This video, featuring Tom Crowley, a workers’ compensation attorney at Ramos Law, explains the fundamentals of workers’ compensation, a state-administered program that provides benefits to employees injured on the job, regardless of fault. Unlike common law, workers’ compensation operates on a “no-fault” basis, meaning the employer’s insurance is responsible for benefits even if the employee wasn’t at fault. The video covers various aspects of workers’ compensation, including the types of injuries covered, the handling of pre-existing conditions, and what happens when employers lack workers’ compensation insurance .
The discussion also addresses specific scenarios, such as injuries sustained while traveling for work and the coverage of mental injuries and COVID-19-related issues. It clarifies that while workers generally receive two-thirds of their gross average weekly wage, there are caps on these benefits, and some states offer additional benefits like vocational rehabilitation, which Colorado does not. The video emphasizes the importance of empathy in this area of law, as attorneys often help people during difficult times
Key Insights:
- Workers’ Compensation Definition: It’s a state-run program compensating employees injured at work, regardless of fault
- No-Fault System: Employers and their insurers are responsible for benefits, even if the employee caused the injury .
- Broad Coverage: It covers all job types, from blue-collar to white-collar
- Mental Injuries: These can be covered, but requirements vary by state
- COVID-19 Coverage: Reactions to mandated vaccines are generally covered
- Traveling Employee Doctrine: Injuries while traveling for work are usually compensable.
- Pre-existing Conditions: If work aggravates a pre-existing condition, it can be covered.
- Uninsured Employers: Employers must have workers’ compensation insurance; failure to do so can lead to penalties.
- Wage Loss Benefits: Injured workers typically receive 66 2/3% of their average weekly wage, up to a cap.
- Limited Future Earnings Coverage: Colorado doesn’t compensate for lost future earnings.
(FAQ) Frequently Asked Questions
- What is workers’ compensation? It’s a state program that pays workers injured on the job
- Does it cover all jobs? Yes, it covers all professions
- Does fault matter in workers’ compensation? No, it’s a “no-fault” system.
- Are mental injuries covered? Yes, but state regulations vary
- What about COVID-19? Vaccine reactions mandated by employers are generally covered
- What if I’m injured while traveling for work? It’s generally covered under the “Traveling Employee Doctrine”.
- What about pre-existing conditions? If work aggravates it, it can be covered
- What if my employer doesn’t have workers’ compensation insurance? They face penalties
- How much wage loss compensation will I receive? Typically, 66 2/3% of your average weekly wage, up to a limit
- Will I be compensated for lost future earnings? Not in Colorado
