Colorado Workers' Compensation laws protect workers who are injured on the job. Workers' comp provides medical care and benefits for a workplace injury until the injured worker is well enough to return to work. Unfortunately, the insurance company or employer may try and deny workers' comp benefits to save money, leaving the injured worker without medical coverage and without an income.
If your workers' comp claim is denied after a workplace injury, contact an experienced Colorado workers' compensation lawyer for help. At Mandelaris Law, LLC, we fight for workers and their families to get the benefits they deserve after an on-the-job injury.
Workers' Comp in Colorado
Workers' comp covers on the job injuries and work-related illnesses. Many workers' comp injuries involve a one-time accident, like falling off a ladder or getting a limb caught in heavy machinery. Workers' comp can also include illness or injury that occurs over time, like continued exposure to hazardous materials or repetitive stress injuries.
Workers' comp claims generally do not require any showing of fault. The worker does not need to show the employer was negligent in causing the accident. As a trade-off, the workers' benefits are limited to wage replacement and medical treatment. Workers are generally limited against filing a personal injury claim against the employer for an on-the-job injury.
If you are injured on the job, the first step is to seek medical care. You must then report the injury to your employer, in writing, within 4 working days of the injury. You should then report your injury to the Division of Workers' Compensation.
Workers' Compensation Benefits
Benefits under workers' comp generally include covering your medical bills related to the injury, and partial wage replacement. Wage replacement benefits begin if you have missed more than 3 days or 3 shifts because of the work-related injury. Benefits should continue until you are able to go back to work or after reaching maximum medical improvement.
The benefits available will depend on your wages and the type of injury. Workers' comp disability is classified as one of the following:
- Temporary Total Disability (TTD)
- Temporary Partial Disability (TPD)
- Permanent Partial Disability (PPD)
- Permanent Total Disability (PTD)
For TTD claims, benefits are paid at 2/3rds of your average weekly wage every 2 weeks. TTD claims require a doctor to take you completely off of work or give you restrictions that your employer cannot accommodate.
Workers' Comp Denial and Appeal
After filing a workers' comp claim in Colorado, your employer may try to deny your claim or cut off benefits. There are many reasons why your employer or workers' comp insurance company can deny a claim, including:
- The injury was not work-related
- The injury occurred on personal time
- The worker was under the influence of drugs or alcohol at the time of the accident
- The individual is physically able to continue working
- The worker filed a fraudulent workers comp claim
Unfortunately, your employer may try and deny your claim even if you filed a legitimate claim and are not able to work because of a workplace injury. If your claim was denied or your benefits are cut off, talk to a Colorado workers' comp lawyer about how to make sure you get your benefits.
If the employer or insurance company denies your claim, they will file a Notice of Contest. You can file an Application for Expedited Hearing within 45 days of mailing of the Notice of Contest. Before filing an appeal, make sure you understand why your claim was denied and how to make sure you won't be denied a second time. Your workers' comp lawyer will be able to file the appeal on your behalf, represent your interests, and fight to keep your benefits.
Contact Denver Workers' Comp Lawyer
If you were injured on the job or cannot work because of a work-related illness, contact an experienced workers' comp attorney to understand your rights. Call Mandelaris Law at (303) 357-9757 today and schedule a free initial consultation with our highly skilled Denver attorney.