Employment Colorado Workers Compensation

Colorado Workers Compensation

Colorado Workers Compensation

Introduction

Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees who are injured while performing work-related duties. In Colorado, the workers’ compensation system is tightly regulated by the state government to ensure that injured workers receive the benefits they are entitled to. This article will provide detailed information on Colorado workers’ compensation laws, including updates as of 2021.

Workers’ Compensation Coverage

In Colorado, workers’ compensation insurance is compulsory for employers who have one or more employees. The law requires employers to provide coverage for their employees, regardless of the nature of the industry. The only exception is for certain types of agricultural workers who are working for a small family-owned farm with fewer than five employees.

Employers can obtain workers’ compensation coverage from private insurance companies or through Colorado’s state-run workers’ compensation program, Pinnacol Assurance. Self-insurance is also an option for some employers who meet the state’s financial requirements.

Benefits

If you are an employee in Colorado and have been injured on the job, you may be eligible for several different types of benefits, including:

– Medical Benefits: The employer is responsible for providing medical care that is reasonable and necessary for the treatment of the employee’s injuries. This may include doctor visits, hospital stays, surgery, physical therapy, and prescription medications.
– Temporary Total Disability Benefits: If the employee is unable to work for a certain period of time due to their injury, they may be eligible for temporary total disability benefits. These benefits provide wage replacement of up to two-thirds of the employee’s average weekly wage, up to a certain maximum amount.
– Permanent Partial Disability Benefits: If the employee has a permanent disability but can still work in some capacity, they may be eligible for permanent partial disability benefits. These benefits are based on a percentage of disability and the employee’s average weekly wage.
– Permanent Total Disability Benefits: If the employee is permanently unable to work in any capacity due to their injury, they may be eligible for permanent total disability benefits. These benefits provide wage replacement of two-thirds of the employee’s average weekly wage, up to a certain maximum amount.

Reporting an Injury

If you are injured on the job, it is important to report the injury to your employer as soon as possible. Failure to report an injury within four days can lead to a loss of benefits. You should also seek medical attention right away, as delaying treatment can make your injury worse.

To report an injury, fill out a First Report of Injury (FROI) form and submit it to your employer. Your employer will then send the form to their workers’ compensation insurance carrier or Pinnacol Assurance. The workers’ compensation carrier will investigate the claim and determine whether to accept or deny it.

If your claim is denied, you have the right to appeal the decision. You should consult with a workers’ compensation attorney for assistance in filing an appeal.

Employer Responsibilities

Employers have certain responsibilities under Colorado workers’ compensation laws. These include:

– Providing workers’ compensation insurance coverage for employees
– Reporting workplace injuries to the workers’ compensation carrier or Pinnacol Assurance
– Providing employees with information about their rights under workers’ compensation laws
– Not retaliating against employees who file workers’ compensation claims

Penalties can be imposed on employers who do not comply with these requirements.

Changes in Colorado Workers’ Compensation as of 2021

In 2021, Colorado made significant changes to its workers’ compensation laws. Here are some of the key updates:

– Telemedicine: In light of the COVID-19 pandemic, Colorado has expanded the use of telemedicine for workers’ compensation claims. This means that injured workers can now receive medical care remotely, rather than having to go into a doctor’s office.
– Mental Health Benefits: Colorado has expanded the availability of mental health benefits for injured workers. Now, employees who suffer a compensable injury can receive up to six months of mental health treatment, regardless of whether the injury was physical or mental.
– Independent Medical Examiners: Colorado has tightened the rules around independent medical examiners (IMEs). IMEs are doctors who are hired by the workers’ compensation carrier to examine injured workers and provide a medical opinion on their injuries. Under the new rules, IMEs must be licensed in Colorado, have liability insurance, and must not have any conflicts of interest.
– Penalties for Late Payment: Employers who do not pay workers’ compensation benefits on time can now face penalties. Under the new rules, a penalty of up to 50% of the unpaid benefits can be imposed on employers who do not pay within 30 days of the due date.

Conclusion

Workers’ compensation is an important protection for employees who are injured on the job. In Colorado, the laws around workers’ compensation are strict and heavily regulated to ensure that injured workers receive the benefits they are entitled to. If you have been injured on the job, it is important to report the injury to your employer and seek medical attention right away. With the updates to Colorado workers’ compensation laws in 2021, injured workers have even more protections and benefits available to them.


Understanding the Colorado Workers Compensation Laws

Colorado workers compensation law is extremely comprehensive, complex, and maybe a little complicated. For sure, you would need the assistance of a qualified workers compensation attorney in Colorado to help guide you through the process.

You can, however, get a very good idea on what to expect, everything from the very basic of Colorado workers compensation laws. And everything from the basic laws regarding workers compensation insurance in Colorado.

Here Are Important Statutes of Everything Involving Colorado Workers Compensation Laws:

1. General Provisions

2. Coverage and Liability

3. Benefits

4. Procedure

5. Insurance

There are specific Colorado workers compensation laws for each of these statutes. Starting with….

The General Provisions

It’s important to understand what an “accident” means in Colorado workers compensation laws. Definition: an event occurring without knowledge that it will occur in an “unexpected” or “unusual” manner.

Of course, this accident along the lines of Colorado workers compensation laws must be something related to the job for it qualify. Workers compensation insurance in Colorado won’t cover incidents specifically occurring just during a work schedule.

It’s also important to understand that these Colorado workers compensation laws apply to only employees and not contracted workers. Employees on the payroll, taxes taken out, and even benefits offered, would be under workers compensation insurance in Colorado.

It’s also important to understand that an employer does have what’s called an abrogation of defense to counter the claim under workers compensation insurance in Colorado. It follows these statutes:

1. Assumption of Risk

2. Compliance of Employer Liability

3. Availability of Common-Law Defenses

4. Acceptance of Surrender of Remedies

What About Coverage Under Workers Compensation Insurance in Colorado?

Certain stipulations exist regarding how an employer is liable and to what end the coverage applies.

Specifically, certain industries have laws, such as:

1. Common Carriers Specifically With Transportation

2. Limited Liability Companies

Specifically, this is in regards to railroads and other civil air patrols. In addition, provisions under articles 40 and 47 can be rejected by corporate officers if the company holds a limited liability to the claim for workers compensation insurance in Colorado.

In the Event That a Claim Can’t Be Denied, the Benefits Are….

1. Medical Benefits

2. Surgical Benefits

3. Dental Benefits

4. Nursing Benefits

5. Hospital Treatment Benefits

6. Medical Supplies

7. Crutches

8. Other Health Apparatus

In addition, every employer must record every single injury resulting in fatality. It’s mandatory by law. In addition, permanent physical impairments or lost time from work due to injury for an excess of three shifts or days must be logged by the employer.

There Are Also Insurance Requirements

It’s paramount to understand that by law a business is required to….

1. Provide Insurance and Compensation in Line With the Pinnacol Assurance Fund

2. Provide Insurance and Compensation in Line With Any Stock or Mutual Corporation

3. Procure a Self-Insurance Permit

Be in the Know About the Law for Workers Compensation in Colorado

This is only a simple shred of what to expect when it comes to workers compensation. To know more, consult an attorney specializing in this niche. Protect your rights. And get the compensation you need.