Most people know that they are entitled to workers’ compensation benefits if they are injured on the job. Few, however, understand the level or extent of these benefits.
In this article, I will discuss the types of benefits available in a Colorado Workers’ Compensation case. Oftentimes, these cases require a consultation with a qualified attorney to determine exactly what type of benefits you should receive for your injuries.
A. NO FAULT:
A worker injured on the job is entitled to workers’ compensation benefits regardless of who or what caused or contributed to the injury. The only issue is whether you sustained the injury while acting in the course and scope of your employment. Even if it was entirely your fault that you are injured, it simply does not matter in our system.
B. UNLIMITED MEDICAL CARE:
Medical care provided under Workers’ compensation has no yearly or lifetime caps. There are also no co-payments or deductibles associated with receiving medical care.
C. BENEFITS WILL LAST FOR YEARS:
Even after your care ends, which is called reaching maximum medical improvement, a worker can reopen his claim for worsening of a condition anytime within 6 years of the occurrence of the injury or 2 years from the last visit with his workers compensation assigned doctor, whichever is longer.
D. INCLUDES WAGE BENEFITS:
Workers’ compensation benefits include two distinct wage loss benefits: temporary and permanent wage loss. A claimant is entitled to temporary wage compensation, called Temporary Total (or Partial) Disability, which amounts to two-thirds of a worker’s average weekly wage. However, wage earners making more than $1,313.13 per week are capped on the temporary wage benefits they receive.
Permanent wage compensation is awarded for residual impairment existing once a worker reaches maximum medical improvement. This permanent partial (or total) disability can be worth anywhere from a few thousand dollars to a hundred thousand dollars, or perhaps more.
At Anderson, Hemmat & McQuinn, most clients are shocked at how valuable their workers’ compensation cases might be when they first meet with us to discuss their rights. If you are injured at work, you should meet with a qualified attorney to make sure that you are not losing or missing out on any benefits you are entitled to in a Colorado Worker’s Compensation case.
Useful Colorado Workers' Compensation Articles from Our Denver Personal Injury Blog:
After five months of being seen for your workers' compensation injury, despite little improvement in your condition, the doctor hands you a sheet of paper telling you that you are now discharged from his care and are at MMI (Maximum Medical Improvement). You are confused, right? So, what does that mean? What's next? And what do you need to watch out for? Continue Reading...
Often, an employee who has been injured on the job will later find out that his employer is alleging that the injuries were due to the employee violating a safety rule. This type of defense is commonly known as a "Safety Rule Violation". Continue Reading...
A Familiar Story
A salesman for a manufacturing company has an early morning customer meeting and needs to swing by his office to pick up updated order forms. His regular days in the office are Tuesday and Thursday. His sales call days are Monday, Wednesday and Friday. On this day, it happened to be a Friday. The factory opens at 7 am for machinist and 9 am for office workers. Continue Reading...