Denver Workers’ Compensation Lawyer

What is workers’ compensation?

Workers’ compensation is insurance that pays for a work injury or illness whoever was at fault. Most employers carry it. If you are hurt on the job in Denver or anywhere on the Front Range, it can pay for your medical treatment and part of your lost wages while you recover.

Getting those benefits is not always simple. The insurer or your employer may dispute that the injury happened at work, delay payments or deny the claim. That is where we come in. This is not a negligence claim, so the question is usually whether the injury came from your job, not who was careless.

What should you do right after getting hurt at work?

Get medical care, then tell your employer in writing. The steps you take early can make or break a claim:

1. Get medical treatment. Go to the ER if you need it, and follow every treatment plan. Prompt care also creates a record that links your injury to work.
2. Report the injury. Tell your employer about a work injury in writing within 4 working days. Waiting can cost you benefits. (C.R.S. § 8-43-102(1)(a)) Keep a copy of what you send.
3. Record the accident. If you can, photograph the scene, your injury and any equipment or hazards. Keep copies of incident reports and write down what happened while it’s fresh.
4. Get witness names and numbers. Coworkers who saw it can back you up.
5. Follow your doctor’s orders and any work limits. Skipping care gives the insurer a reason to question your claim.
6. Keep your records. Save medical bills, prescription receipts, mileage to appointments and proof of missed pay.
7. Stay off social media about your injury. Insurers can read it and twist it.

How long do you have to file a workers’ comp claim in Colorado?

Generally, you must file within 2 years (3 with a reasonable excuse) (C.R.S. § 8-43-103(2)). A workers’ compensation claim generally must be filed with the Division of Workers’ Compensation within 2 years of the injury, or 3 years if there is a reasonable excuse for the delay. That is separate from the written report to your employer, which comes first and has a much shorter clock.

Missing either deadline can put your benefits at risk. If you are not sure where you stand, call us before more time goes by.

What benefits does workers’ compensation cover?

It can cover medical care, wage replacement, disability payments, job retraining and death benefits. In more detail:

• Medical benefits: emergency care, ongoing treatment and referrals to other doctors for the injury.
• Wage replacement: pay while you can’t work or can only work limited duties. These are known as temporary total, temporary partial, permanent partial and permanent total disability benefits, depending on how long and how much your injury limits you.
• Vocational rehabilitation: job retraining, career counseling and job placement help if you can’t go back to your old work.
• Death benefits: funeral costs and ongoing support for a worker’s dependents if a work injury is fatal.

The exact amounts and rules depend on your injury, your pay and your medical findings. We explain how they apply to you.

How much will you be paid while you can’t work?

Wage benefits are generally a share of your average pay, not all of it. The amount depends on your pay before the injury, how serious the injury is, and whether you are unable to work for a time or for good. Temporary benefits can pay while you recover. Permanent disability benefits can apply if the injury leaves lasting limits.

These benefits are not the same as a personal injury award, and they don’t include pain and suffering. We can look at your records, tell you what to expect and check that the insurer’s numbers are right.

Who chooses your doctor?

In most cases, your employer or the insurer gives you a list of approved providers, and you pick from it. Seeing a doctor who isn’t on the list, without permission, can cause problems with who pays. That is why it helps to ask before you go anywhere other than the ER for an emergency.

If you aren’t happy with your care, or the doctor says you can go back to work before you are ready, tell us. There are steps you can take to ask for a second opinion or another provider.

What kinds of work injuries are covered?

Workers’ comp covers a wide range of injuries and illnesses across many industries. Examples include:

• Construction: falls, equipment failures and exposure to hazardous materials.
• Manufacturing: machinery accidents, repetitive stress injuries and chemical exposure.
• Retail: slips and falls, heavy lifting injuries and workplace violence.
• Healthcare: needlesticks, exposure to infectious disease and muscle and joint injuries.
• Occupational illness: conditions from long-term exposure to harmful substances, such as asbestosis or lung cancer.

Injuries can be sudden, like a fracture or a cut. They can also build up over time, such as carpal tunnel syndrome or tendonitis from repetitive motion. Some workers also develop stress or anxiety disorders after a traumatic event at work or long exposure to stressful conditions.

Whether it happened at a job site in RiNo, a warehouse, a healthcare facility or an office near the Denver Tech Center, we can look at it.

Who is eligible for workers’ compensation?

Most employees in Colorado are covered, whoever caused the accident. To qualify, you generally need to be an employee who was hurt, or became ill, because of your job and while doing it.

• Full-time and part-time employees: working fewer hours doesn’t rule you out.
• Seasonal and temporary workers: workers in hospitality, tourism, landscaping and retail are often covered while doing their job.
• Construction workers: often covered no matter who caused the accident.
• Workers with occupational illness: conditions that develop over time from exposure at work may qualify.

Some independent contractors and other workers may not be covered. If you’re unsure which group you fall into, ask us.

How does a workers’ comp claim work, step by step?

You report the injury, the insurer decides whether to accept the claim, and treatment and benefits follow. In general terms:

1. Report and get care. You tell your employer in writing and see an approved provider.
2. Claim filed. A claim is opened with the employer’s workers’ compensation insurer. The insurer may admit the claim, deny it or ask for more information.
3. Treatment and benefits. If the claim is accepted, the insurer pays for related treatment and starts any wage benefits you qualify for.
4. Work limits and return to work. Your doctor may release you to light or modified duty or give you work limits. Tell your doctor and employer about what you can and can’t do.
5. Recovery or permanent limits. When your doctor says you have recovered as much as you are likely to, the insurer looks at whether there is any lasting impairment.
6. Closing the claim. Many claims end by agreement. When there is a dispute over benefits or a denial, it can go to a hearing.

Each step has its own rules and paperwork, and the insurer is looking at its own costs. We can help you at each one.

What does the Workers’ Compensation Act say?

The Colorado Workers’ Compensation Act sets out how the system works. Three things matter most to injured workers:

• Coverage: most employers must carry workers’ compensation insurance. Part-time workers and others who are paid for their work can be covered too.
• No-fault: you don’t have to prove your employer was careless to receive benefits.
• Exclusive remedy: in most cases, workers’ comp is the only claim you can bring against your employer. There are some exceptions, and other people who caused the injury may be a different matter, as described above.

If you think your employer doesn’t carry workers’ comp insurance, or won’t take your report, tell us right away. We can find out whether coverage exists and what your options are.

What if you were hurt while driving or traveling for work?

An injury doesn’t have to happen at the work site to count. Workers who drive, make deliveries, visit clients or travel for work can be hurt away from the office or shop. If a crash on a work errand hurt you, you may have a workers’ comp claim for the injury. If another driver was at fault, you may also have a separate injury claim against that driver. We look at both.

Can your employer punish you for filing a claim?

It shouldn’t, but it can happen. Some workers fear being fired, having their hours cut or being treated differently after they report an injury. If that happens, write down what was said and when, keep any messages, and tell us. What the law allows depends on the facts, and a job decision made for other reasons can be hard to tell apart from one made because of a claim. We can help you sort out which it is.

Can you also sue someone other than your employer?

Sometimes. Workers’ comp is usually your only remedy against your employer, but not against everyone. Workers’ comp is no-fault, and it is usually the only remedy against your employer. But if someone else caused the injury, such as another driver or an equipment maker, you may also have a personal injury claim against them. (C.R.S. § 8-41-102)

For example, a delivery truck driver who hits you while you’re on a work errand, or a company whose faulty machine hurts you, may be separate targets for a personal injury claim. That kind of claim follows different rules than workers’ comp, including proving fault. See our pages on car accidents and truck accidents.

What if your workers’ comp claim is denied?

A denial isn’t always the end. Claims are denied over paperwork problems, disputes about what caused the injury or disagreements about how serious your condition is. Here is what to do:

• Read the denial notice closely so you know the stated reason.
• Ask for your claim file, including medical reports, accident reports and insurer letters. They may show errors or missing information.
• Gather more evidence: medical records, test results, witness statements, photos and employment records.
• Keep treating. Steady care creates records of your injury and recovery.
• Write down every contact with your employer, the adjuster and your doctors.
• Watch the appeal deadlines. Colorado workers’ comp claims have strict deadlines, and missing one can limit your options.

An insurer can be wrong, or work from incomplete information. We can review the reason for the denial, gather the right evidence and represent you at hearings.

How do we help with a workers’ comp claim?

We handle the insurer, gather evidence and protect your rights while you focus on getting better. That can mean helping you file the claim, pushing on delayed benefits, and fighting a denial. You can read more in our post on navigating a workers’ comp claim in Colorado. How we are paid is explained on our fees page. Talk to us for a free case review.