Workers Compensation Benefits:
Usually, if a worker is injured on the job, and is not an independent contractor, he or she is entitled to Workers Compensation Benefits. Workers injured in the course and scope of their employment are entitled to make claims for lost wages, medical bills, permanent partial and permanent total disability. However, these benefits rarely compensate the injured worker for all of the losses incurred as a result of the injury and do not cover things such as compensation for pain and suffering or for vocational rehabilitation in Colorado.
The cases where both a workers compensation claim has been made and a “third party” claim against the “at fault” party is brought can be quite complicated. The injured worker is also allowed to make a claim against at fault third parties even if workers compensation benefits have been paid. The cases where both a workers compensation claim has been made and a “third party” claim against the “at fault” party is brought can be quite complicated. The client is usually trying to get the money from the same insurance policy, the at fault party’s insurance policy, from which the workers compensation insurance company wants to get paid back.
Typical Workers Compensation Services:
Assuring that an individual’s work related injury is admitted and made compensable by the employer’s workers compensation insurance company.
Assuring that the workers compensation insurance company pays all medical benefits that are owed to the injured worker.
Assuring that the injured worker receives (66.66) % of their average weekly wage in wage loss benefits when the injured worker misses more than three days of work due to their work related injury.
Assuring the injured worker receives the maximum amount of permanent partial disability benefits allowable under law.
All services provided include free consultation and contingent fee agreements of (20)%. (Typical of the industry)
Workers Compensation – Construction Accidents:
Construction sites are busy, interesting places to work, but they are also dangerous places and millions of workers are injured while at work each year. The Federal Government through the Occupational Safety and Health Administration (OSHA) regulates construction work sites and tries to protect workers, but injuries and death still occur for a variety of reasons.
The most common construction related injuries include:
According to Bureau of Labor Statistics, more than 2,100 people died in 2003 as a result of serious construction accidents. Another 400,000 people suffered construction accident injuries so severe that they were forced to miss work that same year.
Wage Loss Benefits: In Colorado, if you miss more than (3) days of work due to your work related injury, you are entitled to receive (66.66)% of your average weekly wage in temporary total disability benefits.
There are many different ways to determine what your average weekly wage is at the time of your work related injury. The amount of your wage loss benefits are determined by your average weekly wage. Therefore, do not allow the workers compensation insurance company to determine what your average weekly wage is without consulting an Attorney.
If the workers compensation insurance company determines that you were terminated for cause from your employment, you will not receive wage loss benefits in the form of temporary total disability benefits. Do not accept the workers compensation company’s determination that you were terminated for cause without obtaining legal advice.
Permanent Benefits: When your workers compensation physician determines that you are no longer in need of medical care, you will be placed at maximum medical improvement. At this time, your right to receive temporary total disability benefits will end. You will also be given an impairment rating that will determine the amount of permanent partial disability benefits you will receive. At this time, the physician will also determine what, if any, ongoing medical care you will receive.
Permanent partial disability benefits: are intended to compensate you for the permanent damage your work related injury has caused. Do not accept the workers compensation insurance company’s determination regarding how your injury has permanently damaged your physical well-being and life. Once this date is reached and the workers compensation insurance company files a Final Admission of Liability, you only have (30) days to respond. Failure to respond to the Final Admission of Liability, or failure to respond properly, may cause you to lose your right to receive any further benefits. Therefore, it is important to consult an Attorney before the maximum medical improvement date is reached.
When you are injured in the course of your employment, the most important benefit you are entitled to receive is proper medical care.
Private health insurance policies are not designed or written to cover expenses associated with work related injuries. Therefore, if you are injured on the job and require medical care, the only way to obtain medical care is through your employer’s workers compensation insurance company.
When you report your injury to your employer, your employer is required to provide you with a medical provider list containing at least two medical providers. If your employer does not provide you with a choice of two medical providers, you may be entitled to seek medical care from a physician of your choice.
Changing an Authorized Treating Physician:
If an injured employee is not satisfied with their authorized treating physician they have three (3) opportunities to change physicians:
- An injured employee may request a change of authorized treating physician to another physician or provider on the employer’s designated list, if it is within ninety (90) days from the date of injury and maximum medical improvement has not been attained.
To request such a change the form established by the Division of Workers Compensation must be properly completed and sent to the appropriate parties. However, if the employer feels that the injured employee’s request does not meet the statutory requirements the employer can object in writing within seven (7) business days following receipt of the form and the injured employee’s request to change physician will be determined at a hearing.
- In addition to the above, an injured employee also has the right to change their care to a personal physician by submitting a written request to change physicians pursuant to C.R.S. §8-43-404(5)(a)(VI). In this instance if the employer or the employer’s insurance carrier does not object to the employee’s written request within twenty (20) days of the date of the request, the employee has the right to change their care to any physician not just a physician listed on the employer’s designated list as permitted above.
- Lastly, an injured employee may change physicians at any time upon written permission from the employer’s insurance carrier or by obtaining an order from an administrative law judge permitting a change of physician.
The Mintz Law Firm has been protecting the rights of people who have been injured in an auto related accident for 35 years.
We represent the victims of personal injury cases following serious & catastrophic injuries.
If you were injured or hurt on the job, you are entitled to benefits.
If you have been injured while at a business or on private property, you may be entitled to compensation in a premises liability case.