Who Can Apply for Workers' Compensation in Colorado?

 Posted on October 21, 2022 in Workplace Injury

The law in Colorado regarding which companies are required to carry workers’ compensation insurance and who is eligible to use it is relatively straightforward compared to some other states. Any company in Colorado that has at least one employee within the state is required to use the workers’ compensation program, meaning that there is generally no reason a worker in Colorado should not have access to these critical benefits when they are needed.

Workers’ compensation is an incredibly important program. No matter what line of work you are in, there is nearly always a chance that you will suffer an injury related to your career. Even white-collar employees who mainly sit behind a desk to perform their job duties may suffer an injury, whether due to a defective office chair or repetitive stress, as is the case with many who develop carpal tunnel syndrome. If you have been injured due to your work and are in need of workers’ compensation benefits, an attorney may be able to help you obtain the temporary or permanent benefits you need.

Who Is Considered an Employee for Workers’ Compensation Purposes?

Determining who is or is not an employee for the purposes of workers’ compensation benefits is generally, but not always, fairly straightforward. The rule in our state is that anyone who is paid by a company for work they perform is presumed to be an employee of the company issuing the paycheck. Employees are eligible for workers’ compensation whether they are full-time, part-time, or a family member of the business owner.

These protections are in place so that part-time employees cannot be denied workers’ compensation benefits after a workplace injury strictly on the basis that they do not work full-time. This rule may be critically important for people who are limited to working part-time for a variety of reasons, or who work a part-time job in addition to their full-time work. Part-time employees who are hurt at work may still lose vital income and may be in equal need of compensation for lost wages and medical costs.

There is one important exception, which pertains to independent contractors. Independent contractors may not be eligible for workers’ compensation benefits, as they work for themselves rather than for the company. However, some employees are misclassified as contractors - if you are considered an independent contractor and are injured at work, it may be wise to speak with an attorney about whether your classification comports with Colorado labor law.

Contact a Larimer County Workers’ Compensation Attorney

Hoggatt Law Office, P.C. strives to obtain needed workers’ compensation benefits for each client. Our skilled Fort Collins workers’ compensation lawyers will do all we can to win you the compensation you need after a workplace injury. Call 970-225-2190 for a free consultation.

Source:

https://cdle.colorado.gov/dwc/employers