In the Workers’ Compensation system in Colorado negligence or intentional wrong-doing are irrelevant as to whether you receive Workers’ Compensation benefits. You are usually able to receive workers’ compensation benefits if you were injured in the “course and scope” of employment, even if you were at fault in causing your own injury.
However, although you do not receive “Pain and Suffering” damages in the workers’ compensation system, you are entitled to many benefits, including disability pay when you can’t work, permanent impairment, medical and rehabilitation care, and many other benefits.
The amount of money you are paid through workers’ compensation is determined by the seriousness of your injury and the amount of time you spend away from work. If you miss more than three days of work, you can qualify for a form of wage replacement known as temporary disability. Also, if you have a permanent impairment due to your injury, you will be entitled to money for your impairment.
Although there are many benefits workers’ compensation provides, such as medical and rehabilitation care, there are four primary benefits you may receive when injured on the job:
According to the Colorado Department of Labor & Employment, there are two types of temporary disability:
Temporary Total Disability
The benefit rate for an injured worker who misses more than three days of work is two-thirds of the employee’s average weekly wage at the time of the accident, during the time he or she is totally off of work.
Temporary Partial Disability
For an injured worker who has returned to work for less than full wages, the benefit rate is two-thirds of the difference between the employee’s average weekly wage at the time of the accident and the reduced wages received after the accident.
Benefits are also awarded based on your level of impairment after reaching maximum medical improvement (MMI), a determination that must be made by a doctor:
- Permanent Partial Disability (PPD)
If your work-related injuries resulted in some type of permanent impairment, but did not render you totally “impaired”, you are likely to be entitled to a monetary award to compensate for your permanent impairment.
- Permanent Total Disability (PTD)
Benefits are available for an injured worker who is unable to return to work or pursue any other employment. This benefit is called “permanent total disability” and will continue as long as the total disability continues.
Workers’ compensation law is one of the most complicated areas of the law in Colorado, and requires the assistance of an experienced workers’ compensation lawyer to ensure that you receive full benefits. The experienced workers’ compensation lawyers at McDivitt Law firm can help you determine benefits for which you’re eligible.
Give us a call toll free at (877) 846-4878 to arrange a free initial interview, or click here for a consultation form. The initial consultation is free, and there is no fee until we collect money for you.