Workplace Injuries
Have you been hurt on the job in Colorado?
Get help in Colorado to protect your rights and help you navigate the injury claim and legal process to obtain compensation for your injuries.
While Workers’ Compensation should compensate you for medical costs and lost wages, longer-term injuries or lifelong disability may entitle you to additional compensation. Contact Legal Help in Colorado to pursue the compensation you are entitled to.
Top 10 most common workplace injuries:
- Overexertion injuries resulting from pulling, lifting, pushing, holding, carrying, or throwing heavy objects
- Slipping or tripping on or over something lying on the floor
- Falling from heights
- Reaction injuries like bracing yourself against a slip and fall, or trip.
- Objects falling
- Walking into doors, walls, cabinets, glass windows, tables, chairs, etc
- Vehicle Accidents
- Machine Entanglement
- Repetitive Motions like carpal tunnel syndrome, or rotator cuff injuries
- Violent Acts caused by others in the workplace
Is my employer responsible for workplace injuries?
Workers’ comp insurance protects both the employer and the employee in the event a work accident occurs. The employee gets medical treatment and wage loss benefits regardless of fault. Employers get protection from civil lawsuits.
Every employee is entitled to perform their work in a safe place of employment. The Occupational Safety and Health Act, put into effect in 1970, was meant to prevent workers from being injured or killed. It requires employers to provide working conditions for employees free from danger.
Who is required to have
worker's compensation insurance?
Private employers with more than three employees must have workers’ comp. If an employer has just one employee working over 35 hours per week for more than 13 weeks in a year, they must also have workers’ comp insurance.
Households with domestic help working 35+ hours per week for 13+ weeks must have workers’ comp insurance. All public employers are required to have workers’ compensation insurance, regardless of the number of employees. Colorado law mandates coverage for:
- Medical care
- Temporary disability benefits
- Permanent disability benefits
- Job displacement benefits
- Death benefits
If you or a loved one is injured on the job, the employer must:
- File a claim detailing the incident with the Workers’ Compensation Board.
- Give you a list of Approved Providers or doctors who will treat you for the injuries you sustained on the job. If you are not happy with the doctor selected by your employer and insurance company, you can petition your employer to choose a different doctor. There are specific periods and procedures to follow to accomplish this.
- Follow all work restrictions designated by your provider or doctor.
- If you are unable to perform your regular duties because of your injuries, your employer must find lighter duty within the requirements of your authorized treating doctor.
What if my employer doesn't have a worker's comp policy?
Beware of employers who claim they don’t have workers’ comp insurance. Research shows that this is typically incorrect and used to discourage claims. Uninsured employers are still responsible for paying workers’ compensation benefits and can be personally liable if they do not carry the required worker’s compensation insurance.
If your company does not have this specific insurance, they can be fined up to $250 for every day they remain uninsured [2]. OSHA could even shut the business down. If you’re injured at work and your company does not have worker’s comp insurance, the company must pay the entire claim and an additional 25% penalty. Colorado law will also require all medical injuries be paid by your employer’s workers’ compensation insurance.
Types of worker's comp settlements:
Two basic types of settlements are:
- Lump-Sum Settlement: If you agree to accept a lump-sum settlement, you can’t make additional claims for benefits. You will be required to agree to release the employer and the insurance company from any further liability.
- Continuing Benefits: A severe injury where total recovery is impossible could prevent you from returning to resume your old job or work. Continuing payment of benefits could cover ongoing medical care and expenses.
Types of claims under worker's comp:
You can file a claim for worker’s compensation for:
- Medical expenses, prescriptions, rehabilitation costs
- Lost earnings
- Retraining for Employment
- Partial or Permanent Disability
- Continuing medical and nursing care
- Death benefits for the surviving family members
Employers are required by the
OSH Act to eliminate workplace hazards
According to the OSH Act, employers must eliminate hazards that likely cause death or serious physical harm to employees. Although employers must keep the work environment safe, employers may not always have legal liability for accidents. For example, if an employee’s substance abuse contributed to a workplace accident, the employer may not be held legally responsible for the event. The employer is still responsible for ensuring that the employee receives medical treatment.
Employees are not permitted to sue their employers for workplace injuries because workers’ compensation insurance should cover them. Suppose a person dies due to someone else’s negligence or misconduct. In that case, their survivors may file a wrongful death claim.
In some industries, the legal liability for a job site accident is not always clear.
Construction sites are often quite complex in terms of determining responsibility. The number of different companies that can share some responsibility for working conditions on the site can be significant. There may be contractors and subcontractors, landowners, engineers, equipment parts suppliers, and manufacturers.
Due to the complexities of determining liability in the Colorado legal system, you should work with a personal injury attorney who will help you determine who is responsible for your injury.
What to do if you've suffered
a workplace injury
You must notify your employer of a workplace injury immediately in writing. Keep a copy for yourself. Don’t wait too long to tell your employer you were hurt at work or you could lose the right to receive workers’ comp or other benefits. Note that you need to notify your manager or supervisor, not just a coworker.
Your employer will designate the doctor you should see initially. Without documentation that you were injured, you will have difficulty getting the compensation you need. If the injury is severe, you may need to go to a medical clinic or a hospital emergency room.
Keep a journal detailing how you feel during your recovery-details matter. If a particular part of your body hurts, note when and how severe the pain is. If the insurance company questions the severity of your injury, your journal will serve as a written record of your work-related injury.
Photographs may be used as evidence because it is visible proof that you sustained a severe work injury and deserve the time and the resources to recover.
The sooner you submit a worker’s comp claim, the sooner you seek the benefits you need and deserve. Worker’s compensation laws are complex and neglecting to disclose all necessary information in your claim could have disastrous consequences. An experienced Colorado workers’ compensation attorney will help you file an accurate claim and defend any objections from your employer or the insurance company.
If you have been injured and you’re getting medical treatment, make sure you continue to show up to work and do your duties, so long as they are done within the restrictions given by your treating doctor.
Be sure to consult with a personal injury attorney to determine who is at fault for the workplace injury.
Timelines for filing a worker's compensation claim
You have four days to report a work injury in Colorado because your employer must report your injury to the Division of Workers’ Compensation within several days of the injury. However, you have two years to formally file a claim with the Colorado Workers’ Compensation Commission if your employer fails to do so. Your workers’ comp lawyer can explain the applicable rules for Colorado.
The acceptance or denial of your claim is determined by your employer’s workers’ compensation company. Insurance companies will always try to find a way to reduce or deny an employee’s claim. Your employer might raise doubts about your injury, or your employer’s insurance company may raise objections, claiming you’re not hurt, or you sustained your injury outside of work. As a result, your workers’ compensation benefits might be cut off, or you might be forced to return to work too soon.
Should the workers’ comp insurance company deny your claim, you can appeal.
Discuss your worker's comp case with a qualified attorney
If your workers’ compensation claim is denied, you struggle to obtain benefits or think you are not receiving fair compensation, you should discuss your case with an experienced work accident attorney. When you are injured at work, you should not have to worry about whether you can afford medical care. Your injuries may be short-term or debilitating making it impossible to return to work and requiring life-long care. In that case, you and your family should not have to worry about how you will pay the bills and put food on the table. In the State of Colorado, you have rights to workers’ compensation, disability benefits, and compensation for pain and suffering.
Personal injuries can be emotionally draining, physically painful, and confusing for most people. An experienced personal injury attorney, such as Ross Ziev, can make sense of the medical jargon and workers’ comp paperwork, explain everything to you, prepare and file the legal paperwork, and steer you through the legal proceedings to a successful outcome.
Let Help in Colorado fight for your rights, hold negligent employers accountable, and obtain compensation for you and your family. You don’t pay anything out of your own pocket and don’t owe us anything until we win your trial!
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We are your personal injury team.
Available 24/7 to take your call: (720) 743-3682