No one thinks that they may suffer a severe injury when going to work. Workplaces should be safe and designed to encourage productivity and efficiency. However, according to the Bureau of Labor Statistics, there were 5,333 workplace fatalities across the US in 2019. This represents a 2% increase from the previous year, indicating that not enough is being done to protect employees from workplace injury and death.. If you were injured at work, then you have rights under the Colorado Workers' Compensation Act. However, since the procedures can be very complex and difficult to follow, especially during a difficult time, you should hire legal counsel from Firouzbakht Law Firm to assist you in collecting adequate compensation benefits.
Although your rights are protected by the law, filing a workers' compensation claim is not a simple and straightforward issue, especially if you suffered severe injuries and are in hospital. Time constraints are one of the biggest problems, as you will see later in this article. Plus, your employer's insurance company does not look out for your best interest, but for their own bottom line. This is why you should let an experienced Colorado workers' compensation attorney evaluate your case and the fair amount of your compensation.
The state of Colorado has introduced workers' compensation rights since 1915. This form of insurance for workers benefits both employers and employees. Covered workers who get injured on the job or develop an occupational illness (a condition resulting directly from their work activities and work environment) receive compensation for medical care and lost wages. In return, employers are protected from civil lawsuits and do not have to pay directly the claims for workers' injuries.
In its current form, the Colorado Workers' Compensation Act stipulates that any public or private business entity that has at least one full-time or part-time employee is obliged to purchase workers' compensation coverage.
The exemptions from this rule include:
Since 2017, unpaid student interns are also required to have workers' comp benefits, according to an amendment to the worker's compensation law . At the same time, business owners should have comp insurance both for salaried employees and for workers paid an hourly wage.
Last but not least, every employer should prominently display the Notice to Employer of Injury sign (using the standard format) in all workplace facilities.
The mechanism of the workers' compensation insurance coverage is simple in theory. An employee gets injured while working. If the personal injury does not pose a hazard to the person's life or physical integrity, they should report the incident to the employer first, and then seek medical assistance. In case of serious injuries, getting medical care is the first priority.
However, the employer must receive a written notice of the incident within 4 (four) days. Within 10 (ten) days after the workplace incident, the employer must fill in and submit the Employer's First Report of Injury to the Insurance Company. This ensures that your medical expenses and lost wages will be covered by the workers' compensation carrier (temporary benefits). These benefits represent about two-thirds of the weekly wage and will continue until you reach maximum medical improvement. As per the Colorado Division of Human Resources, this term means "the point at which the treating physician determines that no further medical treatment can be recommended for the injury".
Within 20 days, the insurance company must issue a resolution - whether they will offer a compensation settlement for your injuries and temporary or permanent disability or not. If the claim for compensation is denied, the employee has the right to appeal the denial.
Not all incidents occurring or illnesses developed at the workplace are covered by the workers' compensation insurance policy. These are valid instances of workplace injuries for which the employer's insurer will pay benefits for workers:
However, there is no eligibility for workers to be compensated under comp coverage if:
The workers' compensation board will analyze each claim and determine the type of benefit or wage replacement for each case. Following the point of maximum medical improvement, an injured worker will have to undergo an independent medical examination and receive a specific impairment rating. Depending on the rating, the worker is entitled to receive:
Temporary disability benefits are paid by the compensation policy automatically starting with the fourth day of missed work and until you are able to return to work. They will cover your medical costs as well as lost salary or wages (depending on your employee status).
If the medical provider chosen by the insurance company determines that you are unable to perform any kind of work, you will be paid permanent disability benefits for the rest of your life. This type of benefit is paid to employees who suffered catastrophic injuries, requiring life care services.
Workers' compensation regulations recognize two types of employee injuries leading to partial disability:
If a person dies as a result of workplace injuries or illness, the workers' comp coverage for employees will be paid to:
The legal team at Firouzbakht Law Firm will help you get the fair worker's comp benefits you deserve by analyzing your case, making sure that your claim is submitted on time, and assisting you during compensation hearings.
We understand all the complexities of the legal procedures and allow you to focus on healing without the added stress of worrying about your financial situation. Call us now for a free case review: (720) 547-2211!
Meta description: Know your rights under workers' compensation law in Colorado and hire an experienced attorney to help you get the adequate benefits you deserve if you were injured at work.
