Colorado Workers’ Comp for Tractor Accidents, Injuries & Death
Learn if you qualify for CO workers’ comp after a tractor accident in Denver and how to maximize your compensation
Working on a farm means long hours and hard work, and unfortunately, sometimes accidents happen. Tractor accidents are a leading cause of catastrophic injuries and death among farmworkers in Colorado and throughout the U.S. These powerful machines, while essential to the job, can become incredibly dangerous in the blink of an eye.
If you’ve been injured in a tractor accident at work in Denver, it’s important to know that you have rights. This article will explain the common dangers of tractor work, how these accidents typically happen, and, crucially, how you can access the workers’ compensation benefits you’re entitled to so you can recover and get back on your feet.
If you have individual questions about your rights to benefits or need help filing a workers’ comp claim or appealing a denial, reach out to the experienced Denver workers’ compensation lawyers at Babcock Tucker.
What causes most farm tractor accidents and fatalities?
Farming is one of the most dangerous occupations in the U.S., with tractor overturns being the most common cause of fatal incidents among farmworkers. These result in approximately 130 deaths annually, according to the Occupational Safety and Health Administration (OSHA). These accidents typically occur when a tractor tips over sideways or backward, leaving operators little to no time to react or escape.
Most modern tractors are now equipped with rollover protective structures (ROPS), which have been found to be up to 99% effective at preventing serious injuries and fatalities in overturn accidents when used with seatbelts. While older tractors may not have ROPS, most can be retrofitted with an ROPS system (such as a roll bar or cage) to improve safety.
In addition to overturns, other common tractor hazards include:
- Power take-off (PTO) entanglement. The PTO shaft transfers power from the tractor to other equipment, but when left unguarded, it can catch loose clothing, hair, or body parts, leading to severe injuries or even fatalities. Workers should always ensure PTO guards are in place and avoid wearing loose clothing around operating machinery.
- Sudden or jerky movements. Making sharp turns, abrupt stops, or sudden gear changes can destabilize the tractor, especially when carrying a load.
- Unsafe terrain and speed. Operating tractors near ditches, embankments, or steep slopes increases the risk of loss of control or tipping. Driving too fast, especially on rough, wet, or muddy surfaces, can also lead to accidents.
- Lack of training and safety precautions. Many accidents happen because operators are not properly trained in safe tractor operation. Employers should provide annual training and encourage workers to always follow equipment safety protocols.
Common injuries caused by tractor accidents
According to the Centers for Disease Control and Prevention (CDC), between 2021 and 2022, about 21,020 agricultural workers suffered injuries that were severe enough to require time off work. Given that farm accidents are frequently underreported, many more farmworkers are likely injured every year on the job.
Common injuries farmer workers sustain during tractor accidents and other work-related incidents include:
- Crush injuries. These accidents can lead to broken bones and severe damage to muscles, nerves, and internal organs. Crush injuries frequently occur when a worker is pinned under an overturned tractor or stuck between a tractor and another object.
- Limb injuries. Arms and legs can become entangled in tractor machinery or parts, like power take-off (PTO) shafts, or may be crushed in a rollover accident or a collision, leading to fractures, dislocations, or amputations.
- Spinal cord injuries. Falls from tractors or involvement in rollovers can cause damage to the spinal cord, potentially leading to partial or complete paralysis.
- Head and brain injuries. Being thrown from a tractor during an accident or rollover or being struck by equipment can result in traumatic brain injuries (TBIs) and head trauma (like brain bleeds), which may have long-term effects on thinking and movement.
- Burn injuries. Fires or explosions due to fuel leaks, electrical malfunctions, or serious work-related vehicle collisions can result in severe burns and disfigurement.
Fortunately, most Colorado farmworkers who are injured in tractor accidents are eligible for workers’ compensation benefits to support them during their recoveries.
The CO Workers’ Comp Claim Process: From Initial Filing to Appeal
Did you know that in most cases, you only have 10 days to report an injury to your employer to qualify for workers’ comp? Learn what else you need to do to successfully file a workers’ comp claim in Colorado.
Can farmworkers receive workers’ comp in Colorado after a tractor accident?
Yes, Colorado farmworkers are typically entitled to workers’ comp benefits if they sustain injuries while performing their job duties, including during tractor accidents. The state requires almost all employers with at least 1 full- or part-time employee to provide workers’ compensation coverage. This means that most agricultural employees and seasonal workers in Colorado are eligible for workers’ comp.
If injured on the job, farmworkers in Colorado may receive various types of workers’ comp benefits, including:
- Medical benefits that cover all necessary treatments, appointments, medications, and related supplies
- Wage replacement benefits covering two-thirds of their average weekly wage during recovery
- Vocational rehabilitation benefits if their injury prevents them from resuming their job duties and they need job retraining
- Death benefits to support their dependents in the event of a fatality
An essential aspect of workers’ comp insurance is that it operates as a no-fault insurance system, meaning injured workers do not need to prove their employer was at fault to receive these benefits.
However, it’s important to be aware that certain workers’ comp exemptions do exist. For example, independent contractors are typically exempt, but misclassification can occur. If you believe that you’ve been wrongly classified as an independent contractor after an injury on the job, seek advice from a local Colorado workers’ compensation attorney who can help determine your eligibility for benefits.
What if my tractor injury was caused by a third party?
If you’ve been injured on the job in Denver due to a negligent third party—such as a parts manufacturer or another driver—you may be able to file a personal injury lawsuit against that third party in addition to receiving workers’ comp benefits.
However, unlike workers’ comp claims, personal injury claims require you to prove that the third party directly caused your injury. If successful, you may be able to obtain compensation that isn’t available through workers’ comp, like personal injury damages for pain and suffering, emotional distress, and full lost wages.
These claims can be rather complicated, so it’s best to seek help from a personal injury attorney in Colorado with experience in work injury claims involving third parties to ensure you pursue all possible legal avenues of compensation available to you.
Have you been hurt in a tractor accident in Colorado? Babcock Tucker can help!
If you or a loved one has been seriously hurt or killed in a tractor accident at work in Colorado, reach out to Babcock Tucker. Our highly skilled attorneys specialize in workers’ compensation and personal injury cases, so we can provide you with the comprehensive legal guidance you need to effectively navigate your case and maximize your compensation.
Contact our office today to schedule a free consultation to learn more about how we can help you and your family get the compensation you deserve.
References
CDC. (2024, December 5). Agriculture Worker Safety and Health. Agricultural Safety. https://www.cdc.gov/niosh/agriculture/about/index.html
Great Plains Center for Agricultural Health. (2014, January). Tractor Overturns | Great Plains Center for Agricultural Health. Tractor Overturns. https://gpcah.public-health.uiowa.edu/tractor-overturns/
U.S. Department of Labor. (n.d.). Protecting Agricultural Workers from Tractor Hazards.https://www.osha.gov/sites/default/files/publications/OSHA3835.pdf
