Workers' Compensation Lawyers in Colorado
As an employee, you rely on your paycheck, but what happens if you’re injured or become ill because of your job? In Colorado, you are generally covered by workers’ compensation, which is designed to offer benefits if you suffer an on-the-job injury or occupational illness.
The problem is that many hard-working people in Denver, Boulder, and other communities find that they have trouble accessing their benefits when they need them—even when they have a legitimate claim. If your employer or their insurance company is not treating you fairly, contact Flaxman Law Group at 970-999-0530 to speak with workers’ compensation lawyers in Colorado who may be able to help.
What is Workers’ Compensation?
Workers’ compensation is an insurance program that, by state law, is required for most employees. This insurance is paid for by your employer and provides financial support and medical benefits if you are injured or become ill while performing your job duties.
In Colorado, workers’ compensation is designed to ensure that employees receive the care and compensation they deserve without having to prove fault or negligence. This system protects both workers and employers by offering a streamlined way to handle workplace injuries and illnesses, avoiding the need for lengthy lawsuits.
How Can a Workers’ Compensation Attorney Help?
While worker’s comp is designed to provide support, it often involves complex paperwork, strict deadlines, and potential challenges from insurance companies. Workers’ compensation lawyers in Colorado may be able to help you when insurance companies offer low settlements or try to deny claims outright. A lawyer will fight to make sure you receive the compensation you are entitled to.
Sometimes, employers or insurance companies dispute the severity of your injury, deny your claim, or offer inadequate compensation. A workers’ compensation attorney can represent you in hearings, appeals, or negotiations to make sure you get the benefits you deserve.
How Does Workers’ Compensation Work in Colorado?
In Colorado, workers’ compensation is designed to provide financial and medical support without the need to prove fault or negligence. When you become an employee, your employer is required by law to carry this type of insurance on your behalf.
Only a few types of workers are exempt from coverage in Colorado. Your employer may not need to carry coverage for you if you’re a ski volunteer, independent contractor, casual farm laborer, domestic worker with limited hours. There are also a few other exceptions.
If you are injured on the job, you need to report your injury to your employer within 4 days of the incident. After reporting the injury, you should seek medical attention. In Colorado, your employer has the right to direct you to an authorized treating physician. However, if you require urgent care or emergency treatment, you can visit a medical provider of your choice.
Once you’ve reported your injury, your employer will file a workers’ compensation claim with their insurance company. If the claim is accepted, the insurance company will cover your medical expenses, wage replacement, and other benefits related to your injury or illness. If your employer refuses to file the claim or delays the process, a workers’ compensation lawyer can step in to ensure your claim is properly submitted.
Disputes and Denials: Sometimes, insurance companies may deny claims or offer insufficient compensation. If this happens, you have the right to dispute the decision through hearings or appeals. In Colorado, disputes are handled by the Division of Workers’ Compensation.
What Can You Receive in Workers’ Compensation?
In Colorado, the benefits you can receive are based on the nature and severity of your injury or illness. Depending on your situation, you may receive:
- Medical benefits. This should cover all necessary treatment related to your injury or illness, including doctor visits, hospital stays, surgeries, prescription medications, physical therapy, and other necessary treatments. In Colorado, your employer’s insurance carrier typically directs you to an approved healthcare provider, but you can seek emergency treatment if necessary. Ongoing care, including rehabilitation or therapy, may also be covered if deemed medically necessary.
- Temporary disability benefits. If you cannot work due to your injury, you may qualify for temporary total disability benefits. These benefits typically replace two-thirds of your average weekly wage before the injury, up to a cap (this is set by the state). If you can return to work but are earning less because of injury limitations, workers’ compensation benefits will make up the difference. Temporary disability benefits are provided while you are recovering and unable to work, and they continue until you are able to return to your job or reach maximum medical improvement (MMI).
- Permanent disability benefits. If your injury or illness results in permanent impairment, you may be eligible for permanent disability benefits. These benefits are available for both permanent partial disability (PPD) and permanent total disability (PTD). The amount you receive depends on the severity of your disability and your ability to return to work.
- Death benefits. If a worker dies as a result of a workplace injury or illness, their family may be entitled to death benefits under Colorado workers’ compensation. This includes biweekly financial support for surviving dependents who relied on the deceased worker’s income.
- Travel expenses. Workers’ compensation also covers travel expenses if you need to travel for medical treatments related to your injury or need to travel to pick up medication or supplies you need for your injury.
Each workers’ compensation case is unique, and the benefits you are entitled to depend on the specifics of your situation. If you’re uncertain whether the benefits you’re being offered are all that you are eligible for or if you need help maximizing the benefits available to you, consult with a workers’ compensation lawyer.
What Should You Do if You’re Hurt at Work?
If you’re injured while on the job, it’s crucial to act quickly. Here’s what you should do:
- Report the injury immediately. As soon as you are injured, notify your employer. In Colorado, you have 4 days to report the injury, though sooner is better. Be as detailed as possible when describing the circumstances surrounding the injury, and make sure to document when and how the incident happened.
- Seek medical attention. If you need emergency care, you can go to your local ER or call 911. Otherwise, your employer has the right to direct you to an authorized treating physician. It’s important to follow the doctor’s advice and keep detailed records of all medical visits, prescriptions, and treatments.
- Document as much as you can. Write down the details of the incident, including where and how it happened, the names of any witnesses, and the treatment you receive. Keep track of all medical bills, prescriptions, and appointment dates. If you experience any difficulties with your recovery, note these as well. Your documentation will support your claim.
If you encounter any difficulties in the process, such as delays, disputes over the severity of your injury, or denials of coverage, consult with an experienced workers’ compensation attorney. A lawyer can help you seek your rightful benefits.
How Do You File a Workers’ Compensation Claim?
Once you’ve reported the injury and sought medical treatment, your employer will file a workers’ compensation claim with their insurance provider. However, if your employer does not file the claim you have the right to file a claim directly with the Colorado Division of Workers’ Compensation (DWC). A workers’ compensation lawyer can help ensure that the paperwork is completed accurately and on time.
It’s critical that you adhere to your doctor’s treatment plan and attend all medical appointments. Failure to follow prescribed treatments or miss medical visits could lead to delays in your claim or a reduction in benefits. If your doctor recommends time off from work, make sure you have a clear record of these recommendations to support your case.
If your injury prevents you from working, you may be entitled to temporary disability benefits. Keep a record of the days you miss from work and the wages you lose as a result.
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What Are the Common Causes of Workplace Accidents?
Workplace injuries can occur in any profession, from office jobs to manual labor. While the specific kinds of injuries can vary depending on your industry, some of the most frequent workplace injuries and accidents in Colorado overall include:
- Falls. Slips, trips, and falls can happen in almost any environment, whether due to wet floors, cluttered walkways, uneven surfaces, or poor lighting. In addition, any time employees work on a scaffold, ladder, or height, they risk falls. Injuries from these accidents can range from minor bruises to serious fractures, head trauma, or even spinal injuries.
- Overexertion. Workers in physically demanding jobs—such as construction, healthcare, or manufacturing—are especially prone to these types of injuries, which can result from lifting heavy objects, repetitive motions, or sudden twists. However, overexertion and improper lifting techniques can put even office workers at risk of sprains and strains.
- Repetitive motion. Jobs that involve repetitive tasks, such as typing, assembly line work, or even certain types of lifting, can lead to conditions like carpal tunnel syndrome, tendonitis, bursitis, and other repetitive motion injuries. These injuries develop over time due to constant stress on the same muscle groups or joints and can be debilitating if left untreated.
- Machinery and equipment. Workers who operate heavy machinery are at risk of accidents involving equipment malfunction, improper use, or inadequate training. These accidents are common on construction sites and can cause severe injuries such as cuts, burns, amputations, and blunt force trauma.
- Motor vehicles. For employees who drive as part of their job, such as delivery drivers, truck drivers, or salespeople, motor vehicle accidents are a common risk. Car accidents, collisions, and rollovers can lead to injuries ranging from minor cuts to severe trauma.
- Exposure. Workers in almost all workplaces may be exposed to harmful chemicals, mold, asbestos, fumes, or biological hazards. Prolonged exposure to these materials can lead to respiratory problems, burns, poisoning, or even long-term conditions like cancer.
- Hot surfaces and chemicals. In workplaces where employees handle hot surfaces, liquids, or chemicals, burns are a significant concern. Burns can occur in environments like kitchens, factories, or laboratories, and they can range from mild to severe.
- Objects falling from heights. In almost all workplaces, heavy objects can be stored overhead. For example, in an office paper for the photocopier can be stored on a high shelf. In a store, inventory can be kept on shelves, too. When any of these items fall, they can cause traumatic brain injury and other serious injuries.
- Workplace infrastructure. Sometimes, older workplaces may be poorly maintained or may have design flaws that make trips and falls and other injuries more likely. For example, older buildings may have floor tiles or ceiling tiles that may come loose and fall on workers.
- Inadequate security. Another common cause of workplace injury is inadequate safety measures, which can allow crime and harassment to take place, which can lead to anxiety, depression, or post-traumatic stress disorder (PTSD).
Under Colorado’s workers’ compensation system, you don’t have to prove that your employer was negligent to get benefits that cover medical treatment, lost wage benefits, and compensation for long-term disability. However, you may have a third-party claim if someone else caused your injuries—for example, if you’re injured because of faulty machinery, you may have a claim against the manufacturer.
Even if you’re a contractor or self-employed, it can be useful to speak to a personal injury lawyer to find out if you may be able to file a premises liability claim if you’re injured while working.
The claims process can be complicated, and a workers’ compensation lawyer can work to ensure you receive the full benefits you’re entitled to. To speak with a compassionate attorney with decades of experience helping injured workers, contact Flaxman Law Group at 970-999-0530. Our Colorado team is here to help hard-working Coloradans across the state.
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