Workers' Comp FAQ

  1. Am I eligible for workers' compensation benefits?
  2. What is workers' comp insurance?
  3. Do I have to prove that my employer caused the accident?
  4. How much medical treatment can I receive?
  5. How much can I receive in disability benefits?
  6. Do I have to hire an attorney?

1. Am I eligible for workers' compensation benefits?
The vast majority of all employers in Colorado are required by state law to carry workers' compensation benefits, so if you have been injured on the job, then there is a very high likelihood that you are eligible to file a claim for benefits. Workers' compensation serves the purpose of relieving the injured employee of the significant economic burden of obtaining medical treatment for an injury sustained at work, and nearly all employees in Colorado Springs and statewide are covered.

2. What is workers' comp insurance?

3. Do I have to prove that my employer caused the accident?
No. This is one of the factors that sets a workplace accident apart from a car accident or any other type of accident: Workers' compensation is a no-fault type of insurance. It is not necessary to demonstrate that your employer is at fault for causing the accident. You can file a claim for workers' comp under nearly any circumstances providing only that you did not cause the accident through your own willful negligence.

4. How much medical treatment can I receive?
You can receive compensation for any type of treatment you may require to achieve the maximum medical improvement. This is the legally and medically defined level at which your injury or illness is not expected to improve any further even with continued medical treatment. Any type of treatment that is reasonable and necessary may be covered, including emergency care and hospitalization, surgery, diagnostic tests, medication, rehabilitative care, and equipment to accommodate a disability.

5. How much can I receive in disability benefits?
There are four different types of disability benefits, depending on the scope and severity of your injury:

  • Temporary partial disability
  • Temporary total disability
  • Permanent partial disability
  • Permanent total disability

With the exception of permanent partial disability, these benefits are calculated at a rate of two-thirds of the amount of income that you are losing as a result of your injury, whether you are receiving reduced wages or have been forced out of work entirely. Permanent partial disability benefits, on the other hand, are calculated according to your impairment rating, which is a percentage of disability assigned to your injury.

6. Do I have to hire an attorney?
The short answer is, "No, but you should." Why? Due to the fact that workers' compensation law is a complex subject, it can be highly challenging to successfully navigate the system without a lawyer. For example, many workers' compensation denials are based on simple mistakes or omissions in preparing the claim. Others can be attributed to the fact that the insurance company is a for-profit business and will do everything they can to minimize or deny a claim whenever possible.

By hiring an attorney from Clawson & Clawson, LLP to represent your claim, you can greatly improve your chances of achieving a successful outcome. We have more than 120 years of combined experience and our attorneys have extensive familiarity with the claims process. Let us fight for your right to receive the benefits you need and deserve! Contact a Colorado Springs attorney to discuss your workers' comp case today.

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