Four Things That You Think Might Affect Your Workers’ Compensation Claim- But Don’t!

Four Things That You Think Might Affect Your Workers’ Compensation Claim- But Don’t!

Denver Workers Compensation

If you’ve been injured on the job, and are considering filing for workers’ compensation benefits in Colorado, you may be wondering how to file your claim, and what factors may affect your workers’ compensation case. Many injured workers believe that certain circumstances may affect whether or not their workers’ comp claim will be approved. Here are 4 things that many injured workers believe will affect their claim- but typically will not:

1- Your employer is at fault for the injury.  Workers’ Compensation is a hundred year law that reflects a compromise between injured workers and workers.  Employers must now pay for all injuries that happen on the job – even ones where the employee is negligent, or someone else is negligent, or there is no negligence at all.  In exchange, employers cannot be sued by their employees for work injuries.

2- You can’t go back to the work you used to be able to do.  Unfortunately we see this all too often.  The law in Colorado is incredibly indifferent to employees who cannot go back to doing the kinds of work, or earning the income, they used to do before the injury. There are only two “disability” benefits under Workers Compensation after the Doctor says you are at Maximum Medical Improvement.  The first is called Permanent Partial Disability and the amount is primarily based on loss of range of motion.  It does not go up or down depending upon whether you are still working.

The second is called Permanent Total Disability and it covers wage loss after the injured worker reaches Maximum Medical Improvement.  But it is incredibly difficult to get because the injured workers must be able to prove to a Judge that they are so disabled that that they cannot earn ANY Wages at ANY job in ANY location.  If you can do a temporary, part-time, seasonal job at minimum wage – then you cannot get any compensation for wage loss after MMI under workers compensation.

(You may be eligible for other benefits under other laws, for example unemployment benefits, or social security disability benefits.)

3- You worked many years for the employer.  While it may make you more sympathetic to treating or evaluating doctors, the law does not provide injured workers with more or less benefits simply because they have worked ten years, ten months or even ten hours with the employer before your injury.

4- Your employer closes.  Your employer paid premiums to an insurance company to cover all your benefits for your injury. It does not matter what happens with your employer.

 

Workers’ Compensation in Colorado can be complicated. Let our experienced Denver area workers’ compensation attorneys help you navigate your claim and help get it approved. Call Us Toll Free! (866) 356-9898 or click here for a free consultation!

Two most common overlooked benefits injured workers in Colorado should get – but don’t.

Two most common overlooked benefits injured workers in Colorado should get – but don’t.

Denver Workers Compensation Greeley Workers Compensation Lawyer Workers Compensation Blog

There are some Denver workers’ compensation benefits that are well known such as medical care and payment of lost wages.  However, there are also some benefits that are not as well known and should not be overlooked.

Some injured workers who are owed disfigurement benefits.  Disfigurement benefits are paid for things like scars from surgery or suffering from a limp.  The workers’ compensation insurance company is not required to automatically pay such a benefit.

Another benefit is mileage reimbursement.  The workers’ compensation insurance company needs to reimburse you for all of your trips to doctors, physical therapy visits and even to pick up your medications at the pharmacy.  Even if someone else provides transportation for you, you can still get reimbursed for that mileage.  If you are unable to get to your medical appointments, the insurance company has to provide you some form of transportation to get you there.  We would welcome the opportunity to explore these little known benefits with you.

As always, how this or any other issue we discuss in this blog would apply to your case depends on many more factors.  We urge you to call us to see if you are entitled to workers’ compensation benefits.  Workers Compensation is difficult, confusing, and very complex.  Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve.   Contact us here or call us at (866) 356-9898 for your FREE CONSULTATION.