Is it worth it to pursue a workers’ compensation claim?

Yes! If you’re hurt at work and do not report the claim, because you think you are doing your employer a favor, or don’t want to be a bother, you are jeopardizing your health and possibly your ability to work at your full capacity in the future. If you need medical treatment because of an injury, it is the responsibility of the workers’ compensation insurance carrier to provide that treatment at no cost to you. If you have private health insurance, they will not pay a claim for treatment needed for an injury that happens on the job. Going without proper medical treatment may adversely affect your health and ability to continue working.  And if you wait too long to report that injury and need for treatment, your injury may be called into question.   As I often tell my clients, you have one body to get you through your working life. If you need medical treatment to preserve that body, which should be paid by the workers’ compensation insurance carrier, it’s in your best interests to pursue it.

Do I have to sue my employer? I don’t want to.

This is a common misunderstanding. If you are injured at work, and pursue your workers’ compensation claim, you are not suing your employer. Every employer in the state of Colorado who has employees is required to carry workers’ compensation coverage to provide benefits to injured workers. If benefits are owed, an insurance carrier pays those benefits.  Neither are you “suing” the insurance carrier.  Pursuing your claim simply means that you are seeking benefits owed to you under the workers’ compensation system which are paid by an insurance company.  In fact, when I represent injured workers, I rarely even communicate with the employer – my dealings are with the adjuster who is assigned to the claim for the insurance company. It is that insurance company who is responsible for admitting, or more commonly, denying benefits.  It’s my job to get my clients those benefits they are entitled to, but I am not suing the employer to get that accomplished.

Do I have a workers’ compensation claim?

If you have been hurt while you were working on the job, you have a claim. You must notify your employer in writing within 4-days of being injured. If you don't, it doesn't mean you cannot pursue your claim, but failure to give notice in writing within 4-days will affect your wage loss benefits. You may also need to file a Claim for Compensation with the Division of Workers' Compensation to further pursue that claim.  If you are injured on the job, you are entitled to medical treatment which is paid for by the workers' compensation insurance carrier at no cost to you. But, you need to request medical attention and see a medical provider designated by your employer.  If you miss work because of your injury, you are entitled to receive wage loss benefits at 2/3 of your gross wages. Unfortunately, many insurance carriers miscalculate the amount of gross wages being earned at the time of the injury, and injured workers end up receiving less in wage loss benefits than they are entitled to. This is just one area where I can help.  Calculating the correct average weekly wage that was being paid at the time of the injury is critical because that wage also affects future benefits if there is permanent impairment as a result of the injury.