The Colorado workers' compensation system provides three major types of
benefits: (1) Medical benefits to treat your injury, (2) lost wages benefits
if you are unable to work or work reduced hours, and (3) permanent
disability benefits to compensate for a permanent physical impairment. In
rare cases, you might receive permanent total disability benefits if you are
so disabled that you can never return to any work at all.
Of course, there are many qualifications and loopholes involved in each
type of benefit, most of which favor the insurance companies. If you call us
or fill out our on-line form and set up an appointment for a free
consultation, we can explain in detail the specific benefits to which you
will be entitled.
When should I hire an attorney?
It is usually to your advantage to hire an attorney as soon as possible
so that you get good advice right away. You cannot trust your employer or
insurance company to look out for your best interests. Their goal is to
provide the absolute minimum benefits possible on each claim. Your employer
and insurance company already have lawyers working for them, and they know
far more about the Colorado workers’ compensation system than you do. They
hope that you’ll miss a deadline you don’t know about, or that you won’t ask
for a benefit that you are entitled to. You
can call us or
fill out our online form
and set up an appointment for a free consultation
to discuss the specifics of your case.
What benefits am I entitled to while I am off work?
In Colorado, you are eligible for lost wages benefits if you miss more
than 3 days of work as a result of your injury. If you are totally unable to
work, you will receive 2/3 of your average weekly wage. This is known as
temporary total disability (TTD) benefits. If you are working reduced hours
or reduced pay, you will receive 2/3 of the difference between what you
actually earn, and what you would have made if you had not been injured.
This is temporary partial disability (TPD).
There are some important restrictions on the eligibility to temporary
disability benefits. For example, if you are fired "for cause," it can be
very difficult to obtain lost wages. You
can call us or
fill out our online form
and set up an appointment for a free consultation
to discuss the specifics of your case.
Who pays for my benefits?
An insurance company hired by your employer pays the benefits. Once
the claim has been filed, the employer usually has limited involvement
regarding what benefits to pay and when. Many employers don't want to be
involved with the claim process at all, and stay out of the way. But
even if an employer wants to play an active role, the insurance company
has the final say regarding payment of benefits.
Colorado law gives your employer the first shot at choosing your
doctor. Your employer must give you a referral when it first learns of
your injury. If your employer refers you to a particular doctor, or a
"doc-in-the-box" clinic like Emergicare, you are required to go. If you
go to a different doctor on your own, instead of the doctor your
employer sends you to, workers' compensation will not cover it.
But if your employer does not refer you to a doctor, then you have the
right to pick your own. Once you see a doctor, he or she becomes your
primary treating physician. Attorneys who practice workers' compensation
will be able to give you the names of doctors who are qualified to treat
your condition and care about you rather than pleasing the employer and
insurance company.
Can I be fired while I am receiving Colorado workers' compensation
benefits?
Yes, you can be fired, and thanks to a law passed by the Colorado
legislature in 1999, Colorado employers are firing injured workers more
often. Under this new law, if you are "responsible" for losing your job,
you are not eligible for any lost wages benefits. This is true even if
your injury prevents you from finding another job! Since this law was
passed, employers started looking for excuses to fire injured workers to
save the insurance carriers money on lost wages benefits. Claimants are
being fired for being late to work, missing time for doctors'
appointments without calling in, bad attitudes, etc. So it is important
to be very careful of your employer's rules once you get hurt!
Another thing to remember is that quitting can also cut off your
benefits under this new law. If you quit, you are "responsible" for
losing your job. There are only certain situations where it is legally
advisable to quit your job after an injury.
If you have been fired after an injury, or feel that your employer is
trying to make you quit, please contact an attorney immediately! There
are legal actions that may be able to restore or protect your
eligibility to lost wages benefits. An attorney can help determine if
any of these legal technicalities apply to your case.
I think I may have carpal tunnel syndrome or some other type of
repetitive injury. Can I get benefits for that?
Carpal tunnel syndrome is a valid and legitimate injury under the
Colorado workers’ compensation system. The key is proving that you
developed carpal tunnel syndrome as a result of your work. Carpal tunnel
is usually considered a repetitive-motion injury. Although many people
commonly associate carpal tunnel with keyboard work, there are many
other types of repetitive activities that can cause it. Repetitive
gripping or other similar activities frequently cause carpal tunnel
syndrome. And it’s not just office workers who suffer from carpal
tunnel. Anyone who works with their hands, including construction
workers or mechanics can also develop carpal tunnel syndrome.
What if I am injured and cannot return to my usual job?
If you are injured at work, and unable to work at all, you are
entitled to compensation for lost wages under Colorado law. If your
doctor releases you back to work with restrictions, your employer will
decide whether to offer you modified duty. Some people call this “light
duty.” You are required to try any modified duty position that is within
your restrictions or approved by your doctor. If the job pays less than
your regular position, you are entitled to compensation for some of the
difference. back to top
What is my injury worth?
The answer to this question depends on they type of injury you have,
and how severe the injury or disability is when you reach maximum
medical improvement.
Unfortunately, some body parts are compensated much better than
others. For example, arm and leg injuries are considered to be less
serious by the Colorado workers’ compensation system. Compensation
awards for arm and leg injuries are lower than for back and neck
injuries.
Regardless of the type of injury, it is important to remember that
the employer and insurance company are working hard to make sure that
your compensation award is as low as possible. One of our attorneys will
fight to make sure you get the best compensation possible under the
system.
What if I am hurt so badly that I am never able to work again?
If your injury prevents you from returning to any type of work, you
may qualify for “permanent total” disability benefits. If you are found
to be permanently and totally disabled, your employer or insurance
company will have to pay compensation benefits for the rest of your
life. Permanent total disability benefits are very difficult to get in
Colorado, because the requirements are very strict. However, if your
injury is very severe, an attorney should try to get these benefits for
you.
Must I notify my employer of a work-related injury?
Colorado law requires you to notify your employer of an injury
within four days. A judge may reduce some of your benefits if you didn’t
give notice within the four day period. However, don’t believe your
employer or insurance company if they tell you your claim is denied
simply because you didn’t give the required notice within four days.
It is also important to know that most claims must be filed with the
Colorado Division of Workers’ Compensation within two (2) years of the
injury. The sooner you report your injury, the better. There are many
deadlines and exceptions to those deadlines in the Colorado workers’
compensation system. An experienced
attorney can help you figure out whether your claim was filed on
time.
What benefits are payable to survivors of a worker whose death is
caused by a work-related accident?
In Colorado, benefits are payable to the surviving dependents of a
worker who is killed as a result of a work accident. Generally a spouse
and minor children are entitled to benefits. Other dependents may be
covered, depending on the circumstances. The employer or insurance
company is also required to pay certain funeral and burial expenses. back to top
Can I receive Social Security disability benefits as a result of a
work-related injury?
Many people with severe work injuries eventually receive
Social Security Disability benefits. In fact, the
insurance company may require you to apply for Social Security, because
in Colorado they are allowed to take an “offset” (or, deduction) for
your Social Security benefits. Even though there is an offset, you are
usually better off receiving both Social Security and workers’
compensation benefits at the same time. back to top
When is a Colorado workers' compensation claim considered settled
and permanently closed?
Your claim is “settled” if you sign documents agreeing never to seek
any additional money or benefits from your employer or insurance
company. If you do that, your claim is permanently closed. Many people
think the award they receive for permanent impairment is a “settlement.”
This is technically incorrect. Unless you have signed an agreement
waiving your rights, you may be able to reopen your claim at a later
date and seek more benefits. back to top
I have an old work injury, and I am getting worse. Can I reopen my
claim?
You may be able to reopen your claim, but you have to satisfy
several requirements. In Colorado, there are several time limits on
reopening a claim, and some claims are just too old to reopen. Usually,
claims are reopened because you get worse and need more treatment. You
must prove that your worsened condition is still related to the original
injury. Insurance companies hate to reopen claims, and almost never do
it without a fight. back to top
I am out of work, should I apply for unemployment benefits?
Whether you should apply for unemployment benefits depends on
whether you are receiving compensation for lost wages. Your insurance
company will reduce your wage-loss benefits if you receive unemployment.
Your attorney can help you decide the best time for you to apply for
unemployment benefits. back to top
Our attorneys handle
all types of Colorado Workers' Compensation
(workers comp or workmans comp) cases, including appeals to the Court of Appeals and the Supreme Court of
Colorado. If you've been injured at work, we'd be happy to evaluate your
case.
If you want to speak to a lawyer in Southern Colorado about your Workers'
Compensation case, you have several options-you can fill out our
workers' compensation online evaluation form,
call us, or
e-mail us, and a Colorado Springs
attorney will evaluate your case for FREE.
We
have many clients from around Southern Colorado and the Western Slope including Alamosa, Buena Vista, Colorado
Springs, Durango, Salida, Lamar, La Junta, Pueblo, Walsenburg and Grand
Junction.
We have helped thousands of people just like
you get the benefits they deserve.
We look forward to serving you!
Our attorneys handle
all types of Colorado Workers' Compensation
(workers comp or workmans comp) cases, including appeals to the Court of Appeals and the Supreme Court of
Colorado. If you've been injured at work, we'd be happy to evaluate your
case.
If you want to speak to a lawyer in Southern Colorado about your Workers'
Compensation case, you have several options-you can fill out our
workers' compensation online evaluation form,
call us, or
e-mail us, and a Colorado Springs
attorney will evaluate your case for FREE.
We
have many clients from around Southern Colorado and the Western Slope including Alamosa, Buena Vista, Colorado
Springs, Durango, Salida, Lamar, La Junta, Pueblo, Walsenburg and Grand
Junction.
We have helped thousands of people just like
you get the benefits they deserve.
We look forward to serving you!
