What is Worker’s Compensation?
Workers’ Compensation, is a state-mandated program that provides compensation to employees who suffer injuries and illnesses on the job and are subsequently unable to work and support themselves and their families. In addition to helping injured workers continue to pay their bills, these laws act as both a safety net for Colorado employers as well as their employees. In Colorado, businesses must have workers’ compensation insurance to cover employee injuries.
Workers’ compensation laws are designed to ensure that employees who are injured on the job receive fixed monetary compensation, without having to litigate their claims against their employers. Thus, filing a workers’ compensation claim is similar to filing an insurance claim; it isn’t a lawsuit against an employer, but rather a request for benefits form the Colorado state government.
What Types of Injuries are Covered in Colorado?
Here are some types of injuries covered according to Colorado workers comp laws:
1. Injuries resulting from mental and physical strain brought on by increased work duties or work-related stress
2. Injuries caused during breaks, lunch hours, and work-sponsored activities, and at-work injuries caused by company facilities
3. Pre-existing conditions that the workplace accelerates or aggravates
4. Diseases contracted by exposure to toxins at work as a result of normal working conditions
Does it Matter who is at Fault?
Workers’ compensation is a no-fault system, where an injured worker’s own negligence, or the negligence of his or her employer or co-workers, is not at issue. Instead, the employee is covered for all work related injuries, regardless of who was responsible for the injury. The employer’s workers compensation insurance simply compensates the employee for his or her workman’s comp claim.
This also means that the employee is generally not eligible to take legal action against his or her employer for injuries sustained on the job. In Colorado, these types of claims are considered to be a sort of substitute for a lawsuit against an employer. In exchange for not suing the employer in court, an employee who is injured at work is entitled to workers’ compensation benefits
Many workmens’ compensation claimants are still eligible to take legal action if their injuries were caused by someone other than their employer. For example, employees injured by a defective product or defective equipment while on the job can take legal action against the manufacturer of the product or piece of equipment.
This action takes place within the civil court system, rather than through the worker’s compensation system. However, if a claimant for worker’s compensation does win monetary compensation in a civil court from a third party, the claimant’s employer and his employer’s insurance company are eligible to recover some or all of any of the successive benefits and payments awarded to the claimant.
If you are unhappy with the decision in a hearing that was held to determine some aspect of your claim, there are a number of procedures available for you to appeal the unfavorable result. For more information about filing worker’s compensation claims and/or workers comp information in Colorado, please visit the worker’s compensation section of the Colorado Department of Labor
Should I Hire an Attorney?
Due to the rigid procedural requirements of filing a these kinds of claims in addition to the high probability that your employer’s insurance company will pursue every legal avenue possible in an attempt pay the smallest amount of benefits they owe you, it is highly recommended that you contact a Colorado attorney experienced in personal injury or workers compensation if you are injured on the job in Colorado. .
An experienced and competent attorney will guide you through this sometimes complex and confusing process and get you the compensation and treatment that you deserve. If you’ve been injured on the job in Colorado, don’t take on the insurance companies alone – contact an experienced in Colorado worker’s compensation attorney today to level the playing field.
Copyright (c) 2009 Chuck Matthews
