If you are injured on the job, the life that you were used to can come tumbling down around you. You may experience inadequate medical care, harassment on the job, or you may even be fired. Below we have outlined some important information that you should know when an accident on the job occurs:

A. Legal Rights:

You are entitled to benefits including:

Payment of your medical care which is reasonable, necessary and related to your on the job injury;

Payment of lost wages for the period of time a doctor has taken you off of work for the injury;

Payment for prescriptions related to the injury;

Payment for mileage traveled to obtain medical care; and

Disfigurement benefits (if applicable) which are capped at $2,000.00.

IMPORTANT: You have a right to reopen your claim for up to 6 years after the date of the accident or 2 years from the last medical care if you experience a worsening in condition.

B. Medical Treatment & Bills:

Your insurer will send you to a doctor or doctors of their choosing for medical care. Payment of your medical bills is only covered under workers’ compensation authorized providers. If you seek treatment from a doctor outside of the workers’ compensation network, you will be required to bear those costs. If you feel the medical care you are receiving is inadequate, and it often is in workers’ compensation cases, you have the right to request a change of physician.

C. Settlements

Workers’ Compensation benefits for Permanent Partial Disability are capped at $60,000, or $120,000 for higher impairment ratings in Colorado. Workers’ Compensation does not compensate you for your pain, suffering or inconvenience. Retraining is no longer a required benefit in Workers’ Compensation cases. Workers’ Compensation benefits in Colorado were sharply reduced by Governor Romer and the State Legislature in 1991. When settling your case, your employer’s insurer will consider any permanent impairment, future medical expenses, the right to reopen your case, and other factors.

D. Fees and Costs:

Mr. Simon charges a contingency fee of 20% on workers’ compensation cases. Costs on workers’ compensation cases are usually very low. This fee applies to Permanent Disability Benefits and final settlements. We do not assert a fee on uncontested lost wages, mileage reimbursement, prescription reimbursement, or medical benefits.

Frequently Asked Questions:

Q: How do I report an on the job injury?
A: You will need to notify your employer immediately after the accident occurs and fill out the appropriate paperwork. You will also need to complete a Workers’ Claim for Compensation and mail this form to the Division of Workers’ Compensation located at 633 17th St., Suite 400, Denver, CO 80202.

Q: What if my employer denies my claim?
A: You have the right to refute the insurance company’s denial and go to hearing to prove that the accident was work related. You may wish to hire an attorney for this.

Q: What if my medical care is inadequate?
A: You have the right to request a change of physician from the insurance company, but they almost never agree to voluntarily change; a hearing is often required.

Q: Am I entitled to lost wages?
A: If you have missed more than three days total from work as a result of your injuries (per a doctor’s note), you are entitled to lost wage benefits in the amount of 2/3rds of your average weekly wage prior to the accident. These benefits are called Total Temporary Disability Benefits.

Q: The doctor has released me back to work on modified duty. What should I do?
A: If you have been released on modified duty, you are entitled to Temporary Partial Disability Benefits to make up for any missing wages.

Q: The doctor has released me back to work full time prematurely. What should I do?
A: If you have been released from medical care, you are entitled to a Second Opinion examination to be performed by an independent Level II accredited physician. This examination will address your impairment rating and date of Maximum Medical Improvement.