North Denver
Workers’ Compensation
Why We Need It
Workers’ Comp is a valuable asset to both employee and employer. It creates confidence and assurances that if an employee is injured on or by the job, they can quickly and easily receive help and benefits.
At Hull & Zimmerman, many people come to us who don’t know how workers’ compensation works or how to take advantage of it when they’re entitled to it. We’d like to help those in need of this information. Our legal team is prepared to walk you through everything you need to know and understand about your workers’ compensation rights.
Workers’ Compensation Definition
Workers’ compensation, sometimes called workers’ comp or workmen’s compensation, is an insurance that a company pays into that will provide payment and benefits to an employee who has been injured on the job. It’s important to know that when an employee is hurt or becomes ill while working and decides to file a workers’ comp claim in Colorado, the employee can not sue the employer for negligence at a later time.
Workers’ comp insurance covers all work-related injuries or illnesses and will help with medical expenses, lost wages, and more. Our attorneys have the experience to get you monetary aid should you require ongoing medical treatment or are unable to work in any capacity in the future. In cases that prove future work or employment impossible, having one of our seasoned workman’s comp attorneys by your side will ensure you get the maximum compensation.
If your quality of life suffers because of an occupational injury, you should be compensated accordingly.
Workers’ Compensation Injuries
Our Denver workers’ comp injury lawyers have seen various injured parties who have been hurt or become ill on the job. Some of the most common reasons for injury include:
- Bruising and inflammation
- Sprain or strain
- Fractures
- Cuts and puncture wounds
- Contusion
While causes vary, many are due to the following:
- Slip and fall accidents
- Carrying heavy, awkward materials
- Getting hit by an object
- Overuse of certain muscle groups, joints, or ligaments, a developed condition due to work-related activities
- Colliding with an object
- Tool-related injury
- Machinery-related injury
There are a variety of scenarios that allow you to file a workers’ compensation claim, including:
- Another employee has caused your injury onsite or off while performing work-related tasks
- You were injured while off-site performing work-related tasks (driving, delivering, etc.)
- You were injured onsite or off by someone who is not an employee while performing work-related tasks
- You were injured due to negligence at the work-site or place of business
- You became ill or disfigured due to conditions at the work-site or place of business
- A pre-existing matter has been exasperated due to conditions at the work-site or place of business
In extreme cases, death may be the result of a workplace injury and our team is prepared to provide counsel to the family who has lost a loved one and get them the workers’ compensation benefits they are entitled to receive.
Because there are many possibilities when it comes to getting workman’s compensation, speaking to our lawyers who know the system and understand how to get the best results is a safe and smart move. You have a lot going on; let our legal experts help.
Print Colorado’s workers’ claim for compensation form (PDF)
Print Colorado’s dependent’s notice and claim for compensation form (PDF)
Workers’ Compensation Act of Colorado
In most states, workers’ compensation is mandatory for most employers. In Colorado, an employer with at least one employee must have workers’ compensation insurance.
The Workers’ Compensation Act of Colorado was passed in 1915, it states that,
It is the intent of the general assembly that the “Workers’ Compensation Act of Colorado” be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to injured workers at a reasonable cost to employers, without the necessity of any litigation, recognizing that the workers’ compensation system in Colorado is based on a mutual renunciation of common law rights and defenses by employers and employees alike.
The intent is to create a safety net for the employer and the employee. For the employer, it ensures they don’t lose their business or livelihood to pay for the care of those employed who are injured. For the employee, it ensures the injured party receives benefits to get the care and compensation they are due.
Workers’ Compensation Laws in Colorado
There are a handful of laws that one needs to know about Colorado’s workers’ comp. One, we discussed above, all employers who have at least one employee must have this insurance. This is for the safety of all parties.
Below we discuss other crucial elements.
You have a window to file your workers’ comp claim
If an employee is injured at work, they must report it immediately. It should be submitted in writing within four days of the occurrence, and the employer must submit their claim within ten days. If the employee misses the window, they can still file the claim; however, they may incur penalties.
Our attorneys advise to always take notes, pictures, and videos when possible, and getting contact information from witnesses is smart and can help your matter should issues arise.
Here are the best steps to follow after a workplace injury:
- Seek medical treatment immediately (hopefully with someone onsite)
- File an accident report
- Keep all records of the event: any accident reports, bills, paid invoices, and images
- Journal all important dates and people you’ve spoken with and the conversations you had
Colorado abides by no-fault workers’ comp
Those injured at work who file a workers’ compensation claim need not worry about fault. Colorado’s no-fault system protects the employee from having to prove who is at fault for the injury.
No matter the circumstances, the employee has a right to file a claim and get compensation. However, if the insurance provider finds that the employee jeopardized themselves, they may reduce the amount of the benefit received.
Sole proprietors don’t need workers’ comp
If you work for a sole proprietor, you may not have access to workers’ compensation benefits. Sole proprietors are not considered employees in Colorado. If you’re concerned, you should ask about this and determine if the job is a good fit before starting, so you are fully aware of your rights, responsibilities, and risks.
If you have any questions about how to manage your workers’ comp claim, please contact our office and let us help.
Workers’ Compensation Insurance
Workers’ comp insurance is a vital component to any company that has employees. It removes the uncertainty that can occur when an employee becomes hurt or ill at work.
Loss can be high for all parties, so having this compulsory insurance is responsible and smart.
In most cases, workman’s comp will get the injured employee benefits to cover medical expenses, both immediate and continuous, disability benefits, lost wages, and death benefits. While the employee is treated for their injury, two-thirds of their weekly wage is generally distributed through temporary disability.
With this insurance, the employer will have the financial means to provide for the injured party and safety in knowing the company can’t be sued in the future by that party, reducing their liability.
Colorado’s workers’ compensation insurance can be tricky to navigate. Our legal team is here to give you advice and insight. Don’t miss an opportunity to get the benefits you’re entitled to. Contact us today to learn how we can help you.