What Are My Rights If I Was Injured at Work in Colorado?

After a work-related injury, Colorado’s workers’ compensation laws provide important protections, including the right to file a claim, receive medical treatment, obtain disability benefits, and appeal denied claims. You may also have the right to pursue a personal injury claim if a third party’s negligence or employer misconduct caused your injury.

At Boesen Law, we have decades of experience helping injured workers in Colorado understand their rights and secure full and fair compensation. In this article, we’ll explore your rights after a workplace injury and the situations where you can pursue additional legal action.

Injured on the Job? Here’s What You’re Entitled To

In Colorado, workers’ compensation typically covers neck injuries, concussions, fractures, burns, and other physical injuries that occur on the job. 

Under the Colorado Workers’ Compensation Act, you have the right to:

• File a workers’ compensation claim: Reporting your injury promptly is essential to ensure eligibility for benefits.
• Receive medical treatment: You’re entitled to medical care from an employer-approved provider and necessary emergency care.
• Return to work when medically cleared: If you can resume your job duties, your employer must allow you to return.
• Receive disability benefits if unable to work: If your injury prevents you from working, you may qualify for temporary or permanent disability benefits.
• Appeal a denied workers’ comp claim: If your claim is unfairly denied, you have the right to challenge the decision.

If you encounter problems with your claim, a free consultation with an experienced attorney from Boesen Law can help you gain clarity and answer all your questions.

Will I Still Get Paid After a Workplace Injury?

After a workplace injury, you may be eligible for various benefits that provide financial relief while you recover. These benefits can include:

Temporary Disability Benefits

Temporary disability benefits fall into two categories:

• Temporary Total Disability (TTD): Paid when you cannot work at all during your recovery. The amount is typically two-thirds of your average weekly wage, up to a maximum set by Colorado law.
• Temporary Partial Disability (TPD): Paid when you can work but not at your full capacity. Compensation covers the difference between your pre-injury wages and your reduced earning capacity.

Permanent Disability Benefits

If your injury causes lasting impairment, you may qualify for permanent disability benefits. There are two types:

• Permanent Partial Disability (PPD): Compensates you for a permanent impairment that doesn’t prevent you from working entirely. According to C.R.S. § 8-42-107, the amount is based on the severity of your injury and the body part affected.
• Permanent Total Disability (PTD): Provides benefits when your injury leaves you unable to work in any capacity. Disability status is determined through medical evaluations assessing your level of impairment.

Lost Wages & Additional Compensation

Workers may also be eligible for:

• Lost wage replacement: Compensation for income lost due to your injury.
• Vocational rehabilitation: Training programs to help you transition to a new career if you cannot return to your previous job.
• Compensation for severe or catastrophic injuries: Financial support for permanent disabilities that require long-term medical care.

Do All Employers Have to Provide Workers’ Comp in Colorado?

Under C.R.S. § 8-44-101, most employers in Colorado must carry workers’ compensation insurance, even for part-time employees. However, certain groups are exempt, including independent contractors, casual maintenance workers, and some agricultural laborers.

When employers don’t provide the required coverage, filing a personal injury claim may only be possible under specific circumstances, such as when the employer was legally required to carry workers’ compensation insurance or when a third party’s negligence contributed to your injury. A free consultation with Boesen Law will help clarify your options.

When Can I Sue My Employer or a Third Party?

While workers’ compensation prevents most lawsuits against employers, certain situations allow injured workers to pursue legal action beyond the workers’ compensation system, such as:

• Employer gross negligence or intentional harm: If your employer acted with deliberate intent to harm you or willfully violated safety standards, you may have a valid personal injury claim outside of workers’ compensation.
• Injuries caused by a third party: If a third party, such as a contractor, subcontractor, equipment manufacturer, or another driver, caused your injury, you may pursue a personal injury claim against that individual or entity.

Unlike workers’ compensation claims, personal injury claims allow you to seek additional compensation for pain and suffering, emotional distress, and other non-economic damages. A lawyer at Boesen Law can help determine if your case qualifies for a personal injury lawsuit and guide you through the legal process.

Steps to Take If You’re Injured at Work

There are many types of work injuries where you can claim workers’ compensation, including falls, repetitive stress injuries, and chemical exposure. If you’ve been injured at work, take these steps:

Step 1: Report the Injury Immediately

Notify your employer about your injury as soon as possible. In Colorado, you must provide written notice within ten days of the accident. Failure to report the injury promptly could jeopardize your eligibility for benefits.

Step 2: Seek Medical Treatment

You have the right to receive medical care through an employer-approved provider. If your injury requires emergency care, you can receive treatment at any facility. However, follow-up care must be conducted by a designated provider chosen by your employer or their insurance company.

Step 3: File a Workers’ Compensation Claim

To initiate your claim, file the required forms with Colorado’s Division of Workers’ Compensation. Ensure you provide detailed information about the incident and your injuries, and keep copies of all documents. After submission, the insurance company has 20 days to accept or deny your claim. 

Step 4: Consult a Workers’ Compensation Attorney

If your claim is denied or delayed, or if you’re struggling to receive your benefits, consult an experienced workers’ compensation lawyer. At Boesen Law, we can help you by gathering evidence, preparing a strong case, and negotiating with insurance companies to secure fair compensation.

Were You Hurt at Work? Contact a Colorado Workers’ Compensation Lawyer

If your employer denies your claim, delays payment, or offers inadequate benefits, having the right workers’ compensation lawyer can make all the difference. 

At Boesen Law, we have decades of experience guiding injured workers through the claims process in Colorado. A workers’ compensation lawyer will help you explore other legal options when compensation isn’t enough or doesn’t apply.

Get straightforward answers and practical advice from our experienced attorneys. Contact Boesen Law today for a free consultation to discuss your case!