Filing a Workers’ Compensation Claim in Colorado:
In contrast to an accident that might occur outside of the workplace, negligence is not a factor in job-related incidents. Attributing fault to an employer or an employee for a work-related accident is unrelated to coverage. Workers compensation in Colorado is a no-fault system; the issue at hand is whether the accident occurred in the scope of employment. If it can be illustrated that the injury occurred at the workplace in the course and scope of employment, the injured employee will be covered.
Filing a worker’s compensation claim is similar to submitting a claim to the health insurance company. It is a claim, or request, for benefits. Many have experienced this process, and it is not always easy to get the results you want when dealing with insurance companies.
Colorado Waiting Period:
You must serve a oneweek waiting period for each new claim or benefit year. To count as your waiting period week, you must file a claim and be entitled to benefits for the week. You will not be paid benefits for this waiting period week.
If you miss more than three days, due to a work related injury, you will be entitled to obtain wage compensation benefits. Wage loss benefits are calculated from the 4th day, you are unable to work due to the injury. Payment for the first three days missed is only made if you are off work more than two weeks. Your benefits will be two thirds of your average weekly wage up to the maximum amount allowed by law on the date of your injury. Average weekly wage includes: gross wages or salary, commissions, overtime, tips and per diem payments reported to the IRS, reasonable board, value of rent, housing and lodging, and the employee`s cost of continuing the employer`s group health insurance plan.
Colorado Workers’ Compensation Treatments
If your employer has designated a medical provider before or at the time of the injury, you will be required to see that provider for medical care. If your employer does not direct you to a medical provider, you may seek treatment from the provider of your choice.
Colorado Workers’ Compensation Benefits:
You are entitled to medical care benefits for as long as it is reasonable and necessary. You are entitled to wageloss benefits after the required waiting period of three days, meaning you will be paid beginning on the 4th day. You may also receive benefits for permanent damage, such as the loss of a body part. You may be entitled to a disfigurement benefit for certain injuries. Death benefits will be paid to your dependants in the even of your death. In some instances you may be entitled to vocational rehabilitation
Colorado Workers’ Compensation Contact Information:
Bob Summers, Director
Division of Workers’ Compensation
633 17th Street, Suite 400
Denver, CO 80202
(303) 318-8700 (303) 318-8700 or 1-888-390-7936 1-888-390-7936
(Contact: JoAnne Allen Ibarra)
NOTICE: These questions and answers concern Colorado law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.
