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.

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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.

Key Differences Between Workers’ Compensation Benefits and Personal Injury Awards

Key Differences Between Workers’ Compensation Benefits and Personal Injury Awards

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People are often confused about workers’ compensation benefits in Colorado. Many believe that recipients are paid in a manner similar to personal injury lawsuits. Others may understand that there is a statutory standard, but are unaware of the parameters. Let’s try to clear up some of this confusion with an overview on what workers’ compensation pays employees who have been injured in work-related accidents or have fallen ill due to their job duties.

Many of you are aware that personal injury awards can range into the hundreds of thousands of dollars based on the type of injury sustained and the fault of the negligent party. These awards and settlements are often boosted by the careless or negligent behavior of the company that led to the injury. In many cases, the amount of money received is increased due to punitive damages. Workers’ compensation benefits operate quite differently.

Negligence or fault is not a factor in workers’ compensation cases. Instead, these benefits are set up as insurance for instances when your work duties lead to injury or illness. The benefits are meant to replace the work income that you would have normally earned had your injury not prohibited you from working and gaining employment income. Rather than assigning blame and seeking to compensate you for what you have lost and suffered, workers comp pays you a percentage of the wages you have lost due to your injury. This can range from a temporary timeframe to a permanent arrangement based on the unique circumstances of your injury and outcome.

You Won’t Believe These Unusual Workers’ Compensation Cases

In some cases, you may be eligible to receive education or vocational benefits to help you learn a new skill or trade when you are no longer able to perform the job you were doing prior to your injury. And if your injuries are so severe that you can neither return to your previous work nor perform the duties of some other job, then you may be eligible for long term disability payments. These benefits seek to compensate you for the income you will lose out on for the duration of your remaining working days. Experts apply extensive and complicated formulas to determine what this lifelong work income would be. Benefits are then paid out as either a lump sum or periodic payments over time.

These benefits also cover medical bills related to your injury, to include treatment, surgeries, therapy, rehabilitation and some associated costs, such as mileage to and from your medical appointments.

Workers’ Compensation Fee Schedule and Benefit Payments

The Colorado Workers’ Compensation fee schedule is reviewed annually. For the July 1, 2016 through June 30, 2017 time period, the maximum amount you can receive for lost wages is $939.82 per week. This may apply to workers who’s weekly earnings were at least $1,409.73. If you are determined to be disabled and your impairment is 25 percent or less, the maximum lump sum you may receive is $86,697.04. If your impairment is rated at higher than 25 percent, the maximum amount is $173,391.90. This applies to workers who were injured after January 1, 2014. These are the maximums. To determine the specific amount you are eligible to receive, your employer’s workers’ comp carrier determines your average weekly wage and multiples it by 66 and 2/3 percent. There is no minimum weekly benefit.

These formulas are often complicated and confusing. You may also be eligible for scheduled or non-scheduled impairment and/or body disfigurement. Our experienced Denver workers’ compensation lawyers can help you understand these benefits and work to ensure you receive the maximum amount that you are entitled to under law.