Warehouse Injury

What Are the Most Common Warehouse Injuries in Colorado?

Warehouse accidents can cause injuries ranging from minor scrapes and bruises to more serious injuries, including:

• Fractured and broken bones
• Neck, back, and spinal cord injuries
• Burns and scarring
• Crushed limbs
• Amputations
• Traumatic brain injuries (TBIs)
• Toxic substance exposure
• Wrongful death from fatal injuries

What Causes Warehouse Injuries?

The causes of injuries while working in a warehouse depend on the type of environment and could include:

• Slips and trips on spilled liquids, uneven flooring, or loose power cords
• Ladder accidents
• Falls from elevated lifts
• Machinery and equipment failures
• Forklift accidents
• Falling objects
• Lack of proper personal protective equipment (PPE)
• Lack of proper training
• Unmarked hazards and toxic chemicals
• Poorly maintained facilities
• Improper lifting
• Blind sports

Are Warehouse Injuries Covered by Workers’ Compensation?

Yes, the Colorado Department of Labor and Employment requires all employers in the state to have workers’ compensation insurance. It doesn’t matter whether they have one employee or thousands. It also doesn’t matter if they work part-time or full-time.

You are covered as long as you were working when the accident and resulting injuries occurred. Colorado uses a no-fault workers’ comp system, meaning you can still seek benefits, even if you were partially or fully at fault for the accident.

What Should I Do After a Warehouse Injury?

There are specific steps you should follow to protect your warehouse accident claim:

Step 1: Seek Immediate Medical Care

Even if your injuries seem minor, you need to have them treated. For non-emergencies, ask your employer for the designated provider list. You must select one of the providers on the list for your medical costs to be covered under workers’ comp. Tell the doctor how the injuries occurred and list every symptom, even if it seems minor.

Step 2: File an Accident and Injury Report

Workers’ comp claims require a written report. The state requires you to report your injuries in writing within 10 working days from the date of the accident. In the event of catastrophic or fatal injuries, they should be reported immediately.

The report should include:

• The date and time of the accident.
• The location where it occurred.
• What you were doing when it happened.
• Any witness who saw what happened.
• Any other details, such as liquids on the floor.

You can review our workers’ compensation tips for additional advice.

Step 3: Document the Accident Scene and Gather Evidence

If possible, you should gather proof to support your injuries and claim, such as:

• Pictures and videos of your injuries.
• Any equipment or machinery that caused those injuries.
• Floor conditions.
• Contact details of any witnesses, including fellow employees, vendors, and contractors.
• Keep a personal record of your injuries, pain level, doctor appointments, lost shifts, and work limitations you are experiencing.

Step 4: Verify Your Claim Was Filed

Just because you do everything you are supposed to doesn’t mean your employer will. They are legally required to submit a warehouse accident claim to their workers’ compensation insurer within 10 days from the date they received your written accident and injury report.

Step 5: File Workers’ Claim for Compensation Form WC 15 With the State

Even though your employer is legally required to submit your injury claim with their insurer, it doesn’t hurt for you to also file your claim with the state. Fill out and file Form WC 15 as soon as possible.

Step 6: Follow All Medical and Care Instructions

Do not miss any follow-up appointments, physical or occupational therapy sessions, or any other instructions your doctor gave you. If you are on work restrictions, do not exceed these, even if your boss is pressuring you to do more. Not following medical restrictions could cause your claim to be denied and worsen existing injuries.

Step 7: Consult With a Workers’ Compensation Lawyer

Schedule a free consultation with one of our workers’ comp attorneys and review our injured worker guide.

What Workers’ Compensation Benefits May Be Available?

Insured workers may see specific benefits under their employer’s workers’ comp insurance, including:

• Medical benefits: All medical bills related to the injury are fully covered until reaching maximum medical improvement (MMI).
• Wage replacement: You may qualify for temporary disability benefits and a percentage of your average weekly pay.
• Disability benefits: Once you reach MMI, your doctor will determine if you have a permanent partial or total disability.
• Disfigurement benefits: If you were burned or experienced significant scarring on the face, neck, limbs, or hands, you may qualify for a lump-sum payment.
• Vocational rehab: If you cannot return to your previous job or role, you may qualify for job retraining, tuition to learn a different skill, or vocational counseling. 
• Death benefits: A surviving spouse and children may qualify for up to two-thirds of the decedent’s average weekly wage, as well as funeral and burial expenses.

What If My Workers’ Compensation Claim Is Denied?

If your warehouse accident claim is denied, it does not mean it is over. You will receive official notification from your employer’s workers’ comp insurer explaining why the claim was denied.

You have the right to appeal the decision but must do so quickly. You will need to file an application for a hearing. Follow every step in the appeals process and don’t miss any deadlines.

Can I Sue Someone Other Than My Employer for a Warehouse Injury?

Yes, in certain cases, you may be able to sue a third party if you can establish that they were negligent and caused your injuries.

Common third parties include:

• Equipment and machinery manufacturers
• Independent contractors
• Vendors
• Delivery drivers
• Property owners or landlords
• Outside consultants

Colorado laws allow you to receive workers’ comp benefits and sue a third party.

When Should I Contact a Workers’ Compensation Attorney?

You should seek help from a Colorado workers’ compensation lawyer in these situations:

• Your employer is refusing to file your claim.
• Your workers’ comp claim was denied.
• The insurer is using delay tactics to withhold or refuses to authorize necessary medical care.
• You suffered severe or catastrophic injuries.
• Your loved one died as a result of their injuries.
• Your employer is pressuring you to ignore your work restrictions.
• You are terminated after filing your claim.
• A third party was responsible for your injuries.

How Can Bachus & Schanker Help After a Warehouse Injury?

The warehouse injury lawyers at Bachus & Schanker offer the following:

• Free consultations and case evaluations.
• Full investigation of your injuries.
• Verify if third parties are responsible.
• Assist with the appeals process if your claim was denied.
• Obtain witness statements, any OSHA violations, and safety reports.
• Help you secure maximum compensation allowed by law.
• Provide access to our Victim’s Advocates for catastrophic and wrongful death claims.

We’re here to help even if you only have questions about the workers’ compensation claims process. Reach out today.

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