Having represented thousands of injured workers in Colorado since 1997 there are 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. 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 give injured workers a 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 case 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.
As always, how the things 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 our Denver Workers’ Comp Attorneys or call us at (866) 356-9898 for your FREE CONSULTATION.