Am I Entitled to File for Workers’ Compensation in Colorado?

 Posted on October 04, 2019 in Workplace Injury

Even when safety precautions are put in place, accidents can and do happen in many industries. Although no workers’ compensation case is alike, there are certain things a person can expect when filing for benefits regardless of the type of accident. If an individual is hurt and cannot work due to a workplace-related incident, most employees have the right to file a workers’ compensation claim. Employment laws exist to protect employees, and if a claim is approved, an injured worker will be compensated for lost wages and medical bills.  

Colorado Employment Law

Almost all public and private employers in Colorado are required to have and maintain workers’ compensation insurance, with few exceptions. Keeping with regulations, a “Notice to Employer of Injury” poster should be visible to employees at all times. Employees should not feel threatened to report an injury if it ever happens. It is illegal to fire an employee who reports an injury and files a workers’ comp claim. 

After an injury has occurred at work, it is important to report the injury to management right away. In Colorado, the limit is four days to inform the employer; otherwise, a claim may be denied, and benefits may not be received. If the injury is life-threatening, it is imperative to seek medical attention first. The notification to the employer must be in the form of a written statement. After the employer receives the notice, the company has 10 days to report the incident to the insurance carrier using an Employer’s First Report of Injury form. This acknowledges that an employee is filing a workers’ compensation claim. 

To confirm an injury, an employer has the right to designate a medical provider for the employee to see. A medical visit for workers’ compensation not only ensures an employee receives proper care, but it can also verify how long he or she should abstain from work. 

If an employee cannot return to work, he or she may be eligible to receive compensation for lost wages. This ensures the worker can keep up his or her standard of living and support any dependents. Under Colorado law, wages include the salary or hourly pay earned by an employee, as well as any fringe benefits provided by an employer, such as rent, housing, or board, as well as group health insurance. How much monetary compensation an injured employee receives depends on how much he or she makes in his or her current position. For a salaried employee, for example, his or her monthly wages would be multiplied by 12 and divided by 52. If a person made $2,500 a month, that would translate to an average weekly wage of $576.92. Workers' comp will pay wage replacement benefits of two thirds of this amount while the employee is unable to work.

Contact a Fort Collins Workers’ Compensation Attorney

Nobody expects to get hurt while on the job, but accidents can occur no matter what field of work you are in. Receiving the benefits you deserve after a workplace accident can be a complicated process. That is why you need the guidance of an experienced Larimer County workplace injury lawyer on your side. The skilled legal team at Hoggatt Law Office, P.C. will navigate the claims process for you in order to ensure that you receive the benefits you deserve. Call our office today at 970-225-2190 to schedule a free consultation. 

Source: 

https://www.colorado.gov/pacific/cdle/employers-wc