Frequently Asked Questions About Workers' Compensation

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Our workers’ compensation attorneys at The Sawaya Law Firm have helped hundreds of injured Colorado workers, and we want to help you obtain the resources and benefits you need to get your life back on track after suffering a serious workplace accident. We offer answers to some of the most commonly asked questions about workers’ compensation insurance:

Workers' Compensation

How do I know whether I am eligible for workers’ compensation?

Most Colorado employees are covered by workers compensation insurance; however, there are a few exceptions. The Division of Workers’ Compensation provides a partial list of exemptions from coverage requirements online and can provide detailed information if needed.

What types of injuries are covered by workers’ compensation?

Injuries sustained in any workplace accident and occupational illnesses are covered by workers’ compensation insurance. Repetitive injuries, such as carpal tunnel syndrome, that develop over time, are also covered.

What monetary benefits are available if I become disabled?

If a workplace accident or injury leaves you disabled, the monetary benefits you will be entitled to receive under workers’ compensation will depend on the degree and duration of your disability. Benefits are paid for Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Partial Disability (PPD), and Permanent Total Disability (PTD).

Benefit amounts will be based on the wages you were earning before your disability and on the degree of disability. In the case of Permanent Partial Disability, your benefit amount will be based on your previous wages and the percentage of disability (impairment rating) assigned by your treating physician after you reach maximum medical improvement (MMI).

My supervisor says that I can’t get workers’ compensation because it was my fault that I got hurt. Is that correct?

No. Workers’ compensation is a no-fault insurance system, and your injuries should be covered even if you were at fault for the accident. However, according to the Colorado Division of Workers’ Compensation, your benefits may be reduced if the injury resulted from your use of drugs or alcohol, if you willfully failed to use a safety device, or if you willfully failed to follow safety rules that were reasonable, written and posted.

Who pays for workers’ compensation benefits?

Most Colorado employers are required to carry workers’ compensation insurance. When a workers’ compensation claim is filed, the employer’s workers’ comp insurance carrier pays the medical bills and the wage reimbursement benefits to the injured worker.

Should I hire an attorney to handle my workers’ compensation case?

If your injuries are serious, you may need an attorney to help ensure that you receive full benefits. The workers’ compensation claim process can be complex, and insurance companies are concerned with their own bottom line and want to minimize the amounts they pay out. If you work with the Sawaya Law Firm, you will have our experience, skills, and dedicated legal advocacy in your favor.

Can I settle my case?

Many injured workers settle their workers’ compensation claims. You will need an experienced Colorado workers’ compensation lawyer to negotiate the settlement with your employer’s insurance company. Our accident and injury lawyers at the Sawaya Law Firm are well-versed in workers’ compensation matters, and we will protect your rights and aggressively pursue the maximum benefits you are entitled to receive.

Sources:

  • Division of Workers Compensation: Employers’ Guide

 

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