Colorado Springs Workers’ Comp Lawyer
If you’ve been injured or have become ill on the job in Colorado, you are likely entitled to workers’ compensation benefits under your employer’s workers’ compensation policy. Unfortunately, many workers find it difficult or impossible to get the benefits they’re rightly owed, whether it is due to their employer’s reluctance to assist or due to issues with the insurance company.
Immediately following any workplace injury or illness, don’t leave your health and livelihood to chance. Hire an aggressive, experienced Colorado Springs workers’ compensation attorney to assist you with your claim right away.
The Sawaya Law Firm is here to help workers seek the full benefits they’re owed after an injury. To learn more about the benefits you might be entitled to and how we can help, call us or fill out the form on our contact page.
What Injuries Are Covered by Workers’ Compensation?
Colorado state law requires employers to provide workers’ compensation coverage for their employees. This coverage extends to all on-the-job injuries and workplace-related illnesses.
In short, almost any workplace injury or illness is covered by your employer’s workers’ compensation program, regardless of who is at fault. Exceptions may include, for example, an injury that occurs due to “horseplay” or that was inflicted by an employee on purpose.
Some common on-the-job injuries include:
- Injuries from overexertion on the job (back and neck injuries, muscle strains, joint injuries, heat exhaustion, etc.)
- Slip-and-fall or trip-and-fall injuries
- Injuries from being entangled in machinery or from malfunctioning equipment
- Injuries from falling objects
- Repetitive motion injuries (carpal tunnel syndrome, etc.)
- Injuries from inhaling toxic fumes or being exposed to other hazardous products or materials
What Should You Do After Suffering an Injury at Work?
There are a few important steps to take after suffering an injury at work:
- Notify your employer of your injury in writing as soon as possible. You or another employee can make the initial report verbally right after the accident, but you should also tell your employer about the injury in writing, ideally within four days if you are physically and mentally able to do so. If you don’t let your employer know about your injury in writing, you may be jeopardizing your workers’ compensation claim.
- If needed, seek emergency medical treatment immediately.
- The Colorado Department of Labor and Employment says that if the injury is not life-threatening or limb-threatening, you should see whatever medical provider is selected by your employer.
- Once you’ve seen to your immediate injuries and notified your employer, it’s time to hire a workers’ compensation attorney. Hiring a lawyer will help you get your benefits more quickly and make sure you get the full amount to which you are entitled.
What Workers’ Comp Benefits Are Available to Workers in Colorado Springs?
The goal of Colorado’s workers’ compensation system is to quickly provide relief for employees after an on-the-job accident. To that end, workers’ compensation allows injured employees to pursue multiple benefits after they’ve been injured. Those benefits include:
- Medical bills – This includes the cost of any doctor’s visits along with the cost of prescription medications, physical therapy, surgeries, hospital stays, etc.
- Lost wages/disability benefits – The benefits you can receive for your lost wages or for being unable to return to work will depend on the extent of your injuries. If you are unable to work at all while you are recovering from your injuries, you may receive Temporary Total Disability benefits, which are usually equal to ⅔ of your average weekly wages. If you are able to work with a modified workload or with other changes, you can receive Temporary Partial Disability benefits that cover a smaller amount of your losses. If your injuries result in permanent damage that impacts your ability to work, you may receive Permanent Total Disability or Permanent Partial Disability benefits. For Permanent Partial Disability benefits, your treating physician will determine your percentage of disability, and that figure will be used to determine any benefits you may receive.
It’s important to note that Colorado’s workers’ compensation system is a no-fault system. This means that workers can get benefits no matter who was at fault for their injuries, but they are limited in the type of legal action they can take against their employers.
However, if a non-employer third party contributed to your injuries (for example, a driver not employed by your company injures you in a car crash while you are working), they could be held liable for negligence and damages using normal personal injury proceedings.
What Evidence Do I Need for My Workers’ Comp Claim?
Colorado uses a no-fault system for workers’ compensation claims. This means you don’t need to prove that your injuries are not your fault. However, you will need evidence of your injuries when it comes time to determine your benefits. Your medical records, testimony from your treating physician and other providers, witness accounts, and other expert testimony can help verify the extent and nature of your injuries, which can help you claim more benefits.
Can I Work While Receiving Workers’ Comp?
Your treating physician will determine if you can work at all while receiving workers’ compensation benefits. In some cases, your doctor may determine that your injuries are too severe for you to return to work immediately, in which case you could be eligible for Temporary or Permanent Total Disability benefits.
As you heal, your doctor may decide that you can return to work with modified duty, fewer hours, or other restrictions. If that’s the case, you will be required to go back to work even while you’re receiving benefits.
What Happens If My Workers’ Comp Claim Is Denied?
Should your workers’ compensation claim be denied, you need to speak to an attorney right away. You have the right to appeal a claim denial. We can work with you to seek the benefits to which you are entitled.
How Can a Workers’ Comp Lawyer Help?
An experienced workers’ compensation lawyer can help you navigate the complex claims process and pursue full compensation. Steps they’ll take may include:
- Filling out your workers’ compensation claim paperwork correctly and on time.
- Gathering medical records, expert testimony, and other evidence to help you secure the maximum benefit amount.
- Helping you find the right providers to give you the best chance at a full recovery.
- Guide you through the appeal process if your initial claim is denied.
Colorado workers have rights if they’re hurt on the job, and The Sawaya Law Firm is here to stand up for those rights. To schedule your free initial consultation, call us or visit our contact page.