Workers’ compensation insurance is a type of insurance that compensates workers for medical costs and lost income after they are injured at work. In Colorado, it is purchased by employers with at least one employee and applies to all employees, regardless of how many hours they work. The following information will help you understand your rights and when you might want to hire a Colorado Springs workers’ comp lawyer.
Who Is Protected by Workers’ Compensation Laws in Colorado Springs, CO?
Nearly all workers injured at work are covered by workers’ compensation laws in Colorado. Colorado laws only permit limited exclusions. These exclusions are:
- Maintenance or repair workers earning less than $2,000 per year
- Part-time domestic workers
- Real estate agents and brokers who work on commission
- Contract carrier drivers
- Independent contractors who have no other employees
That last one can be a point of contention for some workers’ compensation claims. People who are defined as independent contractors by tax laws may not be defined that way by Colorado workers’ compensation laws.
Workers’ Rights Under Colorado Springs, CO, Workers’ Comp Laws
Under Colorado workers’ compensation laws, workers have the right to be reimbursed for all expenses related to an injury at work. Benefits are quite extensive, including medical bills, lost wages for workers who miss at least three shifts, disability benefits and even mileage reimbursement related to the injury.
The one right that is significantly restricted is the right to choose a doctor. Employers provide injured workers with a list of doctors that must include at least four names. The worker can only choose a doctor from this list. While they may change doctors, any changes must be made to doctors also on this list unless circumstances dictate otherwise.
Filing Process for Workers’ Compensation in Colorado Springs, CO
The workers’ compensation process is reasonably complicated. There is a lot of paperwork involved and often a lack of transparency for those unfamiliar with the system. Workers have the right to employ a Colorado Springs workers’ compensation lawyer when navigating the following steps.
- Get emergency care. If a worker requires emergency care for an injury, they should immediately go to the closest hospital emergency room to receive that care. Workers’ compensation benefits will cover this care even if an authorized doctor doesn’t administer it.
- Report the injury. Within 10 days of an injury, the worker should report it to their employer in writing.
- Receive a designated provider list. The worker’s employer is required to provide the worker with a list of at least four doctors’ names within seven days of being informed of the injury. The employer must choose a primary physician from this list or may choose any doctor if they don’t receive a list.
- File a claim. The worker must file WC 15 (Worker’s Claim for Compensation) within two years of suffering the injury to receive benefits. Workers should file this claim even if the employer doesn’t have insurance because they may qualify for benefits through the Colorado Uninsured Employer Fund.
- Accept or contest decisions regarding treatment and benefits. The doctor chosen and the insurance company will approve or deny benefits and treatment. Workers can accept those decisions or contest them, preferably with the help of a Colorado Springs workers’ compensation lawyer.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Colorado Springs, CO
There are a few scenarios where workers may be able to receive compensation from sources other than workers’ compensation insurance.
The first occurs when an employer violates state law and doesn’t have workers’ compensation insurance. If that happens, the worker needs to get a court order showing that they should have been eligible for workers’ compensation and the employer didn’t have insurance. That allows them to apply for compensation from the Colorado Uninsured Employer Fund.
The second situation occurs when a worker is denied coverage by the insurance company or the doctor they selected. In that situation, the worker may contest the decision. Typically, that involves an administrative hearing, though it may eventually end up in a courtroom. Workers should consult a Colorado Springs workers’ compensation lawyer before starting any appeal.
Finally, if a worker doesn’t qualify for workers’ compensation insurance, they may have the option to file a personal injury lawsuit if their employer’s negligence resulted in their injuries. Unlike with a workers’ compensation claim, fault matters in this type of claim.