Obtain the Workers' Compensation You Deserve for Job-Related Injuries
Many people work dangerous jobs that present an inherent risk of injury, such as the construction field or in an industrial environment. Others work in fields that do not seem to pose imminent dangers. However, anyone can sustain an injury on the job. From falling in an office to getting into a car accident when running errands for your boss, work injuries can happen at any time to any employee. Fortunately, a Denver workers’ compensation attorney can help.
If you or a loved one has been hurt while performing job-related duties, Colorado law entitles you to workers’ compensation benefits. Contact Levine Law today to learn more about the benefits available to you and for help in obtaining the full amount of money available to you under the law.
What Is Workers’ Compensation in Colorado?
Under Colorado workers’ compensation law, a worker who suffers an injury while performing any required job duty is entitled to workers’ compensation benefits. Covered injuries include injuries sustained on the job site and injuries sustained off-site, as long as the worker is fulfilling a work requirement - even if the particular task the worker is performing does not sound like “work”. For example, a worker attending a required work retreat is entitled to workers’ compensation benefits if he or she is injured during the retreat. A worker injured while attending a voluntary Christmas party, however, may not be entitled to benefits because attending the party was not a job requirement.
When an employee suffers a work injury, he or she is not required to prove negligence in order to file a workers’ compensation claim. In fact, in some cases, a worker may have performed a careless act that caused the injury and may still be entitled to benefits, as long as the employee was not violating company policy and was not intoxicated or on drugs while at work.
Who Can Obtain Workers’ Compensation Benefits?
Employees can obtain workers’ compensation benefits not just for accidents, but also for other types of injuries that develop as a direct result of doing a job. For example, if a worker is exposed to toxins at work and develops cancer, black lung, or other health problems due to the exposure, then the worker can be compensated for his work-related illness. An employee who suffers from repetitive stress injuries can also file a workers’ compensation claim.
Almost all workers are covered for benefits, and the definition of work injury is broad. Most employees who get hurt on the job in Colorado can and should make a claim with the help of an experienced Denver workers' compensation attorney.
Our Denver Workers' Compensation Lawyer Outlines Your Deadlines What to Expect During the Process
There are certain procedural deadlines that must be adhered to by law. As soon as you are injured, in addition to seeking medical care, you must notify your employer immediately. Colorado law requires you to notify your employer in writing within 4 working days of an injury. If you are physically or mentally unable to file a written report within the 4 days, it may be filed on your behalf by another person who has notice of your injury.
Once your employer receives notice of your injury, they have 10 days to file a report of the injury (“Employer’s First Report of Injury”) with its insurer. This will start your workers’ compensation claim. The employer should also provide you with its designated medical provider list should it choose to designate a provider. That physician becomes your authorized treating physician for purposes of the injury.
The process will proceed as follows:
- If you have suffered an injury that caused you to lose more than 3 days or 3 shifts at work, the insurer has 20 days from the date the Employer’s First Report of Injury is filed to notify you whether the claim is accepted and benefits will be paid. The decision will be either an Admission of Liability or a denial (“Notice of Contest”).
- If you haven’t missed 3 days of work because of your injury, no written decision is required from the insurer.
- If you have missed more than 3 days or 3 shifts of work, you should also be eligible to receive wage replacement (compensation) benefits if the doctor has taken you off work as a result of your injury.
- If the insurer denies your claim and you believe that it has been denied in error, you may file an application for an expedited hearing within 45 days of the date of the mailing of the Notice of Contest.
How Much Can I Recover Under Workers’ Compensation?
Your benefits will equal two-thirds of the average weekly wage (AWW) that you were receiving on the date of your injury, up to the maximum amount allowed by law. The AWW includes gross wages or salary, commissions, overtime, tips and per diem payments (that were reported to the IRS), reasonable board, the value of rent, housing and lodging, and the cost of continuing the employer’s group health insurance plan.
Am I Entitled to Additional Compensation for My Injuries?
While workers’ comp is one source of financial recovery for a job-related injury, it is not the only way to obtain financial compensation for an injury you suffered on the job. You may be able to recover full compensation for negligence by a third party or based on premises liability.
5 Reasons to Hire a Denver Workers' Compensation Lawyer
Your Claim is Subject to Specific Requirements and Deadlines
From notifying your employer about your injury to challenging your denial of benefits, every step in the process of securing workers’ compensation is subject to specific requirements and strict statutory deadlines. If you make mistakes – even minor technical mistakes – or wait even a day too long, your employer and its workers’ compensation insurer could be well within their rights to deny your claim for benefits.
You May Need to Prove that You Were Injured at Work
Employers and their insurance companies use a variety of tactics to deny injured employees’ claims for benefits. One of these tactics is to challenge employees’ assertions that their injuries are job-related. You need to make sure that your employer’s chosen medical provider accurately diagnoses your injuries, and you need to avoid making statements that could end up being used against you.
You Need to Maximize Your Benefits
In Colorado, workers’ compensation benefits include coverage for medical expenses and temporary or permanent disability. These are not all of the losses associated with a job-related injury. As a result, you need to ensure that you collect the maximum benefits available; and, unfortunately, you cannot rely on your employer and its insurance company to clearly explain the benefits that are available.
Your Workers’ Compensation Claim May Be Denied
Another unfortunate reality of the workers’ compensation system is that many workers’ claims are wrongfully denied. If your employer or its insurance company denies your claim, you will need to determine (i) whether the denial was wrongful, and (ii) if it was, what you need to do next to collect the benefits you deserve. Appealing a denial of workers’ compensation benefits is a complicated process, and you may ultimately need to go to court to protect your legal rights.
You May Have Additional Claims Outside of Workers’ Compensation
While workers’ comp is one source of financial recovery for a job-related injury, it is not the only way to secure financial compensation for an injury you suffered on the job. An experienced Denver workers’ compensation lawyer will be able to assess your case and determine if you may be entitled to full compensation for third-party negligence or premises liability.
Workers’ Compensation Settlements - Should I Take the Deal?
No, not before consulting with a Denver workplace accident lawyer. In some situations the insurer handling your employer’s workers’ compensation benefits program may offer to settle your claim, rather than continuing to pay out regular benefits over an extended period of time. These offers are common in situations involving serious injuries that are likely to require extensive medical care and/or prevent the injured person from returning to work. Do not make this important decision alone.
Anyone who has been injured or contracted an illness on the job in Colorado should seek the advice of a Denver workers compensation lawyer before considering a settlement or accepting a deal. Settlement agreements are binding contracts that shield the employer and insurer from any additional responsibility for your injuries. There is no turning back after you have signed the agreement.
Workers’ Compensation Settlements: Lump Sum Payments vs. Annuities
Settlements are generally offered in two forms: as lump sum payments or as structured annuities. Lump sum payments are full and final payments in one single shot, while structured payouts offer a predetermined amount at regular intervals (weekly, monthly, annually).
The upside to a lump sum payment is that you get all of the money right away to invest as you see fit. The downside is that you get all of the money right away, regardless of whether your medical needs and expenses change over time. Although lump sum payments are generally not taxed, any earnings on the money once it is invested is subject to tax withholdings.
Structured settlements, on the other hand, offer a little more stability because the injured person and his or her family know that the payments will be made at a designated interval. They also have tax benefits: The money is invested on the front-end and taxed before you receive your regular payments.
Contact a Denver Workers' Compensation Attorney for a Free Consultation
Workers’ compensation benefits should pay the full cost of your medical bills with no co-pays. If you are forced to miss work due to your work injuries, workers’ compensation will pay a portion of your wages. If you were permanently or temporarily disabled, workers’ compensation will pay disability benefits as well. These benefits may cover full disability if you are unable to work, or partial disability if your injury forces you to switch to a job where you earn less.
Unfortunately, employers don’t always pay benefits as required or approve claims in good faith. You deserve to receive the full amount of workers’ compensation coverage owed to you after an injury. If your employer is not treating you fairly, it is wise to consult a workers’ compensation attorney.
At Levine Law, our Denver workers’ compensation attorneys will help you with every aspect of your workers’ comp claim after you have suffered an injury. We will help you every step of the way, from making sure you comply with deadlines to proving your injury occurred at work to appealing a denial of benefits. Give us a call today at 303-333-8000 or contact us online to learn more about how our law firm can help make sure you are cared for and covered after you get hurt on the job.