What is workers’ compensation insurance?

Workers’ compensation is a type of insurance that provides financial support to employees who are injured while performing their job duties. Workers’ comp benefits generally cover the cost of medical care and treatment, lost wages, and permanent disabilities sustained from the injury or illness. These benefits are available regardless of fault, including if the employee is to blame for the accident.

Also, workers’ comp protects employers from legal action when their employees are injured. In exchange for workers’ compensation coverage, Colorado workers are typically unable to sue their employers for negligence with a personal injury claim. However, it’s vital that you speak with a workers’ comp attorney to understand your legal options for your unique circumstances.

What injuries are covered by workman’s compensation?

Workers’ compensation, also called workman’s comp, should cover any workplace injury that happens while on the job. Some common injuries covered by workers’ compensation benefits include:

• Head and brain injuries
• Spinal cord injuries
• Broken bones
• Sprains
• Cuts and lacerations
• Burns, including chemical burns
• Injuries from electrocution
• Inhaling harmful substances
• Cumulative trauma from repeated movements

If the insurance companies inform you that your claim is denied, you still have options. Speak with a workers’ compensation lawyer in Colorado Springs to learn about the appeals process and how you can get the medical benefits you need now.

What should I do if I suffer a work injury in Colorado Springs?

If you suffer an injury or illness at work in Colorado Springs, CO, it’s crucial to take the proper steps to get medical care, disability benefits, and payment for lost wages through the workers’ comp system:

1. Report your injury – Let your supervisor know about the incident immediately and file an accident report as soon as possible. A record of your injury is crucial to moving forward with your claim.
2. Get medical treatment – Seek medical assistance immediately and always follow through with any care instructions and treatment plans. The workers’ comp insurance company may require you to see a designated physician of their choice during this process.
3. Gather and document evidence – If you can, take pictures of the accident scene, your injuries, and anything that might show what happened. If there are any witnesses, make sure you get their contact information.
4. Work with a workers’ compensation attorney – Claiming workers’ comp benefits can be complex, especially when the insurance company tries to minimize your losses. Speak with a workers’ comp lawyer to understand your rights and what steps to take to make your claim a success.

What workers’ comp benefits are available to Colorado employees?

Depending on the severity of your injuries, your prognosis, and whether you’re able to return to work, you may qualify for the following benefits:

• Compensation for medical expenses related to the workplace injury
• Lost wages (temporary total disability and temporary partial disability)
• Permanent disability
• Mileage reimbursement for travel related to treatment

Temporary total disability (TTD) will pay two-thirds of your average weekly wage if you cannot return to work during your recovery. However, temporary partial disability (TPD) is available if you can work in a limited capacity.

If you have a permanent impairment due to a workplace injury and have reached your maximum medical improvement (MMI), a doctor will determine a loss of function percentage that will affect the compensation amount you receive.

What evidence do I need for my workers’ comp claim?

Proving that your injury happened while working your job is essential to claiming workers’ comp benefits. Some forms of evidence that can help with your claim are:

• Surveillance video of the accident
• Videos or pictures of your injuries
• Statements from witnesses
• Your own account of what happened
• Medical records showing injury treatment and prognosis
• Expert testimony to confirm the extent of your injuries
• Records of other accidents in the same workplace

To build a strong claim, contact an experienced workers’ comp attorney who understands the process and how to work through the system quickly and effectively.

Can I still work if I’m on worker’s comp in Colorado?

Temporary partial disability (TPD) benefits are available through workers’ comp for employees who can return to work at reduced hours or with limited earnings due to their injuries.

When do TPD benefits end? You no longer qualify for TPD benefits when you:

• Return to your pre-injury wage
• Are released to return to regular work by an authorized doctor
• Have reached your maximum medical improvement
• Do not attend a previously rescheduled medical appointment with the knowledge that it will terminate your benefits eligibility

What happens if my workers’ comp claim is denied in Colorado Springs?

Injured workers can appeal a denial and request a hearing with the Office of Administrative Courts if their Colorado Springs workers’ compensation claims are denied. When the insurance company unfairly denies a claim, you may be able to change the outcome through this process. However, getting the administrative judge to decide in your favor requires strong evidence.
If you need experience and expertise on your side, Bachus & Schanker handles workers’ comp cases daily. Our workers’ comp lawyers specialize in this practiced area and have helped countless Colorado Springs workers get fair compensation after being denied.

What is my workers’ comp claim worth?

Several factors can affect how much you can claim through workers’ comp. To get a better idea of how much your claim may be worth, you must consider:

• Injury severity
• Treatment time and prognosis
• If you can return to work in a limited capacity
• Maximum medical improvement
• Your pre-injury average weekly wage
• Whether there is a permanent impairment from the injury

Speak to our team of personal injury lawyers to understand your legal options after a workplace injury and see what you may claim through workers’ compensation in Colorado Springs.

How much does a workers’ comp lawyer charge in Colorado Springs?

Colorado law does not allow attorneys to charge more than a 20% contingency fee of the settlement amount when representing an injured worker. Unfortunately, some legal professionals may try to take advantage of injury victims. If your attorney claims they should get more than 20% for their legal services, it’s time to find a different lawyer.

What is the process for filing a workers’ comp claim in Colorado Springs, CO?

The steps for filing a claim for workers’ comp benefits in Colorado Springs include:

1. Complete the claims benefits form and send it to the Colorado Division of Workers’ Compensation.
2. Wait for the insurance company’s response, which will either approve or deny your claim for benefits. This generally takes about 20 days from the time you submit your claim.
3. If your claim is approved, review the benefit amount to ensure it accurately reflects your expenses due to the workplace injury.
4. If your claim is denied, work with an attorney to appeal the decision and request a hearing.

How can hiring an attorney in Colorado Springs, CO help me?

While Colorado employers must provide workers’ compensation coverage to employees, that doesn’t guarantee that you’ll get the benefits you deserve. When your workers’ comp claim is unfairly denied, a Colorado Springs attorney can work with you to appeal your claim and fight for the maximum benefits you’re entitled to under the law.

Contact our law firm to schedule a free consultation today to learn how we can help you during the claims process.

SOURCES:

Colorado Department of Labor and Employment (CDLE). What is Workers’ Compensation?

Colorado Department of Labor and Employment (CDLE). Workers’ Compensation Appeal Process.

Legal Aid at Work. Workers’ Compensation: Temporary Disability Benefits.

CRS 8-43-403 (2016)