5 Things the Insurance Company Does Not Want You To Know About Workers’ Comp

Feb 9, 2015 | WC & Other Laws

5 Things the Insurance Company Does Not Want You To Know About Workers’ Comp – Having represented thousands of injured workers in Colorado since 1997, there are a few nagging little things that happen that make me roll my eyes when work injury employees come in, and they say the adjuster told them one thing or another.

Things the Insurance Company Does Not Want You To Know About Workers’ Comp

Here are my top five things the adjuster doesn’t want you to know:

(1) You are entitled to two-thirds of your lost wages if you have to clock out to attend medical appointments. Neither the employer nor the insurance carrier can force you to schedule your appointments during off-work hours, and many times that isn’t possible given the doctor’s or therapist’s schedule. If you lose wages for attending work injury medical appointments, then you are entitled to two-thirds of the lost wages.

(2) If you get injured during the treatment – that’s covered by workers’ compensation too. Injured Colorado workers understand that accidents happen, but when another accident happens going to, coming from, or during authorized medical treatment – then that injury is also covered. If a client is further injured, or worse, dies, because of the treatment – that additional injury is part of the same claim and must be covered.

Things Colorado Injured Workers Do (Without Knowing It) To Cause Insurance Companies To Deny Their Claims

(3) You have a right to request a change of physician. In most cases, Colorado law requires an employer to give injured workers the right to pick their own physician from a list of four clinics. This form must be given to the injured worker immediately upon notice of the injury. If the form is not given – the injured worker can pick his or her own doctor. If the form is given, the injured worker can switch to another doctor on the list within the first ninety days.

(4) In some cases, if you are injured going to or from work – the accident is covered by workers’ compensation. Most of the time, car accidents on the way to or from work are not covered. However, as experienced work injury lawyers in Colorado, we know what questions to ask that might show the accident is covered by workers’ compensation. If you were on the clock, if your job required you to have a car, if you were carrying materials or tools, then your accident might be covered.

(5) You’re probably not an Independent Contractor. Many employers try to get out of carrying workers’ compensation claiming that they have no employees. More often than not, this self-serving claim fails in front of an Administrative Law Judge. In Colorado, the law is very complicated about when an employee is an employee versus an independent contractor for workers’ compensation purposes. Often, you can be an independent contractor for one law but not for workers’ compensation.

We’re here to help. – 5 Things the Insurance Company Does Not Want You To Know About Workers’ Comp

Have you or a loved one suffered a workplace injury in Colorado? At Kaplan Morrell, we’re here to support you. Our expert team is just a call or text away at 970-356-9898. You can also easily reach out to a member of our Workers’ Compensation Claim team through our chat feature right here.

Rest assured, every consultation with us is not only free but also held in the strictest confidence. Let Kaplan Morrell guide you toward the peace of mind and benefits you deserve.