Colorado Workers’ Compensation Lawyers
Unfortunately, being injured is a risk to any job. According to the United States Bureau of Labor Statistics, almost three million nonfatal workplace injuries and illnesses were reported in the private sector during 2020.[1] During the same year, private sector employers reported 4,764 fatal work injuries.[2]
Workers’ compensation laws provide employees benefits for medical expenses, lost wages, permanent disability, and disfigurement to ensure that injured workers receive compensation for their damages. Understanding these laws can be complex; therefore, you should always consult with an experienced workers’ compensation lawyer if you suffer an injury at work.
What Is a Workers’ Compensation Injury?
Workers’ compensation laws state that a worker who is injured, develops a medical condition, or dies while at work or performing work duties is eligible to receive compensation for their losses.
Common Examples of Workers’ Compensation Injuries
Examples of situations where an employee may be entitled to compensation under workers’ compensation laws include:
- Developing a condition from a repetitive action such as carpal tunnel syndrome
- An unintentional or intentional injury caused by a coworker, such as a coworker failing to secure the ladder you used to climb to the second floor of a construction site
- An injury caused by another person who is not an employee, such as an automobile accident while you deliver parts to a buyer
- A fatality or injury incurred due to the work environment, such as the employer’s failure to secure electrical lines properly
- Permanent lung disease or loss of vision due to hazardous materials used to perform your work or used on the worksite
- Accidently falling while stacking materials or removing items from a shelf
- Tripping over torn flooring moving from your desk to the copy machine
- Aggravating a pre-existing medical condition due to the work environment
It is impossible to cover every situation and scenario that may result in a workplace accident. The bottom line is that if you sustained an injury on the job, you must take steps to ensure that your right to receive workers’ compensation benefits is protected.
Workers' Compensation Law Frequently Asked Questions
Understanding the basics of workers’ compensation can help you as you work with your attorney to file a claim.
The benefits you are eligible to receive for your workplace injury depend on its severity and whether you have a permanent condition. In most cases, the employer and/or the workers’ compensation insurance carrier covers all medical expenses related to the injury. You will receive temporary disability payments during your treatment.
If you do not fully recover from the injury, you may receive compensation for a permanent disability, including an amount for scarring and/or disfigurement. Statutory limits for compensation determine the amount you receive. Because your employer’s insurance company will seek to pay the least amount possible, you need an experienced workers’ compensation attorney to ensure you receive the maximum compensation allowed under the law.
Seek immediate medical attention. Your health is your 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. If your injuries are not severe enough to require EMS, see a doctor as soon as possible.
File an accident report with your employer. Many employers have a procedure for reporting an injury at work. If so, follow the guidelines for filing an accident report with your employer. You should report the accident immediately, both verbally and in writing. Request a copy of the written accident report for your records.
See the company doctor. Some employers designate a specific medical provider for workers’ compensation claims. If so, you must see this doctor first and can obtain a second opinion if necessary.
Keep copies of all records, such as statements, bills, invoices, and others related to your work accident. If possible, take photos or have someone take pictures of the accident scene and your injuries. Keep a detailed journal noting dates and details of your recovery and any conversations or acts related to your workplace accident.
Being injured on the job can be very stressful as you worry about your health and how you will provide for your family if you are not working. A workers’ compensation attorney can help you navigate filing a claim.
A workers’ compensation claim can be complicated if you are required to attend hearings and fight for your right to receive compensation. Even though your employer and its insurance provider must work within workers’ compensation laws, you need an advocate to ensure that your best interest remains the top priority in your workers’ compensation claim.
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