Workers' Compensation

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Mintz Law Firm

Denver Workers' Compensation Lawyer

Employees should be able to be safe at their place of employment and work in a hazard-free environment. Unfortunately, accidents still happen, injuring millions and killing thousands each year. In 2019 alone, the United States Bureau of Labor reported that there were 5,333 fatal work injuries, a number that increases almost every year. In that same year, there were 2.8 million nonfatal injuries. 

denver work injury attorney
"Your employer is required by state law to pay for medical bills, lost income, disfigurement, and other benefits under its own insurance policy."

Most Denver workers are entitled to workers’ compensation benefits for a work-related injury or illness but obtaining funds may be difficult. If you have been injured on the job in Colorado, reach out to the Mintz Law Firm. Our workers’ compensation attorneys will work to obtain the benefits you deserve. 

Workers’ Compensation Laws in Colorado

Workers’ compensation laws protect employees when they sustain injuries or an illness on the job as a result of their work duties. All Colorado businesses must have workers’ compensation insurance and maintain it at all times, regardless of how many full-time or part-time employees they have. Businesses can purchase insurance from an agency, much like how they would purchase auto insurance. Employers cannot pass the cost of workers’ compensation to employees. Failure to carry insurance may result in hefty fines. 

Common Causes of Workplace Accidents in Denver 

Numerous factors can cause workplace accidents, ranging from a slippery floor to mishandling of hazardous materials, and several variables can contribute to or influence an accident. Some of the most common causes of workplace accidents in Denver include: 

  • Lifting: Employees are prone to sprains, strains, or tears when lifting heavy objects. 
  • Auto Accidents: For many employees, driving is part of their job. If you are injured in an auto accident while driving for work, even if you received the ticket for the accident, you may be eligible for workers’ compensation benefits. 
  • Poor lighting: Inadequate lighting accounts for numerous workplace accidents every year. 
  • Falls: Slick corridors, floors, and highly trafficked areas can cause an employee to slip or trip and fall. Falls from height, such as from scaffolding or on construction sites, can also lead to serious injuries. 
  • Hazardous materials: Improperly handling hazardous materials or not wearing personal protective equipment (PPE) can cause burns or other severe injuries. 

Ultimately, any harm you sustain at work may be eligible for workers’ compensation benefits and because workers’ compensation is considered a “no-fault” system, you do not have to prove that your injury was caused by the negligence of someone else in order to receive worker’s compensation benefits. If you are unsure or have questions, contact an attorney. 

What to Do after a Denver Workplace Injury

There are several things you should do following a workplace injury. You must report the injury as soon as possible. You must notify your employer within four days of the injury in writing. Waiting may jeopardize your workers’ compensation case. Your employer must then notify the insurance company within ten days of learning about the incident. The insurer will then assess the workers’ compensation claim and either deny or approve it. 

Photographing the injury and accident scene may help your case, as well. You should also keep notes on everything you said when reporting the injury and everything your employer did in response. Keep track of any witnesses and ask them if they saw anything that could have contributed to the accident. 

Once you report the injury, you should seek medical care. The employer determines which clinics are authorized to treat its injured workers. Even if you feel physically fine or show no external injuries, you do not want to risk complications later and miss out on financial compensation. Remember, you have the right for a doctor of your choosing to examine you, in addition to the one your company provides, but the employer or insurance carrier does not have to pay for that examination. However, if your employer does not direct you to an authorized medical provider, then it may lose the right to select who treats you. You should never delay medical assistance.

Who Is Covered Under Colorado Workers’ Comp Insurance?

Under Colorado law, nearly everyone hired to perform services for pay is considered an employee. However, there are exceptions which include:

  • Casual maintenance or farm work for less than $2,000 yearly
  • Independent contractors
  • Part-time domestic workers 

Colorado employers with one or more full and part-time employees must have workers’ comp coverage, which covers workplace injuries and illness regardless of fault. However, it’s important to note that although injuries are covered regardless of fault, compensation may be reduced if the worker’s injury resulted from willfully failing to use safety devices, follow protocol, or was under the influence of drugs or alcohol. 

If you’ve suffered a workplace injury or illness and are unsure if you’re covered under workers’ comp, contact an experienced Colorado workers’ comp lawyer. They can walk you through your legal rights and options to help ensure you achieve the best possible outcome for your circumstances.

What Injuries Are Covered Under Colorado Workers’ Comp?

Colorado workers’ comp covers any injury that occurred while the worker was on duty. It also covers illnesses caused by exposure to poor air quality, allergens, or harmful substances. Common injuries covered under workers’ comp include:

  • Torn meniscus
  • Broken bones
  • Torn rotator cuffs
  • Carpal tunnel
  • Bulging discs
  • Head injuries
  • Hernias
  • Cancer
  • Exposure to asbestos
  • Chronic obstructive pulmonary disease
  • Anxiety disorder
  • PTSD
  • Concussion

Nearly all kinds of injuries and illnesses related to the workplace are covered under workers’ comp. However, there are exceptions regarding when these injuries or illnesses are no longer covered. Injuries are no longer covered if:

  • Worker injured themselves or another purposely 
  • Worker was injured during a social or athletic event that was not considered part of their work-related duties
  • Worker was injured from an act of God (referring to events outside of human control or foresight)
  • Worker was horseplaying at the time of the injury

If you are unsure the circumstances of your injury or illness are covered under Colorado’s workers’ comp, contact a workers’ comp attorney who can help you understand your legal options.  

What Benefits Are Covered Under Workers’ Comp?

The various types of workers’ comp benefits offered to injured workers include:

Medical benefits

Workers’ comp pays any medical expenses related to the work-related injury. Medical benefits generally include: 

  • Doctor’s visits
  • Hospital stays
  • Medical supplies
  • X-Rays
  • Medication 
  • Physical therapy

If the medical expenses are needed to treat and assist in the injured worker's recovery, they will generally be covered under workers’ comp.

Temporary Disability Benefits

Injured workers are entitled to wage loss benefits if they are unable to work or are working but earning less due to their work restrictions. 

Permanent Partial Disability 

Workers receive this benefit because their injury limits their capacity to work, but they can continue working.

Permanent Total Disability

This benefit equates to two-thirds of the workers’ income at the time of the injury and is distributed when a worker is so severely injured they can no longer work in any capacity. 

Death Benefits

In the unfortunate event that a work-related injury or illness causes a death, the surviving family members can receive two-thirds of the deceased’s weekly wages.

Speak to an Experienced Workers’ Compensation Attorney in Denver 

Too many accident victims do not report their workplace injuries out of fear of their company terminating them. However, Colorado makes it illegal to do this. At the Mintz Law Firm, our workers’ compensation attorneys in Denver can help you obtain the medical care, lost wage benefits, and permanent disability benefits you are entitled to. We will fight and negotiate on your behalf to ensure you receive a fair settlement. 
Let us help you get back on your feet. Call (303) 462-2999 or complete our online contact form to schedule a free consultation with a work injury attorney.

Frequently Asked Questions About Worker's Compensation in Denver

When Should I Report a Workplace Injury in Denver, CO?

In Colorado, all employees must report workplace injuries within four days to their employer. The notification must be written, and for every day the employee fails to report, one day of worker's compensation is deducted. To file a worker's comp claim, the injured individual must file within two years of the injury or immediately after the death of an employee. 

Should I Notify My Employer That I Have Been Injured at Work?

All Colorado employees must notify their employers, in writing, if they have been injured on the job. In order to use the benefits of workers’ compensation when you have suffered non-fatal injuries, the report must be initiated within the deadline or as soon as possible. For work-related injury claims, a Denver workers’ compensation attorney can help you seek compensation for your injuries. 

Do I Need to Hire a Denver Workers’ Compensation Lawyer?

After suffering injuries while on the job, a workers’ compensation lawyer can help you obtain the benefits entitled to you under workers’ compensation benefits. It is unlawful for employers to terminate employment due to workplace injuries and an employee’s need for compensation. Hiring a skilled attorney may help you obtain the full amount of compensation for lost wages, injuries, medical care, and other unforeseen losses. 

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