Electricians
- Plumbers
- Carpenters and woodworkers
These jobs typically involve physical labor, heavy machinery or vehicles, working at heights, or hazardous environments, all of which increase the risk of fractures.
Can I receive workers’ comp for a broken bone in CO?
Yes, you can receive workers’ compensation for a broken bone in Colorado. Most employers in Colorado with 1 or more full- or part-time employees (not independent contractors) must provide workers’ compensation insurance, which covers occupational diseases and work-related injuries, including broken bones and fractures.
Eligible employees need to be able to prove that their injuries occurred at work to receive benefits, so it’s important to seek immediate medical attention if you suspect you’ve broken a bone to ensure it will be covered under workers’ comp.
What workers’ comp benefits can I get for a fracture?
Injured workers may be eligible for a few different types of workers’ comp benefits for a fracture, such as:
- Medical benefits. These cover all necessary medical treatments related to the fracture, including doctor visits, surgeries, medications, and physical therapy.
- Wage replacement benefits. These provide payments for a portion of your lost wages if the fracture prevents you from working or only allows you to work in a reduced capacity.
- Vocational rehabilitation benefits. These benefits provide assistance with job retraining or education if the bone fracture prevents you from returning to your previous job.
- Death benefits. If a fracture is so severe or leads to complications that result in a worker’s death, workers’ compensation provides benefits to the worker’s dependents, including funeral expenses and ongoing financial support.
The amount of compensation you ultimately receive for a broken bone will depend on its severity and how it impacts your ability to work.
According to the Bureau of Labor Statistics (BLS), the median number of days of missed work after a bone fracture is 31. In such cases, workers would be eligible for wage replacement benefits during that time equal to two-thirds of their average weekly wage, as well as medical benefits until their injury is healed (even if that occurs after they return to work) or until they reach maximum medical improvement (MMI).
For serious fractures that require extensive medical care and extended time off work, it’s highly recommended that you consult a local Denver work injury attorney for help estimating the full value of your claim before accepting a settlement offer from the insurance company.
What are the steps to file for workers’ comp in CO?
When you have a workers’ comp claim, you must take certain steps and adhere to strict deadlines; otherwise, your claim could be denied. The steps to file a workers’ comp claim in Colorado are as follows:
- Report your injury. You typically have 10 working days to notify your employer in writing. Exceptions can be made if you’re physically unable to do so due to your injury.
- Seek medical care. It’s crucial to seek immediate medical care so you have documentation linking your injury to your job. Always choose a provider from your employer’s approved list unless it’s an emergency.
- Employer reports injury. Your employer must report the injury to their insurance within 10 days and notify the Colorado Division of Workers’ Compensation if you’ve missed more than three days of work. You should also file form WC 15 “Worker’s Claim for Compensation” with the Colorado Division of Workers’ Compensation. This must be done within 2 years.
- Insurer’s decision. The insurance company has 20 days after being notified of your injury by your employer to accept or deny the claim.
If you receive a workers’ compensation claim denial, you have the right to appeal, but you should consult an experienced workers’ compensation attorney for guidance to ensure your rights are protected.
Get help with your Colorado workers’ comp claim after a serious fracture
If you’ve suffered a serious work-related fracture in Colorado, the skilled Denver workers’ compensation attorneys at The Babcock Law Firm can provide the legal guidance you need to ensure your claim is handled properly.
We can help you gather evidence to support your claim and negotiate with the insurer so you can feel confident that you’re getting the full benefits you’re entitled to. Whether you’re dealing with medical expenses, lost wages, or long-term recovery, our dedicated team will advocate for your best interests every step of the way.
Don’t let a work-related injury jeopardize your financial stability—contact The Babcock Law Firm today for a free consultation and take the first step toward securing the benefits you deserve.
References
Bureau of Labor Statistics. (2016). NONFATAL OCCUPATIONAL INJURIES AND ILLNESSES REQUIRING DAYS AWAY FROM WORK, 2015. https://www.bls.gov/news.release/archives/osh2_11102016.pdf