Can I File a Workers’ Comp Claim Due to Overexertion in Colorado?

 Posted on April 21, 2020 in Workplace Injury

A workplace accident can occur even when proper protocol is followed. Whether you work in a physically taxing job such as construction, or you are in an office setting, it is important to understand the protection that you have under workers’ compensation laws. In general, all companies in Colorado are required to carry workman’s comp insurance to cover their employees in the event of an accident. Some injuries are relatively minor, while others can result in permanent disability or even death. If you were hurt while performing your job, you may need significant rehabilitation, or you may be unable to continue working at your full potential. That is why it is imperative that you consult an experienced workers’ compensation attorney to learn your options regarding benefits. 

What Is “Overexertion”?

You do not need to suffer from a severe injury like a broken bone to be eligible for workers’ compensation benefits. A large percentage of the workers’ comp claims in this country are filed under overexertion, which occurs when a person feels acute pain either from repetitively using the same muscle or from pushing their body past its limits. Some cases of overexertion, like frequently lifting of heavy objects resulting in severe back pain, are obvious, while others are much more subtle. For example, if you believe that your job leaves you chronically fatigued, and you injured yourself because of that, you could claim that you suffered from overexertion. The subtlety involved in many of these potential claims might be contested by your employer’s insurance company, which is why it is essential to have legal representation when making a workers' comp claim. 

How Do I File for Workers’ Compensation?

In Colorado, you have four days to provide written notice to your employer of any work-related injury. They are legally obligated to report your claim to their workers’ compensation insurance provider within 10 days. Although Colorado employers are required to provide workers’ compensation insurance for their employees, there is a chance that you will not be covered if you have performed maintenance work for under $2,000 a year, do part-time domestic work, or are an independent contractor. 

In cases where your employer does not file your claim, you have two years to file a claim yourself. If you have a “reasonable excuse,” like being unable to file because of your injury, you have up to three years to file. 

What if My Claim Is Denied?

Sometimes, insurance companies deny or challenge workers’ comp claims. If this happens to you, you still have options. To defend your claim, you must complete an Application for Expedited Hearing. An attorney can assist you with this hearing process, since there are various forms to fill out and tight deadlines that must be met. If you are unhappy with the judge’s decision in your case, you and your attorney have the right to file an appeal.

Contact a Larimer County Workers’ Compensation Attorney

Life can become very difficult after a work injury due to overexertion. In some cases, employees may not be able to return to work in the same field. If you or your loved one was hurt at your job, you may be entitled to compensation for your medical bills and lost wages. The skilled legal team at Hoggatt Law Office, P.C. understands the workers’ compensation process in Colorado. To learn more about how our attorneys can help you in your case, schedule a free consultation with one of our Ft. Collins workplace injury lawyers today by calling 970-225-2190.

Sources:

https://www.colorado.gov/pacific/sites/default/files/WC_ACT_2015_1.pdf

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