When you’re injured on the job, Colorado workers’ compensation laws protect you. However, sorting through all the paperwork needed to file an injury claim can feel overwhelming. Fortunately, a workers’ compensation attorney will help you handle those responsibilities so you can focus on your health.
If you’ve been injured at work in Colorado, you may be unsure of the next steps. That’s where we can help. To make things easier, we’ve outlined your workplace injury rights and responsibilities:
What Rights Do Employees Have After a Workplace Injury in Colorado?
Colorado has established rights to ensure that every employee gets the care they need without fear of employer retaliation. The main workers’ compensation employee rights in Colorado include:
- Medical treatment: You have the right to seek medical care from a list of providers given to you by your employer.
- Wage replacement benefits: If your injury prevents you from working, you have a right to temporary disability benefits equal to two-thirds of your average weekly pay.
- Protection from retaliation: It is illegal for your employer to retaliate against you for filing a workers’ compensation claim. If they do, you may have grounds for a wrongful termination lawsuit.
Employee Responsibilities for Workers’ Compensation
Being injured on the job can be nerve-wracking and traumatizing, especially if the injury leaves you unable to work. To minimize stress and boost your chances of receiving workers’ compensation, contact a lawyer and follow these steps:
- Get emergency treatment (if needed) – If your injury is life-threatening or affects your long-term health, get medical treatment immediately.
- Contact a lawyer – If your injury doesn’t meet the criteria from step 1, call a lawyer first. A workers’ compensation attorney can guide you through the claims process by filing paperwork and adhering to deadlines on your behalf.
- Notify your employer of the injury – Have your attorney draft up a statement notifying your employer of the workplace injury. The notification must be filed within 10 days of your injury. Note that this is not the same as filing a claim; it is just the formal process of informing your employer of the injury.
- Seek medical treatment – If your injury isn’t an emergency, now is the time to get treatment. Select a healthcare professional from your employer’s designated provider list. You can request the list if your employer hasn’t yet provided one.
- Notify your employer and doctor of your inability to work – When you are injured at work in Colorado, it is your responsibility to tell your employer and doctor if you cannot perform your assigned job duties.
- File a workers’ compensation claim – Have your lawyer report the injury directly to the Division of Workers’ Compensation by filing a Workers’ Claim for Compensation form (WC15). This form can be filed at any time within two years of the injury. However, it’s always best to file as early as possible.
After reviewing your claim, your employer will respond with an acceptance or denial. If your employer accepts your request but the proposed terms aren’t suitable, work with your lawyer to draft a revised set of benefits.
If your employer denies the claim, your lawyer can request an expedited hearing within 45 days of the denial. The hearing will occur within 60 days of the application. You may also request a standard hearing any time after your claim has been denied. During the hearing, your lawyer will explain why you legally deserve compensation.
Worker’s Compensation Employee Rights FAQ
Do I have the right to worker’s compensation in Colorado for injuries that happened over time?
Your worker’s compensation employee rights in Colorado include coverage for gradually developing occupational injuries, like carpal tunnel or nerve issues. Unlike broken bones, a sprained wrist, or other abrupt injuries, slow-progressing conditions develop over time as you perform your standard job duties.
The worker’s compensation claim filing process for a sudden injury differs from that for a gradual one. For a sudden injury, you’d report the accident immediately or right after receiving emergency treatment. For a gradual injury, you’d report it as soon as you discover the condition.
For example, if you began experiencing carpal tunnel symptoms from typing every day, you wouldn’t be expected to report the first instance of wrist pain. Instead, you would report the injury to the employer if your wrist does not improve after a few days. In this case, failure to recover is a telltale sign that something is wrong – one bout of wrist pain could stem from various factors.
After submitting a claim for your gradually developing injury, the workers’ compensation process is the same as for any other ailment. Even the benefits you receive are comparable to those given for sudden traumatic injuries.
Injured at Work in Colorado? Call McDivitt Law Firm for Help
If you have questions about your workers’ compensation claim, fill out this free case evaluation form. We can help you secure the compensation you deserve and hold employers responsible if they illegally retaliate against you.