Frequently Asked Workers’ Compensation Questions
I talk to injured workers nearly each and every day. They often come to me with questions about workers’ compensation matters because the system is so complex and confusing. I wanted to take a few moments to address some of the most common questions that I receive so that you understand a little more about what happens in workers’ compensation cases.
Do I Need To Report My Injuries To My Employer?
Yes. Immediately after the accident occurs, you must notify your supervisor or employer of the injuries that you have suffered. This is what kicks off the workers’ compensation process. Waiting too long to do this could threaten your potential workers’ comp claim.
There are very specific notice requirements in place under the system. After you have been injured, reach out to my team to learn more about what you need to do to protect your claim.
Can I See My Own Doctor?
Under the workers’ compensation system, after an on-the-job injury, your employer must provide you with a list of doctors to treat your injury or illness. You may select one of the doctors from this list. In the majority of cases, this means you will not be able to see your own physician to get treatment.
You should know that if you visit your physician instead of one of the providers on the employer’s list, you may be forced to pay for this care out of your own pocket. This could also potentially impact your ability to recover workers’ comp benefits while you are out of work. Speak to a lawyer as soon as possible after your injury so that you can gain a better understanding of the possible options that are available to you.
What Sort Of Benefits Will I Receive?
The type, duration and the amount of benefits will depend greatly upon the extent of the injuries that you have suffered, as well as the care that you need to treat these injuries. At a minimum, if you are in the workers’ comp system, your medical bills should be paid by your employer’s insurer. They often try to deny paying certain claims, so you might run into problems when submitting valid claims. I can help make sure that your medical expenses are covered by your employer.
While out of work due to injury, Colorado law requires that you receive two-thirds of your average weekly wage. There are many different components of average weekly wage, and your employer may try to say that your benefits should be less than the amount you are entitled to receive.
There may be additional benefits available to you as well. These payments are made to workers who have suffered some type of disability due to their injuries. You should consult an attorney to determine exactly what benefits you can receive while you are out of work.
How Much Lost Income Can I Recover?
Here in Colorado, if you received injuries that resulted in being unable to work, you can receive an injury leave status for up to 90 working days, but only after missing three days of work. These three days will fall under either your sick leave or your annual leave. During the 90 days of your injury leave status, you will receive compensation for the time you are out of work.
Can I Sue The Coworker Or Superior That Was Responsible For My Injury?
The workers’ compensation you have is the only source of compensation that you have from a workplace injury. You do not have the ability to sue your employer or coworker in this kind of situation. If a third party was responsible for your injury (like a customer or a defective product), there might be a potential case. We can review your unique situation to determine what options you have.
What If My Employer Does Not Have Workers’ Compensation?
If you even suspect that your employer does not have workers’ compensation coverage, contact an attorney immediately so you can do everything possible to get the compensation you deserve.
Why Do I Need An Attorney?
The workers’ compensation system has a number of requirements that you must follow in order to be approved and eligible for benefits. An experienced attorney can help you from making an uninformed decision that could cost you dearly in the long run.
Schedule Your Free Consultation
If you have been injured on the job, please call my Denver office today at 303-225-7396 or send me an email to schedule your appointment. I can explain the process to you and answer any questions that you may have about your case.