Stout & Casey
What You Need to Know About Filing for Workers Compensation in Colorado
If you find yourself involved in a workplace accident, you may be worried about your family. You may be worried about getting adequate medical care. You may be worried about compensation either for temporary or permanent loss of your job.
If your boss tells you that you are not eligible to file for workers compensation, you may have believed them and not pursue it any further. Your boss might tell you that you are not eligible because they are not familiar with the process to file a worker's compensation claim. If you believe you have a claim, don't hesitate take the correct steps after a workplace accident.
Some dishonest employers might give incorrect information to discourage injured employees from filing for workers compensation. It is important to fact check what you hear from your employer about your workers compensation claim.
Here are some fast facts that are frequently misunderstood and misstated by employers to injured employees:
1. You don't have to report an injury within 24 hours. Some employers might tell you that you that you need to report the injury in writing within 24 hours of the injury or else you can't file a claim. You actually have four days to report the injury. According to the Colorado department on labor and employment, the injury needs to be reported to your employer in writing within four days of the injury.
2. Reporting the injury to your boss is not enough. Your boss might tell you that a written report is enough, but that is not true. If you don't turn in the completed form to your employer, you haven't filed for worker's compensation and they are under no obligation to give you benefits.
3. Your injury is serious enough. Some employers might tell you that your injury is not serious enough to file for workers compensation. While not all claims are accepted, most work related accident or injuries can be reported to workers compensation.
4. You don't have to be an American citizen to file for workers compensation in Colorado. Some employers will lie and tell undocumented employees that they need a social security number to file for workers compensation. You actually won't be asked for a social security number or proof of a green card on the workers compensation form.
5. Using your own health insurance may not help your case. Some employers tell you that you should use their own health insurance to cover the medical bills. This is not true, and has been used by dishonest employers as proof that it is not a work related injury.
Workers compensation claims can get rejected, but it is important to know the facts so that you and your family can get appropriate and adequate coverage during this difficult time. It is important to fact check what you hear from your employer about your workers compensation claim. You may also consider having your claim reviewed by an attorney with experience in workers compensation cases.