There’s a common myth that unless you were rushed to the emergency room straight from the job site, it doesn’t count as a work injury. That misconception costs injured workers their rights every single day.
Under Colorado law (C.R.S. § 8-40-201), a workers’ compensation injury is defined as any physical harm, occupational disease, or aggravation of a pre-existing condition caused by your job duties. You don’t need a dramatic accident, and you don’t need to prove your employer made a mistake. If your work caused the condition or made an old injury worse, the state’s no-fault system is built to cover 100% of your necessary medical care and replace your lost wages.
Watch “Do You Have a Workers’ Comp Injury? What You Must Prove to learn more about what a Workers’ compensation injury is.
What characteristics are needed for it to be a Workers’ Compensation Injury?
- The injury requires medical care: Sometimes people get injured on the job, and they call us before going to the doctor. In those cases, they don’t have an injury that we can do something about yet, because the injury has to require medical care. You need to report the injury and get medical care.
- The injury is causing a disability: If your ability to do your regular job has been impaired and you’re no longer able to do 100% of it, that’s considered a disability.
Types of Workers’ Comp Injuries
There are 2 types of injuries in Workers’ Compensation:
- Accident, which is an injury that can be traced to a particular time, place, or cause; for example, you were lifting a box, and you felt a pop in your back and immediate pain.
- Occupational disease, which is when you were exposed to something over time, or you did something over time which eventually caused problems. A classic example is if you’ve been doing heavy lifting your whole life; over 10 or 20 years of doing that job, you will have a lot of degenerative joint disease and a lot of pain in your back. Another example is what’s called cumulative trauma disorder. For example, if you’re doing a lot of typing, a lot of repetitious work, heavy vibration work, etc., and over time you start to develop problems with the nerves in your hands and arms, like carpal tunnel, etc.
Both types of injuries are covered under Colorado Workers’ Compensation Law.
What was the date of work injury?
- For accidents, the date of injury is pretty clear because it happened on a certain day at a certain time in a certain place.
- For occupational diseases, it is more complicated, but the general rule is that it will be the date that you first sought medical care for that problem.
Hurt on the Job? What to Do Next to Protect Your Rights
If you’ve been injured at work, taking action quickly is the best way to safeguard your health and your financial stability. Under Colorado law, simple mistakes like missing the strict 10-day reporting deadline or seeing an unapproved doctor can cause frustrating delays or even jeopardize your benefits. You don’t have to figure out the complex workers’ comp system by yourself while trying to heal.
Contact our experienced Colorado workers’ compensation attorneys today for a free, confidential consultation. We’ll review your case, explain your rights, and ensure you get every dollar and medical benefit you deserve.
Call 970-356-9898 or connect using our online chat portal.
Stay Connected
Facebook: https://www.facebook.com/
Instagram: https://www.instagram.com/kaplanmorrelllaw/
Twitter: https://x.com/kaplan_morrell/
En Kaplan Morrell ofrecemos consultas gratuitas y hablamos español. https://kaplanmorrell.com/es/
