Five Steps to Take if You’ve Been Hurt on The Job in Denver
Feb. 27, 2019
Whether you’re a parts manufacturer in Denver, a runway technician from Aurora, or an electrician from Denver, getting injured on the job is never an easy situation to endure alone. After all, your work isn’t just a means of an income —it’s a place where you strive to be your most productive self and be an asset to both your company and your fellow employees. Unfortunately, in workers’ compensation cases, long-held assumptions about loyalty and trust between employer and employee can be strained. That’s why when you enlist the help of Mark A. Simon, you’ll be able to navigate your situation with the confidence of knowing you Denver’s most experienced and well-recognized personal injury attorneys at your back. Before you contact our team, there are a variety of steps you can take to make sure you’ve put yourself in the best position to get the compensation you rightfully deserve.
Report Your Injury Immediately
In many personal injury cases, employers and workers’ compensation insurance companies partake in a strategy to deny claims if the injury was not promptly or properly reported. As long as your injuries are not life threatening, your employer should be the first person contacted after you’re injured on the job once you receive initial treatment. If possible, document the scene as best you can to maintain a proper record of the incident, as well as recording the names of any witnesses who saw you get hurt or injured. The more information you have about your case the better —leave no stone unturned. In Colorado, employers with one or more full- or part-time employees must have workers' compensation insurance, which covers work-related injuries and illnesses regardless of fault. In exchange, the employee gives up the right to file a lawsuit against the employer.
Inform Your Primary Healthcare Provider
Both employers and workers’ compensation insurance companies have been known to refuse personal injury compensation claims if the first medical note does not include a notation that the injury is a work injury. That’s why you need to make sure that your primary healthcare provider, doctor, or even dentist makes clear notes during the initial visit after your injury that your physical trauma has been the result of an on-the-job incident. Documentation from your healthcare provider acts as an official diagnosis of your injury.
Present Written Notice About Your Injury to Your Employer
Some states require that you complete an official form that official documents your injury to your employer. Colorado state laws dictates that within ten days after the time you notify your employer of your injury, your employer must file an Employer's First Report of Injury form with its insurance company if: you've been out for more than three shifts or more than three days. Many states also require your employer to provide you with such documentation in the event of an on the job injury. If you do not live in a state that requires such forms, create your own document that includes the date of the injury with a short description of what happened and what injures you sustained. This document should be provided to your employer as soon as possible after the incident, and you should keep a copy for your own records.
Keep a Diary
Keeping detailed record of your post-accident experience may impact when you may begin receiving weekly wage replacement from the state. Carefully record all days that you miss work, in addition to all travel and out-of-pocket expenses related to your care. Many states require that mileage be paid for all medically necessary travel over 20 miles round trip, in addition to reimbursement for any necessary out-of-pocket medical expenses paid by the injured worker.
Contact a Workers’ Compensation Attorney in Denver
The timeline for getting your first workers’ compensation paycheck can vary on a variety of circumstances that are unique in every case, notably any existing employment agreement between the employer and employee. If there is no formal agreement in place at the time of your injury or accident, Colorado wage and hour laws provides that all wages and compensation must be due for regular pay periods no greater than one calendar month or thirty days, whichever is longer.
Getting hurt on the job can be confusing and stressful, which can make navigating the Colorado workers’ compensation process still more difficult. The law offices of Mark A. Simon can help you file all forms and communicate with your workers’ compensation insurance company with confidence, making sure you recover all the wages you deserve and are legally entitled to during the time that you are out of work for both recovery and treatment. The Mark A. Simon personal injury attorneys in Denver will stay with you throughout the entire process and see you through until the very end.