Do I Qualify for Workers’ Compensation Benefits

Unfortunately, not everyone is eligible to receive workers’ compensation benefits, or your benefits may be denied, even when the situation seems cut and dry. To learn if you are eligible or have been wrongly denied benefits, talk to an experienced and skilled Colorado workers’ compensation attorney as soon as possible.

In the state of Colorado, you must meet four basic eligibility requirements before you are allowed to collect workers’ compensation benefits.

• You must be an employee: while this may seem like an easy qualification, for many it is actually a complex one. Seasonal employees, for example, may not believe that they are covered under workers’ compensation insurance, but they are. Independent contractors, on the other hand, are not. Sometimes, employers will purposefully misclassify someone as an independent contractor to avoid having to pay workers’ compensation premiums or payroll taxes. Even if you have signed documents indicating you are an independent contractor, that does not necessarily make it so under the Workers’ Compensation Act. So, who is not entitled to workers’ compensation? Here are a few examples:
  • Freelance workers Consultants
  • ‘Gig’ workers
  • Volunteers (except for firefighters)
  • “True” Independent contractors
• Your employer must carry workers’ compensation coverage (with one exception): Colorado requires any business with at least one or more full or part-time employee to provide workers’ compensation coverage for that employee. When an accident occurs, those benefits will kick in and provide payment or reimbursement for medical expenses, as well as a portion of lost wages. However, not all businesses purchase this insurance coverage, even when they are required by law to do so. If your Employer does not have workers’ compensation insurance, your Employer may be liable to you directly for workers’ compensation benefits, or you may choose to sue your employer for negligence or any other applicable cause of action. If you are injured on the job and your employer does not have workers’ compensation insurance, you should still contact an attorney immediately. 
• You must be injured “at” work: To receive benefits, you must clearly establish that you were injured “at” work, that you were in “travel status” for your Employer, or that you contracted a work-related illness. This can be difficult to establish, especially for individuals with pre-existing illnesses or injuries or for those suffering from a repetitive work injury. It can also be difficult to determine if an individual is covered by workers’ compensation when they are outside of the workplace. For example, workers who are injured in a car accident on the way to or from work may or may not be covered by workers’ compensation insurance, as there are many factors that come into play when an Employee is driving to or from their job. If you are driving during working hours for your job when you are involved in a motor vehicle accident, you likely have a viable workers’ compensation claim. Call an experienced and skilled workers’ compensation lawyer immediately to learn more about when injuries or illnesses are work related.

• You must meet state deadlines for filing a claim: To receive benefits, you must file the necessary claim(s) before the statute of limitations has run. In the state of Colorado, you must report your work injury to your employer within four days of the injury, although the sooner the better. This report must be in writing. For every day you fail to report your injury, you may lose one day of workers’ compensation benefits. To file a claim, you have two years from the date of injury or you will lose your chance to ever file a claim. Only in rare circumstances can the statute of limitations be tolled to allow for the filing of a claim more than two years after your date of injury.