Mark A. Simon
What to Do After an Accident at Work
You might love going to your job on a daily basis, and for us the thought of an on-the-job accident is distant. But the fact of the matter is, no matter how careful you are, and how much you abide by the safety rules, on-the-job accidents may happen. In fact, on-the-job accidents are more common than you’d think. This is where your Denver workers compensation attorney will be your go-to source to get you through your recovery and make sure you get the compensation you need. But before you move forward, there are a few things you should know:
Ideally according to the state of Colorado, you should put in your claim within four days of your injury, even if your employer does not have that guideline posted. Once you exceed those four days, you may lose your benefits the longer you wait. There may be some circumstances where you may not be able to file a report due to your condition. In this case, another person can file one on your behalf, may it be your spouse, a parent, etc.
Colorado has a no-fault system, which works to your benefit if you are injured on the job. This means that no matter who is actually at fault, whether it was yours or your employer's, insurance will still cover your claim in most cases if the insurance company approves it. Insurance companies will not always approve your claim, in which you are fully responsible for your expenses. Of course, there is a lot to learn here and one of the best ways is to read more on the Colorado government website’s article on Statute, Rules and Guidance.
When it comes to medical care after an injury, your Denver workers compensation attorney can help. Essentially, you may be directed to your work’s preferred medical provider. If you aren’t, then you can likely choose your own. However, there are some cases where your employer may direct you to a medical facility and you would prefer to use your own because of the quality service you are used to there. You can do that, but it may come at your expense and you end up needing to foot the bill. Benefits will kick in and will pay for all authorized expenses and wage replacement on a bi-weekly basis.
If are injured on the job and your workplace does not report your injury for workers compensation, it is definitely something to be concerned about. There are actions you can take, and you are given up to two years to file this information. If this happens to you, find your local Worker’s Claim for Compensation Division and make an in-person visit. You can also download and mail a form to to 633 17th St., Suite 400, Denver, CO 80202-3660. After experiencing an accident on the job, you will immediately need to file your report and get the process started. While you work to file a Denver workers' compensation claim, you may encounter words and terms you don't know, and that’s okay! That is where we come in. Here are some of the common terms you will encounter:
- Average Weekly Wage: The average weekly wage is a calculation of salary when a person is working to get disability (total, partial or total). To find this number, the sum of a person’s prior year earnings is divided by 52 (for the number of weeks in a year).
- Claim: The claim is the report an employee files after sustaining an injury while on the job. When reporting injuries in Colorado, you will need to file as soon as possible. Your employer will need to have your claim submitted to their insurer 10 days after the incident.
- Permanent Partial Disability: Those with permanent partial disability are workers that have recovered from an injury enough to get back to work, however, may have lost their ability to do specific tasks because of the injury. The person may then receive benefits based on this change.
- Permanent Total Disability: If a person sustains a permanent injury from a work accident and unable to work, they may receive permanent total disability funds.
- Statute of Limitations: The statute of limitations is the deadline a claim must be filed. For Colorado, most situations have a two-year statute of limitations. In some cases, it can be three but typically requires more documentation. This date is something that is best to discuss with a lawyer.
- Temporary Total Disability: If a worker can come back to work post-injury but has not been assigned a maximum medical improvement rating, they can get two-thirds of their pay from temporary total disability.
If you suffer from an on-the-job injury, the office of Mark A. Simon can help! With over 22 years of workers compensation, personal injury and auto accident experience, we are a premier Denver law office that will get you the justice you deserve. We have handled thousands of cases including a $2,950,000 workers compensation settlement—which is a record for the state of Colorado. If you need help with your workman’s compensation claim, give us a call or contact for a free introductory consultation.