Weld County Agriculture Injuries: Amputations, Crush Injuries, and Why ‘Light Duty’ Can Be a Legal Trap
The dangers of farm work lead to an injury rate in this profession that is much higher than that in other occupations. An experienced Aurora workers’ compensation attorney at The Frickey Law Firm can help you navigate the legal landscape if you have been hurt on the job.
Colorado law allows you to receive workers’ compensation benefits when you have been injured on the job. Since crush injuries and amputations result in substantial and lasting damage, it follows that your claim could have considerable value. Still, you must be on the lookout for traps that can keep you from receiving all of the benefits that you are due, such as an order to return to work on light duty.
If you are an agricultural worker who has been injured on the job, you are left to deal with a complex legal system and an insurance company that acts in its own interests. When you get legal help from an experienced workers’ compensation lawyer in Colorado at The Frickey Law Firm, you have someone in your corner who puts you first. Call our attorneys at 303-237-7373.
Dangers of Crush and Amputation Injuries in the Farming Industry
Agricultural work is extremely dangerous, with a very high reported injury rate. From 2021 to 2022, there were over 20,000 reported farmworker injuries, and many more went unreported. Since farmworkers often use heavy and sharp machinery, they are even more at risk of both crush injuries and the potential loss of a limb.
Crush injuries are extremely dangerous, and they can even be life-threatening. When any part of the body is compressed by a heavy object, it can result in severe damage to:
- Muscles
- Bones
- Nerves
- Blood vessels
Crush injuries have the potential to cause lasting damage to the body part that was involved. An injured farmworker can lose the use of a limb due to a crush injury. If the injury is severe, it may even lead to amputation.
Crush injuries also have the potential to result in compartment syndrome, which can cut off circulation and lead to permanent damage. These injuries can also lead to permanent kidney damage and even death.
Farm Workers also face the risk of amputation, either due to severe damage to a limb or one that is cut off in a machinery accident. Research has shown that Farm Workers have a risk of amputation that is more than double that of the average worker. Another study found that roughly 10% of injuries that farmworkers sustain will result in the amputation of a limb.
An agricultural worker who either has a limb severely damaged or loses it entirely has long odds of being able to work again in any type of physical labor. In addition, they may need prolonged medical care and rehabilitation to help them to adjust to life after their injury.
Workers’ Compensation for Farmworker Injuries
Colorado law requires that employers purchase workers’ compensation Insurance to provide coverage for their employees who are injured on the job. It does not matter whether the affected worker is legally present in the United States. If one has been injured on the job, they have the legal right to file a workers’ compensation claim. The insurance company must grant the claim if the injury that the farm worker has suffered is job-related. Workers’ compensation benefits last for as long as the injured worker needs medical care. The lost wages portion of a worker’s compensation claim endures for as long as the disability keeps the employee from being able to work, up to the amount of a statutory cap. Farmworkers who have suffered crush injuries or amputation may be out of work for an extended period of time, if they are even able to work at all.
The “Light Duty” Trap for Injured Agricultural Workers
After you have reached the point of maximum medical improvement, you may be told that you must report back to work, albeit on “light duty.” Presumably, you would not need to perform the work that you did before you were injured, but you would be given other duties that are more suitable for someone in your health circumstances. Employers often use light duty as a trap to undermine your workers’ compensation claim. It is difficult to imagine any task that a farm worker could perform that may truly be light duty. If you refuse to return to work on light duty, it may jeopardize your continuing eligibility for benefits. It is essential that you either fight back when you believe that you are not yet able to return to work, or you document medical issues that you have
Contact an Aurora Workers’ Compensation Law Firm
You should never take any chances when it comes to the benefits you need after being hurt on the job. Schedule a free initial consultation with an experienced Colorado workers’ compensation lawyer at The Frickey Law Firm by visiting our website or by calling us today at 303-237-7373.
Attorney Janet Frickey wants to do the right thing. An impassioned litigator and client advocate for more than 40 years, Ms. Frickey is the owner and managing attorney of The Frickey Law Firm who focuses in workers’ compensation and personal injury. Learn more here.