Workers’ Compensation Attorney in Fort Collins
When you’ve suffered a workplace injury or illness, you may have the right to receive workers’ compensation benefits. But the claims process can seem overwhelming, and if you make one mistake, it could hold up the process of securing benefits from your employer. With The Wilhite Law Firm by your side, we can handle the legal side of things while you recover from your injuries.
For over 40 years, our firm has worked tirelessly to provide top legal representation and advocacy in workers’ compensation cases for hard-working Coloradans. We understand the anxiety and stress you may feel as you heal from a devastating work injury, and we strive to help you on the road to recovery. Our Fort Collins workers’ compensation attorneys will manage all the details of your workers’ comp claim so you can focus on your treatment and rehabilitation.
Contact us today for a free, no-obligation case review and consultation. Learn how a Fort Collins workers’ compensation lawyer can guide you through the claims process.
What Is Workers’ Compensation?
In Colorado, the workers’ compensation system ensures employees can obtain the financial resources needed to treat and recover from a work-related injury or occupational disease. Workers’ compensation guarantees specific benefits to workers who sustain an injury or develop an illness or disease in the course and scope of their employment.
As a no-fault system, workers’ comp does not require workers to prove that their employer bears any fault for causing their injury or illness. However, state law typically makes workers’ compensation an employee’s sole avenue for legal recourse against their employer, precluding them from filing a personal injury claim. Contact our Fort Collins personal injury lawyer today.
Are All Fort Collins Businesses Required to Provide Workers’ Comp?
All Colorado businesses with at least one employee who works in Colorado must carry workers’ compensation insurance. Employees eligible for workers’ comp coverage include part-time and seasonal employees, as well as employees related to the business owner. An employee is eligible for workers’ comp benefits on their first day at work.
However, a few employers or industries fall outside the scope of Colorado’s workers’ compensation law. These include the federal government, maritime employers, and railroad companies.
A worker has the right to continue receiving workers’ compensation benefits from an employer even if the employer subsequently terminates the worker’s employment. However, the law prohibits employers from terminating employees in retaliation for or to prevent an employee from filing a workers’ compensation claim. An employee terminated in retaliation for seeking workers’ comp benefits can also file a wrongful termination claim against their employer. Contact our Fort Collins workers’ compensation lawyer today.
What Injuries Are Covered by Workers’ Compensation?
Any injury or illness a worker suffers due to employment can entitle them to workers’ comp benefits. Examples of work injuries that can give rise to workers’ compensation claims include:
- Lacerations
- Burns
- Electrocution injuries
- Puncture wounds and perforation injuries
- Broken bones
- Repetitive stress injuries, such as bursitis or carpal tunnel syndrome
- Ligament sprains and tears
- Muscle and tendon strains and tears
- Herniated spinal disc injuries
- Internal injuries and bleeding
- Spinal cord injuries and paralysis
- Traumatic brain injuries
- Vision or hearing loss
- Amputation or limb loss
- Toxic exposure and chronic illnesses such as asbestosis or cancer
- Viral or bacterial infections
- Mental illness or psychological trauma
What Should I Do If I Am Hurt on the Job in Fort Collins?
After suffering injuries in a work accident, taking the following steps can protect your rights to workers’ compensation:
- Report your injury to your employer within ten days of the workplace accident.
- Seek prompt medical attention and follow your doctor’s treatment recommendations and medical restrictions.
- Obtain copies of the medical records of your treatment and rehabilitation for your work injury or illness.
- Gather your pay stubs or income statements to determine your average weekly wage if you cannot work or earn less due to medical restrictions.
- File your Workers’ Claim for Compensation with the Division of Workers’ Compensation.
Finally, contact a Fort Collins workers’ comp lawyer from The Wilhite Law Firm to discuss your eligibility for workers’ comp and to get help if your employer denies your benefits claim.
What Benefits Can I Receive from Workers’ Compensation?
The Colorado workers’ compensation system provides ill or injured workers with specific financial benefits to compensate for their lost wages. These may include:
- Medical Benefits – Workers’ compensation can cover all reasonable and necessary medical expenses arising from your treatment and rehabilitation.
- Mileage Reimbursement – Workers can request reimbursement for mileage and parking fees incurred to travel to medical visits or to pick up medications or medical supplies.
- Temporary Total Disability (TTD) Benefits – When their doctor takes them off work or imposes restrictions the employer cannot accommodate, a worker can obtain payment of two-thirds of their average weekly wage.
- Temporary Partial Disability (TPD) Benefits – Workers who return to work but earn less than their previous average wage due to missing time from work (including due to attending medical appointments) can receive the difference between their regular average weekly wage and their current lower wage.
- Permanent Partial Disability (PPD) Benefits – A worker who suffers a permanent loss of function or use of a body part can receive financial payments based on the type and severity of the disability.
- Permanent Total Disability (PTD) Benefits – When a worker’s injury or illness permanently disables them from rejoining the workforce, workers’ compensation can continue paying total disability benefits for the rest of the worker’s life.
What Happens If My Fort Collins Workers’ Comp Claim Is Denied?
When your employer or the workers’ compensation insurance company denies your benefits claim, you can pursue your claim with the Colorado Division of Workers’ Compensation. A worker must file a formal claim with the Division within two years of a workplace accident or developing symptoms of an occupational disease.
A workers’ compensation hearing is a formal legal proceeding in which an administrative law judge hears testimony and arguments and receives documents from the worker and their employer to decide what benefits the employer owes the worker. You or your employer can also request a settlement conference, although both parties must agree to participate.
Contact a Fort Collins Workers’ Compensation Lawyer
After being hurt on the job, you may have the right to recover workers’ compensation benefits from your employer. Contact The Wilhite Law Firm today for a free, no-obligation consultation with an experienced Fort Collins workers’ comp attorney. We’ll discuss your legal options for getting the financial resources you need to move ahead with your life.
