Workers' Comp Benefits
Insurance Coverage for an Injury Sustained on the Job
Nearly all businesses in Colorado Springs and statewide that have one or more employees are required by law to carry workers' compensation insurance. This is to ensure that an employee who is injured on the job will not be required to shoulder the significant economic burden of the accident. Since workers' compensation is a no-fault system, it is not necessary to prove that your employer or anyone else was at fault for causing the accident. Workers' compensation pays medical benefits for any and all treatment that you will require to achieve a full recovery up to the point of "maximum medical improvement," the stage at which your injury or illness is not expected to heal any further with continued treatment. In addition to medical care, you can also receive various types of disability benefits according to the severity and permanence of your injury, including:
Temporary Partial Disability
This type of benefit is for people whose injuries prevent them from performing their normal job duties but which do not force them out of work entirely. If you have been able to return to work but are receiving a reduced wage as a result of a partial disability, you can receive compensation for the amount of income you are losing on a weekly basis. Temporary partial disability benefits are calculated as two-thirds of the difference between your average weekly wage and the amount you are currently receiving. Benefits are paid until you achieve the maximum medical improvement.
Temporary Total Disability
If your injury has made it impossible for you to work in any capacity but you are expected to recover at some point and be able to return to work, then you can claim temporary total disability benefits. This type of benefit pays at a rate of two-thirds of your average weekly wages and continues until you have reached the maximum medical improvement.
Permanent Partial Disability
While some workplace injuries will fully heal, many will leave the accident victim with some type of permanent disability. If your injury has resulted in a permanent impairment that will forever reduce your earning power, you can offset the lost income by claiming permanent partial disability benefits. The amount you can receive is calculated based on an impairment rating, which is a system of assigning a percentage of disability to your injury. The maximum available is currently $150,000, of which up to $60,000 can be paid in a lump sum settlement.
Permanent Total Disability
In the event that you have sustained an injury or illness that renders you entirely incapable of performing any type of work, you can file a claim for permanent total disability. This type of benefit is paid on a weekly basis and is calculated at a rate of two-thirds of your average weekly wage. Permanent total disability benefits can continue for the rest of your life, and there is no maximum amount.
Maximizing Your Claim for Benefits
A Colorado Springs workers' comp attorney from Clawson & Clawson, LLP can help you take the necessary actions to recover the maximum amount available to you. Given that workers' comp benefits are limited in nature, it is highly advisable to have an experienced attorney on your side to ensure that you are not approved for or denied anything less than what you deserve. We can additionally review your case for third-party liability to determine whether you may have grounds for a personal injury or wrongful death claim, which could provide you with additional compensation for your losses. Contact us now for a free consultation to discuss your options.