North Denver

Workers’ Compensation

How it Works With Unemployment
Your Rights After Injury, & Finding the Best Lawyer

 

In Colorado, workers’ compensation is required insurance carried by all employers with one or more employees. It ensures the financial aspect of a work-related injury is covered, giving peace of mind to all parties. However, navigating the workers’ compensation process can be tricky.

With the help of a knowledgeable legal team, you have the benefit of experience and experts who know how to get the most for your illness or injury.

Understanding the process will provide you with crucial information about your options and what to expect. Our legal professionals are often asked:

• How does workers’ compensation work with unemployment benefits?
• What should I do after a work-related injury or illness, and what are my rights?
• How do I choose the best workers’ compensation lawyer near me?

Hull & Zimmerman’s legal team has the experience and insight to guide you through your unique matter.

 

Workers’ Compensation and Unemployment

Due to COVID-19, Colorado saw a rise in those who are unemployed. Although this rate is getting smaller, many are still affected. So, how does workers’ compensation impact an unemployed worker? There are a few things to know.

 

Can I get unemployment benefits while I get workers’ compensation benefits?

For those who have been receiving workers’ comp benefits and been furloughed or laid off, the big question is, can they get their workers’ compensation benefits and unemployment benefits as well?

Unfortunately, these two benefits cannot be received in unison. That said, you should still apply for unemployment, as you may be able to get it after your workers’ comp period ends. In many cases, as soon as the workers’ compensation payment is over, the party will start getting their unemployment benefits, should they meet the criteria.

Because both workman’s comp and unemployment are burdened with laws, rules, and regulations, having the Hull & Zimmerman legal team on your side will help you through the legal process and work to get you all the benefits you’re entitled to.

 

Can I get unemployment?

You may be able to receive unemployment benefits after your workers’ comp benefits end. Apply for unemployment before the last four weeks of your workman’s compensation benefits’ expiration; this way, you have time to get the filing correct, and you won’t be hit with surprises.

It’s important to note that you must file for unemployment within three years of losing your job, or you will not be eligible for these benefits.

 

My Rights & What to Do After a Work-Related Injury

Work is a necessity for many of us, and while none of us think we’ll be injured or get ill due to our job or working environment, it does happen. It’s for this reason that the state of Colorado enforces all employers to have workers’ compensation insurance.

Workers’ comp provides financial aid to injured employees. The injured party will get help for medical expenses, and up to two-thirds of their wages will be paid to them while they aren’t working throughout their recovery. The goal is for the employee to afford their cost of living as they nurture their health for a quick recovery so they can get back to their usual daily routine.

 

My rights when filing a workers’ compensation claim in Colorado

Workman’s compensation insurance protects employees who are injured or become ill on the job. In Colorado, an injured employee has the right to file a claim against their employer’s policy.

Colorado’s workers’ comp is a no-fault system, meaning no one has to prove who is at fault for the accident, as fault is not relevant to receiving the workers’ compensation benefits.

Workers’ compensation insurance must be held by all employers in Colorado who have one or more employees, and the cost cannot be deducted from a worker’s wages.

Other employee rights include:

• The right to work in a safe environment is set by OSHA (Occupational Safety and Health Administration). If safety guidelines aren’t met, the employer could be fined or be held accountable through criminal charges. Employees who witness unsafe conditions should contact OSHA.
• The right to file a workers’ comp claim without fear of employer retaliation.
• The right to seek medical attention for their ailment immediately, whether through hospitalization, a local medical facility, or the employer’s assigned practice. The employer must also provide the injured employee a list of their approved healthcare provides for any ongoing treatment necessary.
• The right to change the medical provider within the first 90 days of treatment, one time throughout the process (to another approved medical provider from the employer’s list).

If an employee misses three days (or three shifts) of work due to their work-related injury, the employer’s insurance company must let the state know.

Filing a claim against a third-party

Although filing a workers’ comp claim in Colorado states that you cannot file another suit against your employer for your injury, if a third party caused your injury, you might have the right to file a claim against that party.

Our workers’ comp lawyers have helped many employees with matters such as this, usually due to vehicle accidents, slip and falls, or premises liability.

Third-party claim scenario:

An employee must make a delivery to another business; the business has not de-iced their parking lot and sidewalks, the employee slips and falls, fracturing spinal joints. This leads to medical expenses and time away from work to heal. Hull & Zimmerman’s personal injury attorneys will thoroughly discuss your options with you. You may be able to get compensation for your premises-related accident while you receive workers’ comp benefits.

We are here to support you and get you the financial help you’re entitled to during this challenging time.

 

Steps to take after your work-related injury or illness

Your process after being injured or becoming ill on the job is standard for all accidents. Should you have the means and availability, take these steps:

• Seek medical treatment immediately (hopefully with someone onsite)
• File an accident report in writing as soon as possible, but definitely within four working days of the occurrence (if done after four days, you could lose one day’s pay for each day that you didn’t report)
• Take any pictures or videos to help your case
• Talk to any witnesses
• Keep all records of the event: any accident reports, bills, paid invoices, and images
• Keep track of all important dates
• Keep track of the people you’ve spoken with and the conversations you had with each

Illnesses, pre-existing aggravations, and built-up injuries due to consistency are harder to prove with no definitive date and time of the incident. Working with dedicated and thoughtful workman’s comp lawyers will get you the best results possible. Contact us for a free consultation.

 

You Want The Best in the Denver Area

There are thousands of workers’ comp claims filed every year in Colorado by hardworking, dedicated employees. These claims may be due to slight injury, serious injury, illness, and even death. It’s crucial to have a team of experienced workers’ comp lawyers on your side in these matters.

How a workers’ comp attorney can help you

When injured, on the job or not, a person has a lot to handle. Not only is recovery their primary concern, but financial help is also vital. When the injury occurs due to the job, the employee has benefits that should not be taken for granted. Utilizing these benefits will help with the stress the injury has caused.

Having an attorney help you through the legal process of your workers’ compensation claim relieves you of the complication. Not only can their experience be more efficient, but it can also be more effective, getting you a higher compensation than you could alone.

Our qualified lawyers will help ensure:

• You get the most amount of compensation possible
• You get the quality of medical care you need
• You aren’t pushed back to work too early
• You get the disability benefits you’re entitled to should you not be able to work for over a  year
• The family of a deceased employee receives the highest compensation for their loss
• You understand the process

We will be of most benefit to those:

• With a severe injury
• Who can no longer work
• Whose doctor determines full health will not be recovered
• Who cannot complete their usual tasks going forward
• Who have been disfigured
• Who have a disability
• Who have an aggravated pre-existing injury or illness
• Who become ill
• Who have been denied their workers’ comp claim

How we will handle your case:

• Report and file your injury and claim
• Review and organize your claim and paperwork
• Ensure you get the proper care and treatment
• Ensure you get the appropriate amount of time off
• Challenge any disputes or denials made by the insurance company
• Figure out your lost wages
• Determine your benefits through medical costs, current lost wages, loss of future work, disability, disfigurement, death, etc.
• Take the matter through hearings and to trial if necessary