When you are injured on the job in Aurora, CO, you could be entitled to workers’ compensation to cover medical expenses from work injuries and lost wages. However, when your injuries prevent you from working, or your employer and their insurance company are making it difficult to get your workers’ comp, you will need help from our Aurora law firm.
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What is workers’ compensation?
Workers’ compensation or workman’s compensation, as it is sometimes called, is a type of insurance all employers in Colorado are required to have regardless of the size of the business and the number of employees. Even family-owned and operated businesses must have workers’ compensation insurance.
This insurance is purchased through an insurance agent like you would purchase homeowners’ or renters’ insurance. However, employers cannot pass the costs of workers’ comp to their employees. Instead, they must pay the full costs themselves.
Workers’ compensation covers both full-time and part-time employees in Aurora. You can file a claim for your injuries if you are injured while working.
Does workers’ compensation cover employee negligence?
CRS 8-41-101 states that want of ordinary care is not a defense to deny a workers’ comp claim so long as the employee did not willfully and intentionally cause their injuries. So yes, workers’ compensation covers employees even when they were negligent for their injuries.
Therefore, unlike personal injury claims, where you must prove the other party was negligent, you can file and receive workers’ comp benefits, even if you were partially or fully at fault.
Can I be terminated while on workers’ compensation?
Yes, you could be terminated while on workers’ compensation because Colorado uses at-will employment law. This means an employer can terminate you with or without cause for any reason at any time.
However, they must have a valid reason if they terminate you while on workers’ comp. But, they cannot terminate you out of retaliation for filing a workers’ comp claim against their insurance because that is illegal.
Will my workers’ compensation end if I am terminated?
No, your workers’ compensation benefits will continue until you recover and can return to work or reach the maximum medical improvement. If you are permanently disabled, you will continue receiving permanent disability payments.
What are the benefits of hiring a workers’ compensation lawyer?
There are several benefits of hiring a lawyer with experience in workers’ compensation in Aurora, including:
- Your lawyer can file your benefits claim for your work injuries on your behalf.
- They will ensure your claim is completed correctly to avoid delays in processing.
- Your attorney fully understands the Colorado Workers’ Compensation Act and all the legal terminology used within the Act.
- A lawyer helps you better understand the workers’ compensation claim process and what to expect at each step.
- They ensure you receive all the workers’ compensation benefits you are entitled to receive.
- Your attorney ensures you are paid the right amount for your lost income.
- They can assist your family in seeking benefits if you are killed on the job or die from complications from the injuries later.
- Your lawyer will handle appeals and hearings and deal directly with your employer’s insurance company.
- They can advise if you could be entitled to additional compensation, like disability benefits
Am I eligible for workers’ compensation in Aurora, CO?
If you are injured while working, including working offsite or traveling between locations, it is crucial to protect your right to file for workers’ compensation by following these steps:
- Seek medical care and treatment to ensure your safety and well-being.
- Report the injury to your supervisor verbally, but make sure to submit a written account of the accident to your employer within four days or less.
- Preserve any evidence of the incident, such as pictures of where the accident took place, your injuries, clothing, etc.
- Make a list of people who could be potential witnesses when they have first-hand knowledge of what occurred.
- Continue any medical care and treatment as prescribed by your doctor.
- Consult with an Aurora law firm with experience in workers’ comp claims.
- File your application for workers’ compensation benefits.
Your employer’s insurance company has 20 days to respond to your claim. They could approve your benefits or deny your claim. If they deny the claim, you have the right to appeal their decision. However, if you still need to hire a workers’ compensation attorney, now would be the time to do so for help with your appeal.
Free Workers’ Compensation Legal Advice in Aurora
When you have been injured on the job in Arapahoe, Adams, or Douglas counties, you can get free workers’ compensation legal advice from our Aurora workers’ compensation attorneys at Bachus & Schanker.
We have been helping Aurora workers, as well as workers in the surrounding areas, obtain the maximum benefits they are entitled to receive for more than 25 years.
CRS 8-41-101. (2022).
CRS 8-42-107. (2022).