Workers’ Compensation for Broken Bones
One moment, you are performing your job on a construction site in Auburn, stocking shelves in a warehouse, or walking through a busy restaurant kitchen. The next, a sudden slip, a fall from a height, or the impact of heavy machinery changes everything. The sharp, intense pain of a broken bone is unmistakable. It is one of the most common and debilitating injuries that can happen on the job.
A work-related fracture means more than just a trip to the emergency room at East Alabama Health. It signifies the start of a challenging journey involving medical treatments, potential surgery, long and painful rehabilitation, and significant time away from work. While you are trying to heal, you are also abruptly forced to deal with a complex workers’ compensation system, insurance adjusters, and the mounting pressure of lost income. For workers in Auburn and throughout Lee County, navigating this process alone can be overwhelming.
What Makes a Broken Bone a Valid Workers’ Compensation Claim?
For a broken bone to be covered by workers’ compensation in Alabama, it must meet a specific legal standard. The injury must “arise out of and in the course of employment.”
This legal phrase has two key parts:
- In the Course of Employment: This means the injury must have happened while you were performing your job duties. You were on the clock, at your designated work location (or another location your employer required you to be), and doing something to benefit your employer.
- Arising Out of Employment: This means the injury was caused by a risk associated with your job. A fall from scaffolding, a slip on a greasy kitchen floor, or a hand crushed in machinery are all risks that “arise out of” those specific jobs.
If both of these conditions are met, your injury should be covered. Alabama’s workers’ compensation system is a “no-fault” system. This means you do not have to prove your employer was negligent or that someone else was at fault to receive benefits. Even if the accident was partially your fault, you are typically still entitled to benefits.
Common Types of Workplace Fractures
The term “broken bone” can describe a wide range of injuries, from a minor crack to a catastrophic break. The type and location of the fracture will heavily influence your treatment, recovery time, and the value of your claim.
Doctors often classify fractures in several ways:
- Simple (or Closed) Fracture: The bone is broken, but the skin remains intact.
- Compound (or Open) Fracture: The broken bone pierces the skin, creating an open wound. These carry a very high risk of infection and require immediate, aggressive medical treatment.
- Comminuted Fracture: The bone shatters into three or more pieces. These are severe injuries, often caused by high-impact trauma like a major fall or crush accident, and almost always require surgery.
- Greenstick Fracture: The bone bends and cracks on one side but does not break all the way through. This is more common in children but can occur in adults.
- Stress Fracture: A small crack in a bone, often developing over time from repetitive stress and overuse rather than a single traumatic event. This can be common in jobs that require constant walking or lifting.
- Avulsion Fracture: A small piece of bone attached to a tendon or ligament gets pulled away from the main bone.
Common locations for workplace fractures include the wrists and hands, arms (humerus, radius, ulna), ankles, legs (tibia, fibula, femur), hips, ribs, and vertebrae (spinal fractures).
Which Auburn Industries Have a High Risk for Broken Bones?
While a fracture can happen in any job, certain industries in Auburn and the surrounding Lee County area present a heightened risk due to the nature of their work.
- Construction: This is one of the most hazardous professions. Falls from ladders, scaffolding, or roofs are a primary cause of severe fractures. Workers can also suffer broken bones from being struck by objects or in heavy equipment accidents.
- Manufacturing and Industrial Plants: Workers in local plants face daily risks from heavy machinery (crush injuries), forklift accidents, and slip and falls on production floors slick with oil or other substances.
- Healthcare: Staff at hospitals and nursing homes, including East Alabama Health, have physically demanding jobs. They risk fractures from falls on freshly mopped floors or while lifting and repositioning patients.
- Restaurants and Food Service: The fast-paced environment of a commercial kitchen is a common site for slip and fall accidents on wet or greasy floors, often resulting in broken arms, wrists, or ankles.
- Warehousing and Retail: Employees in warehouses or large retail stores can suffer fractures from falling objects, ladder falls while stocking high shelves, or accidents involving pallet jacks.
What Steps Should You Take Immediately After Breaking a Bone at Work?
The actions you take in the minutes and hours after your injury are vital for both your physical health and your legal rights.
- Report the Injury Immediately: Notify your supervisor, manager, or HR department about the accident right away. Alabama law gives you a very short window to report an injury (generally five days), but waiting even a day can give the insurance company a reason to be suspicious. Ask to fill out a formal accident report and get a copy for your records.
- Seek Immediate Medical Attention: This is the most important step. A broken bone is a medical emergency. If it is severe, call 911 or go to the nearest emergency room. For any work injury, your employer should direct you to an authorized doctor or clinic for treatment.
- Clearly State the Work Connection: When you see the doctor, tell them exactly what happened. Say, “I was at work, I fell from a ladder, and I think my arm is broken.” This creates a medical record that links your injury to your employment from the very beginning.
- Document Everything: As soon as you are able, write down every detail you remember about the accident. What were you doing? Where were you? What time did it happen? Who saw it? Get the names and contact information of any witnesses. If you can safely do so, take pictures of the accident scene (the spill, the broken ladder, etc.).
- Follow All Medical Advice: This is not optional. You must follow your authorized doctor’s treatment plan. Attend all follow-up appointments, go to every physical therapy session, and take your medications as prescribed. Failure to do so can be used by the insurance company to argue your injury is not that serious or that you are not trying to get better, which can lead to a denial of benefits.
What Benefits Are Available for a Work-Related Fracture?
If your workers’ compensation claim for a broken bone is approved, you are entitled to specific benefits under the Alabama Workers’ Compensation Act. These benefits are designed to cover your medical bills and replace a portion of your lost income.
- Full Medical Care: Your employer’s insurance must pay for 100% of all medical treatment that is reasonable and necessary to treat your fracture. This includes emergency room visits, specialist consultations, X-rays and MRIs, surgery (including pins, plates, or rods), casts, physical therapy, pain medication, and even mileage reimbursement for traveling to and from your appointments.
- Temporary Total Disability (TTD) Benefits: If your authorized doctor takes you completely out of work to recover, these benefits pay you a portion of your lost income. TTD is calculated as two-thirds (66 2/3%) of your “average weekly wage” (AWW), subject to a state maximum.
- Temporary Partial Disability (TPD) Benefits: If your doctor clears you to return to “light-duty” work, but you earn less than you did before the injury (for example, working fewer hours or in a lower-paying role), TPD benefits can pay two-thirds of the difference between your old and new wages.
- Permanent Partial Disability (PPD) Benefits: After your doctor determines you have reached “maximum medical improvement” (MMI), meaning your fracture has healed as much as it is going to, you will be evaluated for a permanent impairment. If the broken bone results in a permanent loss of strength, range of motion, or chronic pain, your doctor will assign an impairment rating. This rating is used to calculate a lump sum or scheduled payments to compensate you for that permanent loss.
- Permanent Total Disability (PTD) Benefits: In the most catastrophic cases for example, a severe spinal fracture that results in paralysis where the injury permanently prevents you from returning to any form of gainful employment, you may be eligible for long-term wage replacement benefits.
The Unique Challenges of Broken Bone Claims
While a broken bone might seem like a straightforward injury, these claims are often challenged by insurance companies looking to minimize their payout.
- Disputes Over Causation: The insurer might argue the fall was not work-related or that you were engaged in horseplay.
- Pre-Existing Condition Arguments: If you had a previous injury to that same limb, the insurer will almost certainly try to blame your pain on that old condition rather than the new workplace accident.
- Denial of Surgery: The insurance adjuster may dispute the doctor’s recommendation for surgery, claiming a less expensive treatment (like just a cast) is sufficient, and force you to get a second opinion.
- Low Impairment Ratings: The doctor chosen by the insurance company may assign a very low (or zero) permanent impairment rating, even if you are left with significant pain, weakness, or a limp. This directly reduces the amount of PPD benefits you receive.
- Premature Return to Work: The insurer may pressure the doctor to release you back to full duty before your bone has fully healed or before you have completed physical therapy, putting you at risk of re-injury.
- Ignoring Future Medical Needs: A severe fracture, especially one that requires surgical hardware or damages a joint, can lead to a high likelihood of future arthritis or the need for a second surgery to remove the hardware. A proper claim settlement should account for these future medical costs.
What Happens When You Reach Maximum Medical Improvement (MMI)?
This is a key milestone in any workers’ compensation case. Maximum Medical Improvement (MMI) is the point at which your authorized physician determines that your broken bone has healed as much as it is expected to. This does not mean you are 100% back to normal; it simply means your condition has stabilized and further treatment is unlikely to improve it.
Once you reach MMI, two things happen:
- Your Temporary Total Disability (TTD) benefits (wage replacement) will stop.
- Your doctor will evaluate you for permanent impairment.
The doctor will use the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment to assign a percentage rating to your injured body part (e.g., “a 10% impairment to the arm”). This rating is the basis for your PPD benefits. It is very common for the insurance company’s doctor to provide a low rating. You have the right to get a second opinion on this rating, which can be a critical step in getting fair compensation.
Contact Our Auburn, AL Workers’ Compensation Attorney
A broken bone from a workplace accident can disrupt your entire life. While you should be focused on healing, you are instead forced to worry about unpaid bills, skeptical adjusters, and your future job security. If you have suffered a work-related fracture in the Auburn area, please contact Matt White, Attorney. We are prepared to handle the legal complexities of your case, from ensuring you get the medical treatment you need to fight for the full disability benefits you are owed. We will manage the legal battle so you can dedicate your energy to your recovery.
Reach out today at 334-431-3777 for a free, confidential consultation to discuss your case and learn how we can help protect your rights.
Frequently Asked Questions (FAQs) About Workplace Shoulder Injuries
How long do I have to report my broken bone to my employer in Alabama?
You should report it immediately. Under Alabama law, you generally have only five days to provide written notice to your employer after an accident. If you wait longer, your employer’s insurance company can use “late notice” as a reason to deny your entire claim.
Can I see my own family doctor for a work-related fracture?
In Alabama, your employer’s workers’ compensation insurance carrier generally has the right to choose the doctor who treats you (the “authorized physician”). To ensure your medical bills are paid, you must see their doctor. If you are unhappy with the care you are receiving, you may have the right to request a one-time change to a different doctor from a panel of four selected by your employer, but this process can be difficult to navigate without legal assistance.
What if my claim for a broken bone is denied?
A denial is not the end of the road. Insurance companies deny claims for many reasons, often technical ones. You have the right to appeal this decision and file a claim in court. This is a point where having a seasoned workers’ compensation attorney becomes essential to gather the medical evidence and witness testimony needed to fight the denial.
Can my employer fire me for filing a workers’ comp claim for my fracture?
No. It is illegal in Alabama for an employer to terminate you in retaliation for filing a workers’ compensation claim. If you are fired shortly after reporting your injury, you may have a separate legal claim for retaliatory discharge against your employer.
Can my employer fire me for filing a workers’ comp claim for my shoulder injury?
No. It is illegal in Alabama for an employer to fire you in retaliation for filing a workers’ compensation claim. If you suspect you were terminated for this reason, you may have a separate legal claim for retaliatory discharge against your employer.
Will I get a settlement for my broken bone?
If your fracture results in a permanent impairment, you are owed PPD benefits. This is often paid as a lump-sum settlement. You may also be able to settle the “future medical” portion of your claim, which would provide you with a lump sum to manage your own medical care related to the injury for the rest of your life. Deciding whether to settle is a major financial decision that should be discussed with a knowledgeable attorney.
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