Learn about your rights to workers’ comp benefits and how to maximize your claim after breaking a bone at work in Great Falls
Suffering a broken bone at work in Montana is a painful and disruptive experience. In addition to the physical challenges, you may be facing medical bills, lost wages, and uncertainty about your future.
Fortunately, Montana’s workers’ compensation system is designed to provide financial and medical support to employees who are injured on the job, regardless of who was at fault for the accident.
This article will guide you through your rights to workers’ compensation benefits after a workplace injury that results in a fracture. We’ll answer common questions about the claims process, eligibility requirements, and the types of benefits available to you.
If you have additional questions or want help filing a claim, reach out and schedule a free consultation with one of our knowledgeable Great Falls work injury attorneys.
What is the difference between a fracture and a break?
Many people are surprised to learn that there is actually no difference between a fracture and a break. The two terms are used interchangeably to describe the same medical condition: a bone that has been cracked, splintered, or completely separated into two or more pieces.
Did you know?
On average, treating a broken leg can cost around $7,500. If hospitalization is required, the cost can soar by an additional $10,000 per day, making the financial impact of such an injury substantial.
What are the most common types of fractures?
There are different ways in which a bone can fracture. While no bone fracture is a “good” fracture, some are far more serious than others. Depending on the location and type of fracture, it’s possible for a broken bone to lead to tissue damage and impact the health of surrounding organs. In other cases, a broken bone can cause lifelong issues, such as impaired mobility or chronic pain.
Below are some of the most common types of bone fractures experienced in the workplace:
- Open fracture. An open fracture is when the bone breaks through the skin. Open fractures carry an increased risk of infection, both within the bone and surrounding tissues.
- Closed fracture. A closed fracture is when the bone breaks but does not break through the skin.
- Comminuted fracture. A comminuted fracture occurs when the bone is shattered into multiple pieces, commonly called a “shattered bone.”
- Displaced fracture. A displaced fracture describes a fracture in which the bone breaks in 2 or more places, causing the fractured ends to become misaligned.
- Non-displaced fracture. A non-displaced fracture is a fracture in which the bone may break partially or fully but remains aligned.
It’s important to keep in mind that the full extent of a fracture may not always be immediately apparent. Even with appropriate treatment, unexpected complications can occur that prevent a broken bone from healing properly, potentially leading to chronic pain or mobility issues down the line.
Because of this, it’s crucial to resist accepting a quick settlement offer from the workers’ comp insurer before you’re fully aware of the long-term implications of your injury. Consulting with an experienced workers’ compensation attorney can help ensure you receive the compensation you need to cover all potential medical expenses and lost wages.
Which workers are most at risk of fractures?
Workers in a variety of industries are at risk of fractures at work, but one study found that incidence rates are highest in the agricultural sector, followed closely by the mining, construction, and manufacturing sectors.
Below, we outline some of the reasons why certain workers have a higher risk of these injuries:
- Agricultural workers. Agricultural workers frequently engage in physically demanding tasks such as operating heavy machinery, handling livestock, and performing repetitive motions. These activities increase the likelihood of accidents like falls from equipment, getting trampled by animals, or sustaining injuries from machinery.
- Mining workers. Miners are exposed to numerous risks, including cave-ins, falling rocks, and accidents with heavy mining equipment. The physically strenuous and dangerous nature of mining operations makes fractures a common injury in this industry.
- Manufacturing and warehouse workers. Workers in manufacturing and warehouse environments face hazards from forklifts and other machinery, heavy lifting, and slippery or cluttered work areas. Fractures can occur from being caught in or struck by machinery, lifting heavy objects, or slip and fall accidents.
- Construction workers and roofers. Construction sites are inherently hazardous due to the presence of heavy machinery, working at heights, and handling tools and materials. Common causes of fractures include falls from ladders or scaffolding, being struck by falling objects, and machinery accidents.
- Transportation workers. Transportation workers, including truck drivers and delivery personnel, are at high risk of fractures due to vehicular accidents, loading and unloading cargo, and falls from heights like truck beds or loading docks.
- Health care workers. Nurses, aides, and other health care professionals are also at significant risk of broken bones from lifting and moving patients, slipping and falling in hectic or hurried environments, as well as violence from combative patients or their families.
Understanding the specific risks associated with these industries helps employers implement safety measures and protocols to reduce the incidence of fractures and improve overall workplace safety.
Montana Workers’ Compensation FAQ
Get answers to the most commonly asked questions about workers’ compensation in Montana.
What happens if you break a bone at work?
If you break a bone at work in Montana, you have the right to file a workers’ compensation claim. Workers’ compensation is a type of insurance that almost all employers with even 1 full- or part-time employee are required to carry.
Workers’ comp provides benefits to employees who are injured on the job, regardless of who was at fault for the accident. This means that even if you made a mistake that led to your injury, in most cases, you’re still entitled to benefits.
However, to be eligible for workers’ compensation, you must be an employee of the company, not an independent contractor, and you must be able to prove that your injury is work-related, meaning it happened at work or while you were performing your work duties.
What types of benefits am I eligible to receive after a fracture at work?
Workers’ compensation typically provides the following types of benefits after a broken bone or any other work-related injury or occupational disease:
- Medical benefits. This includes all reasonable and necessary medical treatment related to your broken bone, including doctor’s visits, hospital stays, medications, surgeries, and physical therapy.
- Wage replacement benefits. These benefits provide a portion of your lost wages (typically two-thirds) while you’re unable to work due to your injury.
- Vocational rehabilitation benefits. If your injury prevents you from returning to your previous job, these benefits help you obtain the training and support needed to secure a new position suited to your physical capabilities. This may include career counseling, job placement assistance, and retraining programs to ensure you can continue working in a different capacity.
- Death benefits. If a fracture leads to complications, like a severe infection or a blood clot, that ultimately result in a worker’s death, their dependents are entitled to benefits for lost income and funeral expenses.
It’s important to know, however, that you don’t automatically receive these benefits after an injury. If you break a bone at work, you must report the injury to your employer—verbally within 30 days and in writing within 1 year—and seek medical care to diagnose and treat your injury. Failure to follow these crucial steps could result in a denied claim.
After you report your injury, your employer is then required to file a workers’ compensation claim with their insurance carrier on your behalf.
If you run into problems during the claims process or have questions about the benefits you’re entitled to, you should discuss your case with a workers’ compensation attorney.
How long should you be off work with a fracture?
How much time you’ll need to be off work for a fracture depends on the severity and location of the injury as well as your overall health.
Generally, minor fractures often heal within 6 to 8 weeks, while more severe fractures can take up to 6 months to recover and, in rare cases, even longer. It’s crucial to follow your doctor’s recommendations for rest and rehabilitation to ensure proper healing and avoid complications.
Is a broken bone a permanent injury?
While most broken bones heal completely, some can lead to permanent impairment or long-term complications like chronic pain, reduced mobility, or arthritis, which might affect a person’s ability to perform certain job functions.
This is more likely with severe fractures or fractures that involve joints. If a broken bone results in a permanent disability that affects your ability to work, you may be entitled to permanent total disability (PTD) benefits or permanent partial disability (PPD) benefits through workers’ compensation, depending on the extent of the injury.
Get help from an experienced Montana work injury attorney
If you’ve suffered a serious fracture at work in Montana, the road to recovery can be long and challenging, but you don’t face it alone. The experienced Great Falls workers’ compensation attorneys at Murphy Law Firm are here to fight for your rights and ensure you receive the full compensation you deserve.
With over 75 years of combined experience, our team understands the complexities of workers’ compensation law and the tactics insurance companies use to minimize payouts. We will meticulously calculate your long-term medical expenses, lost wages, and other damages to ensure you receive the maximum benefits you’re entitled to.
Don’t settle for less than you deserve. Before accepting any settlement, contact Murphy Law Firm today for a free consultation. Let our skilled attorneys handle the legal complexities while you focus on healing and rebuilding your life.
References
Healthcare.gov. (2019). Health coverage protects you from high medical costs. HealthCare.gov. https://www.healthcare.gov/why-coverage-is-important/protection-from-high-medical-costs/
Islam, S., Biswas, R. S., Nambiar, A. M., Girija Syamlal, Velilla, A. M., Ducatman, A. M., & Doyle, E. J. (2001). Incidence and Risk of Work-Related Fracture Injuries: Experience of a State-Managed Workers’ Compensation System. Journal of Occupational and Environmental Medicine, 43(2), 140–146. https://doi.org/10.1097/00043764-200102000-00013
