Colorado Springs Workers’ Compensation Attorneys

What is Workers’ Compensation?

Colorado workers’ compensation laws are in place to ensure that workers’ health, rights, and livelihood are protected when an injury happens at work. Colorado established workers’ compensation laws in 1915 through the Colorado Workers’ Compensation Act. The laws state that an employee is eligible to receive compensation for their losses if they are injured, develop a medical condition, or die from performing work duties.

The workers’ compensation system is like a compromise between employees and employers. In Colorado, workers’ compensation is a no-fault system. This means that, even if the employee was negligent and this negligence caused the workplace injury, the employee will still be entitled to compensation for their medical bills and lost wages. However, with the no-fault system, the employee typically relinquishes their right to file a personal injury lawsuit against the employer in civil court.

Colorado’s workers’ compensation laws provide employees with compensation for expenses related to their workplace injury or illness, including:

• Lost wages
• Medical expenses such as costs associated with emergency room and hospital visits, drug prescriptions, required surgeries, ongoing treatment, travel for treatment, rehabilitation, and retraining
• Temporary Partial Disability (TPD), Temporary Total Disability (TTD), Permanent Partial Disability (PPD), and Permanent Total Disability (PTD)
• Survivor benefits for the family, including funeral and burial expenses, if the employee was killed in a work-related accident

What To Do After a Workplace Injury

Seek Medical Attention

Your health is your first priority. With a life-threatening or traumatic injury, the quicker you seek medical attention the better chance you have of preventing further injury or loss. Have someone contact emergency medical personnel and follow the instructions of onsite medical providers or emergency personnel on the telephone. Once at the hospital, tell the doctor that the injury occurred at work so it will be documented properly.

If your injuries do not require EMS, see a doctor from your employer’s list of designated providers as soon as possible.

Report the Injury

You must give written notice to your employer that you were injured in a workplace accident. You have four business days to report the injury to your employer but even if you were injured more than four days ago, you should still notify your employer in writing as soon as possible. Keep a copy of the written notice for your records.

Your written notice to your employer should include:

• Your name
• Your injury
• The date, time, and place the injury occurred

After receiving your written notice, your employer has up to seven business days to provide you with a list of doctors that you can choose from to receive treatment. Be sure to follow the doctor’s orders and advice and do not miss any following appointments with your physical therapist or other health care professional.

Document the Injury and Gather Evidence

Having evidence to support your workers’ comp claim is vital. You should write down as much information about the accident as soon as possible while it is fresh in your mind. Include what happened and how. Keep copies of any evidence for your records. Our workers’ compensation attorneys know how to build a strong claim and can assist you with compiling evidence. Evidence may include:

• Photos of your injuries
• Photos of the scene of the accident
• Timestamps that show you were on the clock when the accident occurred
• Eye-witness testimonies
• Security camera footage
• Maintenance reports of equipment (if any were involved in the accident)

File a Timely Claim

After you give written notice to your employer, you must then file a Workers’ Claim for Compensation form (WC 15) with the Division of Workers’ Compensation (DWC). Even though you have up to two years from the date of your injury to file a claim, we recommend filing as soon as possible. Two copies must be mailed or delivered to:

Colorado Division of Workers’ Compensation

Customer Service Unit
633 17th Street, Suite 400
Denver, CO 80202-3626

Our workers’ comp lawyers in Colorado are well-versed in handling claims and insurance paperwork — we can help handle your workers’ comp claim so you can focus on healing.

Document All Injury-Related Expenses

Document all missed days from work, all travel, and all out-of-pocket expenses due to your injury. Workers’ comp covers all medical expenses necessary for diagnosing and treating a workplace injury and you are entitled to reimbursement for any injury-related expenses, including reimbursement for mileage and parking related to medical visits and to pick up medications or supplies related to the injury. You must request reimbursement within 120 days of travel. Your employer’s insurance carrier must pay you within 30 days or provide written notice stating why the reimbursement was denied.

Resolve Your Claim

If you disagree with your employer’s insurance carrier about their benefits payment or another matter, you can request a hearing with the Office of Administrative Courts. The Prehearing and Settlement Conference Unit can also help resolve any pre-litigation issues, such as discovery (the exchange of evidence) or help mediate a settlement between parties. It is in your best interest to have a skilled workplace injury lawyer represent you to ensure your rights are protected.

How Our Colorado Springs Workers Comp Attorneys Can Help

Although most employees are entitled to workers’ comp benefits for a work-related injury or illness, employers and their insurance companies may try to make it difficult to obtain benefits or try to pay the least amount possible.

Insurance companies and/or employers may try to argue that:

• You were willfully negligent and did not follow proper safety procedures
• You did not wear the proper personal protective equipment
• You are lying about your ability to perform certain types of physical labor
• You were intoxicated with alcohol or drugs when the accident occurred

Workers’ compensation laws and the process for filing a claim can be complex, and employees often do not know their rights. After a work injury, you should be focused on your recovery, not fighting with your employer or their insurance company. That’s why you need to hire a litigation lawyer in Colorado who is highly skilled and experienced in workers’ comp claims to fight on your behalf.

At Ramos Law, we are committed to making sure you get the best possible representation. Dr. Joseph Ramos is an attorney and also a board-certified Emergency Department medical doctor. He and his legal team understand your injuries and what you are going through. You can count on our workers’ compensation attorneys to be in your corner. We know that these issues can be difficult and confusing, and we are here to help. Our work injury lawyers can assist with your initial claim, guide you through the entire process, and answer any questions you may have.

Our attorneys have represented employees in all types of work injury claims, including:

• Workplace slip-and-fall accidents
• Workplace explosions and fires
• Work-related auto accidents
• Back and neck injuries
• Injuries from falling objects
• Carpal tunnel syndrome and other repetitive motion injuries
• Illnesses caused by exposure to chemicals
• Permanent partial or total disability claims
• Fatal workplace injuries

We have experience handling all types of workers’ compensation cases. Our team understands how the system works and knows what it takes to help you obtain a favorable outcome.