Who is covered by workers compensation?

Every non-federal employee in Colorado is covered by the Colorado workers compensation law for injuries or illnesses which occur as a result of your employment. You are covered from the first minute you are on the job, whether you are full-time or part-time.

What if I get injured outside Colorado?

If you were working for a Colorado employer, or if you were hired in Colorado, in most cases, you are still covered by Colorado workers compensation. Your employer may try to put you under the compensation of some other state, because it may pay less benefits. Even if that happens, you may still receive Colorado benefits.

What if I am an independent contractor?

Because many independent contractors are not eligible for workers compensation from an employer, some employers try to call their employees independent contractors. The law knows about this scheme, and so no matter what your employer says, and no matter what you may have signed, the law may still consider you an employee and eligible for workers compensation. The question of who is an independent contractor is often a complicated one, and you should not take the word of your employer or its insurance company as to what your actual status is.

What if my employer does not have workers compensation insurance?

The law requires employers to carry workers compensation insurance. If an employer does not, then many of the benefits an injured worker is eligible for are increased by 50%. The employer will have to pay these benefits even if it has no insurance. A non-insured employer may also be sued in court for injuries which are its fault, and an employee could receive much more than what workers compensation provides. In order to do this, however, the employee must be very careful not to accept workers compensation benefits once he learns that the employer is not insured.

What does workers compensation pay while I am off work?

You should receive 2/3 of your gross wages (before taxes) while you are temporarily disabled from work. Your wage calculation should include all overtime, bonuses, tips, medical insurance premiums, room and board, etc. Many times, employers and insurance companies understate your wages, so be careful to double check this figure. It is not only important in determining what you receive while you are off work, but also what you may receive for permanent impairment once you recover.

What about my second job?

If you have a second job which you are unable to perform as a result of an injury wich occurred on the first job, the wages you are losing from the second employment must be added into your workers compensation wage calculation.

Who pays my medical bills?

Workers compensation insurance should pay your medical bills, but only if they are from an authorized treating physician or medical facility. You are also entitled to mileage reimbursement for your trips to the doctor, hospital, physical therapy, etc.

What is an authorized treating physician?

This is a physician(s) who has been chosen by your employer or insurance company to treat your injury. Unfortunately, many insurance companies have deals with doctors, under which they send the doctors lots of business. In return, the doctors have to agree to abide by certain rules laid down by the insurance companies. Since the authorized treating physician decides how long you should be off work, and has a lot of say into how much money you will receive from the insurance company at the end of your case, there is sometimes a real question as to whether your doctor is looking after your best interests or the interests of the employer or insurance company that sends him the business.

What if my employer does not direct me to a particular physician?

There is new Law in Colorado which may allow injured workers to select their Doctors.  You need to get an attorney to change your doctor.  Call us at (970) 945-2396. Many employers have signs posted in the workplace which tell you who the authorized doctor is. If not, then the employer must direct you to a particular physician within a reasonable time after learning of your injury. If the employer does not, then you may choose your own physician.

Can I change my treating doctor?

It is very often best for an injured worker to find a physician who truly cares about him or her, rather than have to wonder where the company doctor's allegiances lie. It is possible to change physicians, but it is somewhat complicated and cannot adequately be explained here.

Can my employer or the insurance company change my doctor?

No. Once you have been given the name of a physician, or chosen one yourself (see the two questions immediately above), neither the insurance company not the employer can just assign you to a different doctor. They can only do so with the permission of a judge. Sometimes, a treating doctor will exercise independent medical judgment in your case, and will not do what the insurance company wants. Then you may receive a letter from the insurance company that says it is transferring your care to another doctor, and will not pay your original doctor any longer. This is against the law, but insurance companies try it because they figure you don't know any better.

When do I have to report my injury?

By law you are supposed to notify your employer in writing within four working days of an injury, even if you have already told the employer verbally. There is a penalty for not doing so, but it is rarely imposed because the written notice provision is regarded by many as ridiculous in most circumstances.

Some employers will try to tell you that since you did not report your injury on time, it is "too late." This is false.

What is permanent impairment?

This is money you receive when you are released from medical treatment, which is paid to you because a part of your body has become disabled. There are two possible formulas that can be used. One is called a scheduled impairment. The other is called a whole person impairment. Both formulas use a rating given by your treating physician, which is a percentage of loss of a body part. For example, a doctor may say that, because of weakness, etc., you have lost 10% of your leg function. The higher the percentage, the more money the insurance company is supposed to pay you.

Obviously, a doctor who gets lots of business from a particular employer or insurance company may be hesitant to give you the percentage rating you deserve, because he or she does not want to make the insurance company mad. Unfortunately, a great many workers compensation doctors have close relationships with insurance companies.

If you do not agree with the rating the doctor gives you, there are ways to challenge it. But most challenges must be done within 30 days, or you are stuck with the doctor's rating.

The most you can receive for permanent impairment is $120,000. Because of the way the law works, however, no one has ever received that amount, and probably never will.

What if I am not able to return to my old job?

Once the doctor has released you from treatment, workers compensation does not pay you any more, or any less, because you are or are not able to return to you employment. Your ability to hold down a job does not, unfortunately, matter in the workers compensation system.

Although workers compensation will do nothing for you, if your employer will not give you a job, you may have a claim under the American with Disabilities Act (ADA) or other federal or state laws.

Will I receive retraining for a new job?

No. The legislature abolished this benefit in 1987.

What if I can't perform any kind of work?

If you cannot perform any employment, you may be eligible for permanent total disability benefits. You would be paid benefits for the rest of your life, and there is no limit on the total amount you would receive.

What is an Admission of Liability?

When you are first injured, the insurance company will usually send you a General Admission of Liability. This just says that it has accepted responsibility for your claim and will be paying it. You should carefully review what amount has been put in the "Average Weekly Wage" blank in the Admission, to be sure it is correct.

Of greater concern in the Final Admission of Liability. This comes at the end of your case, and you must read it carefully. It will state how much money, if any, the insurance company is going to pay you for permanent impairment. If you do not take action in 30 days, you will lose the right to contest the amount.

Insurance companies are obviously in the business of trying to pay out as little as possible in claims, whether they be auto damage or workers compensation. Therefore, before just accepting what is on the Final Admission of Liability, you should find out whether it is fair. You must act quickly, however, because you only have 30 days.

Do I Need a Lawyer?

Unless you know as much about workers compensation as the insurance company does, you would be wise to at least have a consultation with a workers compensation attorney to learn what you can expect during your case. At Eley & Eley, such consultations are free. If you have no problems with the insurance company, and you agree to accept what it pays, then you do not need an attorney on your case.