If you suffer an injury at work, the law provides that you are entitled to medical care and disability pay, and other benefits, even if the accident was your fault. You should notify your employer of the injury immediately and request medical care. (Your employer is required to file a report of your injury through the Division of Workers’ Compensation within three days of the injury.) You should report this injury to your employer immediately and get medical care, even if your employer tells you not to get medical care. (It is against the law for an employer to request that you not report or seek medical care for your injuries.) You should get an attorney to help you immediately, even if your employer and Workers’ Compensation insurance company file an admission to your claim. This is true because there are benefits that you are entitled to that they won’t tell you about. For example, they may have failed to admit to some benefits you are entitled to, or they may have miscalculated the benefits you are owed.
Get Treatment
It’s very important that you get treated for your injuries. The insurance company and your employer are required to appoint you a doctor. If you do not like the doctor chosen by the insurance company and your employer to provide treatment while you recover, McDivitt Law Firm will help you select a different doctor, because the law provides a procedure for this purpose. Your primary doctor will treat you until you have reached what’s called Maximum Medical Improvement – meaning in that doctor’s opinion, you have recovered from your injuries as much as you ever will. At that point, you are entitled to receive money for your injuries provided under a very complicated calculation set forth in the law. Even after you reach MMI, you may, under some circumstances, continue to receive medical care. McDivitt Law Firm will help you get a second opinion from another doctor, as provided by law, if you are not happy with the treating doctor’s final opinion at the end of your treatment. To learn how our Colorado Workers’ Compensation Attorneys can help you through this part of the process, click here.
Was Your Claim Denied?
Lost Wages
Throughout this entire process of dealing with your injuries, seeking treatment, and trying to get cooperation from the insurance company, you might also be missing time from work. Even if the insurance company accepts liability for your medical expenses, you may not necessarily be getting all of the compensation you’re entitled to – such as lost wages, mileage for doctor’s visits, and other benefits. The Worker’s Compensation attorneys and legal team at McDivitt Law Firm can help you get all of the benefits you deserve. To learn more about what we are able to do on your behalf, click here.
Will Filing a Workers’ Compensation Claim Affect My Ability to Keep My Job?
No, filing a workers’ compensation claim will not affect your ability to keep your job. Colorado law strictly prohibits employers from retaliating against employees who have requested restitution. Still, many hesitate to file a claim, fearing it will sour their relationship with their employer. Here’s why that shouldn’t be the case:
- Legal Protections for Employees: It is illegal for an employer to fire you for requesting workers’ compensation. Retaliating against an employee for seeking help after a workplace injury can result in steep fines. Unlawful retaliation also gives you the right to sue for wrongful termination.
- Employer Does Not Need to Be Blamed for the Injury: People often worry that pursuing a claim will make their employer appear negligent. On the contrary, workers’ compensation requests do not assign fault to any party. They’re simply a means to help with injury-related expenses.
- Workers’ Compensation Insurance: Colorado law requires every employer to have workers’ compensation insurance. This insurance policy covers the costs of your claim, so your employer doesn’t have to pay it out of pocket.
Ultimately, asking for workers’ compensation is fair and reasonable; your employer should never take it personally. You’re legally protected against retaliation, and your request should not impact your employer’s finances. If you have concerns about submitting a request, speak to a workers’ compensation attorney.