Jonah Patel
If you are injured at work in Colorado, you are entitled to certain benefits under the Colorado Workers' Compensation Act. This includes medical treatment and partial wage loss benefits. To ensure you receive these benefits, there are several steps you must take, including reporting the injury to your employer in writing within a specified timeframe. If your employer denies your claim or you believe you are not receiving fair compensation, you may need to consult an attorney. Understanding your rights and following the correct procedures are crucial to protecting yourself in the event of a work-related injury in Colorado.
| Characteristics | Values |
|---|---|
| Reporting an injury at work in Colorado | Notify your employer in writing within 4 working days of your workplace accident. If your injuries are serious or life-threatening, seek medical attention immediately before reporting. |
| Workers' Compensation | Workers in Colorado are entitled to workers' compensation benefits under their employer's policy if they become hurt while at work. |
| Deadlines | File a Workers' Claim for Compensation form within 2 years of the accident. The "statute of limitations" is 3 years for some injuries or can be extended beyond the standard 2-year limit if there was a valid reason for not filing. |
| Negligence | Employees are barred from filing a personal injury lawsuit against their employer. However, they can file a lawsuit against a third party whose negligence caused or contributed to their work-related injury. |
| Benefits | Medical treatment and partial payment of wages while off work. |
| Motor Vehicle Accident Reporting | File an accident report within 60 days of the collision if there was property damage or injury to another person. |
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What You'll Learn
Workers' compensation
In Colorado, workers who suffer an occupational injury or disease are entitled to the same benefits as someone injured in an accident. The workers' compensation system in Colorado is a no-fault system, meaning that even if the employee contributed to the accident that caused their injury, they are still entitled to compensation. Colorado law requires that almost every employer carries workers' compensation insurance in case an employee is injured on the job.
There are strict timelines for filing claims in Colorado. Within 10 days of receiving notice of an injury, the employer must file a claim with their insurer and supply a provider list or Letter to Injured Worker to the injured employee. The injured worker then has up to three years to file a claim with the Division of Workers' Compensation (DOWC) or the claim will be closed. Within 20 days of the employee's filing with the DOWC, the employer must file a General Admission if they accept liability or a Notice of Contest if they deny it. Within 45 days of the denial, the employee may apply for an expedited or standard hearing.
It is important to note that not all injuries are covered by workers' compensation insurance. For example, if an employee was intoxicated when the injury occurred, they may only receive partial benefits. Additionally, Colorado law places a limit on the amount an employee can receive in combined temporary and permanent partial disability benefits, and this cap changes annually.
To initiate the workers' compensation process, injured workers should first report the injury to their direct supervisor as soon as possible and ask if there are any internal accident reporting forms to fill out. Written notification is important, and employees should keep a copy for their records. If the supervisor does not accept written notification, employees should go to their supervisor's superior or the company's human resources department.
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Employer negligence
In Colorado, employees injured on the job are protected under the Colorado Workers' Compensation Act. This Act provides a framework for employees to receive workers' compensation benefits under their employer's policy when they are hurt at work. It is important to note that workers' compensation in Colorado operates on a no-fault system. This means that regardless of who caused the accident, employees are still entitled to workers' compensation as long as the injury occurred during the course of their employment.
Although employees are generally barred from filing personal injury lawsuits against their employers, they may be able to pursue legal action in certain limited circumstances. For instance, if an employer's workers' compensation insurance company delays or denies a claim without a reasonable basis, an employee may have grounds to take legal action against the insurance company for bad faith, as demonstrated in the case of Savio v. Travelers Insurance Co.
Additionally, employees may be able to file a lawsuit against a third party whose negligence caused or contributed to their work-related injury. This could include individuals or entities that are not employed by the same employer but were responsible for the accident.
To ensure that they receive their entitled benefits, injured employees in Colorado must follow specific procedures. Firstly, they must report the injury to their direct supervisor as soon as possible and in writing within four to ten working days of the injury. Even if a supervisor claims that written notification is unnecessary, it is in the employee's best interest to provide one and keep a copy for their records. If the supervisor refuses to accept written notification, the employee should escalate the matter to the supervisor's superior or the company's human resources department.
After reporting the injury, the employer is required to designate at least four physicians or corporate medical providers (or one of each) for the employee to choose from for treatment. This information can initially be provided verbally but must be followed up in writing within seven business days of receiving the employee's injury notice.
It is recommended that employees consult with a workers' compensation attorney to guide them through the claims process and ensure they receive fair compensation.
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Reporting deadlines
In Colorado, workers who suffer an injury or illness due to their work are entitled to benefits and have specific reporting requirements and deadlines to follow. The first step is to report the injury to a direct supervisor as soon as possible, and then to the employer in writing within 10 working days. This written notification is crucial, even if the supervisor accepts oral notification, as it ensures a paper trail and helps protect the worker's rights and benefits.
If the injury is serious or life-threatening, the priority is to seek immediate medical attention. After receiving medical care, the worker should then focus on reporting the injury to their employer and following the necessary procedures to ensure they receive their entitled benefits.
For work-related injuries, the deadline for reporting is within 10 days of the incident. This deadline was recently extended, as it was previously only four days. This change provides injured workers with more time to notify their employer and take the necessary steps to protect their rights.
In the case of an occupational illness or disease, the deadline is 30 days from the "manifestation of the disease," meaning when the worker first becomes aware of their condition, typically through a doctor's diagnosis. This deadline accounts for the complexity of diagnosing occupational illnesses, which may involve a longer period before symptoms are recognised or a proper diagnosis is received.
It is important to note that the reporting deadlines differ from the deadlines for filing a Workers' Claim for Compensation (WC-15). The statute of limitations for filing a workers' compensation claim is typically within two years of the injury, but this may be extended to three years in certain cases. This deadline refers to the maximum time after an injury or illness that legal action can be initiated. While the employer may provide benefits for up to two years, they can deny the case after this period if the employee hasn't filed the WC-15 form. Therefore, it is advisable to consult with a workers' compensation attorney to ensure all necessary steps are taken.
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Appealing a denied claim
If your workers' compensation claim has been denied in Colorado, you have the right to appeal. However, the process can be complicated, so it is highly recommended that you hire an experienced workers' compensation attorney to help you build a strong case.
Firstly, it is important to notify your employer about the accident in writing as soon as possible, even before consulting an attorney. This is because the longer you wait to report the injury, the harder it will be to definitively tie the injury to an incident at your job. After informing your employer, you will need to see an employer-approved doctor for a diagnosis and treatment. Your employer should provide you with a list of at least four "designated providers" to choose from.
When you visit the doctor, be thorough and honest when recounting what happened and how you feel. Do not exaggerate or downplay your injuries, as this can lead to insufficient care, extended recovery time, and inadequate compensation.
Once you have gathered the necessary evidence, you can file an application for a hearing. This will involve exchanging information with the insurance company, including facts and evidence for hearings. It can take some time to get a hearing before a judge—as long as 3 to 6 months—and there are multiple steps that need to happen before the hearing.
If the judge decides that your claim is not compensable, you can appeal the decision to the Industrial Claim Appeals Office. If you disagree with the decision made by the Industrial Claim Appeals Panel, you may appeal to the Colorado Court of Appeals within 21 days. You may also file an appeal with the Colorado Court of Appeals if the Industrial Claim Appeals Panel fails to issue a decision within 60 days from the date the file is received. Further appeals can go up to the Colorado Supreme Court, though most cases are resolved before reaching this level.
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Third-party lawsuits
Employees injured on the job in Colorado are protected under the Colorado Workers' Compensation Act. This Act provides a framework for employees to receive benefits under their employer's policy when they are hurt at work. However, workers' compensation rarely covers all long-term costs associated with a work-related injury. In such cases, injured workers in Colorado can pursue third-party lawsuits to seek additional compensation.
Third-party claims can be filed when the negligent conduct of another party caused or contributed to the workplace accident. Third parties are individuals or entities that do not work for the same employer but still caused the accident that resulted in the employee's injury. For example, a courier driving a company truck is hit by another driver not associated with the company. In this case, the courier may have a claim against their employer for workers' compensation and also file a third-party claim against the other driver.
Third-party claims can also arise from product liability, where a defective product caused the workplace accident or injury. In such cases, a claim can be brought against the manufacturer of the defective product. Other potential third parties include property owners other than the employer, independent safety inspectors, and equipment manufacturers.
It is important to note that there are time limitations for filing a workers' compensation claim in Colorado. The statute of limitations is generally two years from the date of the accident or the date the injury was discovered. Failing to file a claim within this timeframe could result in a penalty against the injured worker's benefits.
If you have been injured at work in Colorado and believe that a third party's negligence contributed to your injury, it is advisable to consult with a workplace accident attorney to discuss your legal options and ensure your rights are protected.
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Frequently asked questions
If your injuries are serious or life-threatening, seek medical attention immediately. After that, report the injury to your direct supervisor as soon as possible and ask your employer if they have internal accident reporting forms. You should also notify your employer in writing within 4 working days of your workplace accident.
Employees injured on the job are protected under the Colorado Workers’ Compensation Act. This means that you are entitled to workers’ compensation benefits under your employer’s policy. Your employer is required to provide you with treatment for your injuries and partial payment of your wages while you are off work.
If your workers’ compensation claim is denied, you can discuss your case with an experienced work accident attorney. You may be able to file a lawsuit against a third party whose negligence caused or contributed to your work-related injury.
Workers' compensation is a form of insurance that provides benefits to employees who are injured on the job. It can help cover medical expenses and lost wages. In Colorado, nearly every employer is required to carry workers’ compensation insurance.
An accident at work in Colorado is any incident that results in injury or illness to an employee while they are performing their job duties. This can include anything from a slip and fall to a car accident while on a work-related errand.
