Colorado workers’ compensation law is complex. With the help of their attorneys, injured workers must navigate ever-changing rules and overcome legal hurdles to successfully obtain the compensation they deserve. If you are considering filing a workers’ compensation claim in Colorado, here are a few laws you should know.
Colorado law requires that all employers operating in the state carry workers’ compensation insurance. Workers’ comp is required no matter the size of the business, the number of employees, or whether the employees are part-time or full-time. Even family businesses must carry workers’ compensation insurance.
If your employer has told you that they do not have workers’ compensation coverage, they are in violation of Colorado law and could face fines. They could also end up paying your workers’ compensation benefits directly. If you learn that your employer is not insured, contact a workers’ compensation attorney for advice.
According to 18-43-102 of the Workers’ Compensation Act of Colorado, an employee who is injured in a work accident has four working days to notify their employer about the injury. They must notify the employer in writing. Just telling the employer about the injury is not enough. Failing to comply with this law risks imposition of a penalty. But failing to file a written notice within four days does not extinguish your right to collect workers’ compensation benefits. In fact, Colorado’s statute of limitations for most work-related injuries is two years. If you have any questions about these issues, contact an attorney for advice.
The law says that, if an employee’s physical or mental injuries are too severe and they are unable to provide written notification within four days, someone else can do it for them. That person can be the employee’s manager, foreman, supervisor, or anyone else who has knowledge of the injury.
If your injury is an emergency, get the immediate care you need right away without worrying about which doctor to see. If your injury is not an emergency, you should choose a healthcare provider from a list that your employer provided by your employer.
If your employer fails to provide their injured worker with a list of designated providers in a timely manner, the right to select medical providers could revert to the injured worker.
Under 8-42-101 of the Workers’ Compensation Act of Colorado, workers’ compensation may also cover reimbursement for your mileage to get the healthcare you need after a work injury.
You can request reimbursement for the mileage and parking necessary to get care or to pick up your medication. However, you must request this reimbursement in a timely manner. Best practice is to submit mileage reimbursement forms on a monthly basis.
You might be eligible for more than one type of workers’ compensation benefit. For example, you might be entitled to compensation for lost wages or a permanent disability. Talk to your lawyer about the amount and type of benefits applicable to your claim.
If you or someone you know has been injured at work, do not hesitate to contact the lawyers at Keating Wagner Polidori Free. We offer no-cost consultations and can answer your questions about the best way to proceed. Give us a call at 303-534-0401 today.
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