Denver Workers’ Compensation Lawyer
NOTE: Our law firm does not handle workers’ compensation cases. This article is for informational purposes only. Information found in the article does not constitute formal legal advice and does not create an attorney/client relationship.
Navigating the workers’ compensation claims process can be a challenge. You may also have rights under Colorado personal injury laws.
Don’t wait another day to get legal advice. You may be entitled to compensation for medical bills, lost wages, and more.
Overview of the Workers’ Compensation Laws in Colorado
Workers’ compensation is a no-fault insurance system that protects employees who are injured on the job. It also provides compensation to employees who develop work-related illnesses.
Under the Colorado Workers’ Compensation Act, all Colorado employers must purchase workers’ compensation insurance. Workers’ compensation is legally required if a business has even one employee.
Workers’ compensation is designed to provide proper medical care and wage replacement benefits while an injured employee recovers from a job-related condition. In exchange, you give up your right to sue your employer for damages.
Do I Qualify for Workers’ Compensation Benefits?
Under Colorado law, you qualify for workers’ compensation benefits if:
- You were injured while performing work-related duties
- You were an employee, not an independent contractor
In most cases, these are the only requirements for claiming workers’ comp benefits. You don’t have to prove that your employer was somehow responsible for your injuries or illness.
You may also qualify for benefits if you were injured outside of your normal workspace. As long as you were injured or became ill while acting within the scope of your employment, you should be covered.
What is My Denver Workers’ Compensation Claim Worth?
The primary facts that will impact the value of your workers’ compensation claim include:
- The severity of your injuries and the nature of your disability
- Whether you will make a full recovery
- How long it takes to reach maximum medical improvement (MMI)
- Whether you are totally disabled or able to earn some income during recovery
- Your average weekly wages prior to the disability
- Whether you can file a personal injury lawsuit against a third party
Typically, injured workers receive about ⅔ of their average weekly wages during recovery. However, your workers’ compensation benefits are limited by a statewide cap regardless of the specific details. If you file a claim for benefits between July 2023 and June 2024, the maximum you can receive each week is $1,293.25.
What Types of Benefits Does Workers’ Compensation Provide?
Workers’ compensation offers financial support for workers who are injured in the course of employment.
Workers’ compensation covers all medical costs associated with the injury, including mileage and parking reimbursement for follow-up visits with your doctor and other medically necessary travel. It also provides wage replacement benefits to disabled workers.
The types of disability benefits you receive will depend on the nature of your disability and may include:
- Temporary total disability benefits if you cannot earn any income during recovery
- Temporary partial disability benefits if you can work during recovery but cannot earn your normal pay
- Permanent total disability benefits if your injury permanently prevents you from working in any capacity
- Permanent partial disability benefits if your injury involves a permanent impairment that prevents you from using a specific body part
Disability benefits are available if your injury prevents you from working for at least three work shifts.
Family members may also be entitled to receive death benefits when an employee dies because of a work-related injury or illness.
Can I Recover Additional Damages Under Colorado Personal Injury Laws?
Most of the time, workers’ compensation laws prevent you from suing your employer. However, that doesn’t mean you can’t sue a negligent third party for damages.
For example, if you were injured in a car accident while delivering products to a client, you may have a valid claim against a negligent driver who caused the accident. Similarly, if you were injured due to dangerous property conditions, you could have a valid lawsuit against the property owner.
If you do have a valid third-party claim, you may be entitled to compensation for:
- Any medical costs not covered by workers’ comp
- 100% of your lost wages
- Reduced earning potential
- Nursing care
- Personal care
- Property damage
- Pain and suffering
- Diminished quality of life
- Anxiety
- Depression
- PTSD
- Physical disfigurement or scarring
- Loss of consortium
It’s important to remember that you must establish fault to recover these additional damages. Typically, that means establishing negligence.
Your claim will also be subject to Colorado comparative negligence laws. If you’re found to be at least 50% responsible for your own injuries, you cannot recover compensation from the negligent third party. If your share of fault is less than 50%, your compensation will be reduced by your percentage of fault.
Denver Workers’ Comp Lawyers Can Fight to Recover Fair Compensation for Your Workplace Injuries
Depending on the circumstances and your line of work, it’s possible to suffer a wide range of workplace injuries.
Call your law firm regardless of the types of injuries you have suffered, including:
- Broken bones
- Occupational illnesses
- Repetitive stress injuries
- Crushing injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Nerve damage
- Concussions
- Back injuries
- Lung damage
- Cancer and other diseases
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
What Causes Most Workplace Injuries in Denver, Colorado?
Our lawyers in Denver handle all types of work-related injury claims, including those involving:
- Communication failures
- Defective work equipment (product liability)
- Violation of Colorado or OSHA safety regulations
- Slip and fall accidents
- Premises liability and dangerous property conditions
- Negligent hiring practices
- Electrocution and electric shock
- Falling objects
- Heavy lifting and repetitive motions
- Toxic exposure
- Failure to provide proper safety equipment, including fall protection
- Being caught between two objects
- Inexperienced workers
Any workplace can be dangerous if conditions are right. Whether you were injured in a dangerous construction site accident, in a restaurant’s kitchen, or in a downtown office building, you deserve to understand your legal rights.
How Long Do I Have to File a Claim for Workers’ Compensation Benefits Under Colorado Law?
To protect your right to workers’ compensation benefits, you should report your injury to your employer within ten days of an accident. If you cannot provide notice within ten days, you should still report the injury as quickly as possible. However, you have two years to file a formal workers’ compensation claim.
The two-year clock will start to run on the day you sustain an injury or are diagnosed with a disease.
If you’re entitled to file a personal injury lawsuit, the statute of limitations typically gives you two years to take action against the negligent third party. If you were injured in a car accident, the deadline is three years from the date of the accident.
