What Does Worker’s Compensation Cover?

Types of Injuries Covered by Workers’ Compensation 

Workers’ compensation covers on-the-job and work-related injuries. These can include acute injuries caused by an on-site accident, repetitive stress injuries that develop over time, and occupational illnesses. Common work-related injuries include slips and falls in the workplace, tendonitis and other repetitive stress injuries from making the same motion over and over, car accidents while making deliveries, or illnesses caused by exposure to hazardous materials. 

Benefits Provided By Workers’ Compensation 

Workers’ compensation provides several benefits depending on the injured worker’s situation. This includes medical expenses, which may be covered directly or reimbursed later. If a worker dies, their dependents will receive death benefits covering some or all of the deceased person’s funeral expenses and ongoing payments based on their average weekly earnings. 

The other major benefit that injured workers receive is disability payments while they’re unable to work. Disability benefits can be either temporary or permanent and partial or total. If a worker is fully disabled and unable to work at all, they’ll receive two-thirds of their average weekly wages. Partial disability happens when the injured person can work but not in their regular role. This can mean working in a lower-level role that doesn’t pay as much or fewer hours than usual. Partial disability benefits are based on the difference between what the person earns while disabled and what they normally earn. 

Qualifying for Workers’ Compensation 

To qualify for workers’ compensation, the injury must happen ” during employment.” This means that the injury occurs during the employee’s work hours, at the workplace, or somewhere else the employee needs to be because of their job, and while the employee is working or doing something incidental to their work. For example, if a store employee goes shopping at their workplace on a day off and slips and falls in the store, they would not be eligible for workers’ compensation. If an employee leaves the office to complete a work-related errand and gets into a car accident, they would be eligible. 

Workers in Colorado must report their injuries to their employers in writing within 10 work days of the injury occurring. If they don’t need emergency medical treatment, they should make this report and choose a healthcare provider from the employer’s designated list before seeking care. The employee must also file a workers’ compensation claim with the Colorado Department of Labor and Employment within two years of the injury. 

The Importance of Timely Action 

Reporting injuries within the required time limits simplifies the claims process. Missing reporting deadlines can mean having a claim denied or benefits reduced. Depending on the type of injury, it can also make proving the connection between work and the injury more difficult. If a workplace accident causes a new injury, it’s fairly easy to show the link. If an accident worsens an existing injury or a chronic injury develops over time, medical records can be an essential part of the claim. Medical records will also establish when the injured person has reached maximum medical improvement. This is the point where their health won’t improve any further. An injured worker must get to this point before their claim is finalized. 

Let Us Help Simplify the Process 

Going through the workers’ compensation process can be stressful and overwhelming. Hiring a workers’ compensation lawyer can ensure you get the compensation you’re entitled to while making things easier. Schedule an appointment with the Law Office of Miguel Martinez to discuss your case today!

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