The topic of unemployment, along with the benefits a worker may be entitled to after being laid off or furloughed, has been garnering increased media attention due to rising rates of unemployment and recent debate at the federal level. Although the spike of unemployment in the United States due to the COVID-19 pandemic has begun to decrease, the Bureau of Labor Statistics reported in June that the unemployment rate across most industries still more than doubles the rate of unemployment from the same time frame in years past. Given our current state of affairs in this country, it is important to consider how workers’ compensation may affect unemployed workers in Colorado.

Can I Receive Unemployment Benefits and Workers’ Comp Simultaneously?

This sudden rise in the rates of unemployment across the country has caused many families a lot of stress and worry, but how does this surge impact those currently receiving workers’ compensation? The number of nonfatal workplace accidents recorded in 2018 exceeded 900,000 according to the Insurance Information Institute (III). Even though the number is sure to be lower in 2020 due to higher than normal unemployment rates and quarantining practices, many people receiving workers’ compensation may find themselves also being displaced by the pandemic.

Every job comes with certain risks, and some occupations can be more dangerous than others. If you suffer a workplace injury in any type of industry, the consequences can be devastating. It is imperative that you seek proper medical attention quickly. However, Colorado has a specific timeline and method that employers and workers must follow regarding the choice of a medical provider. A knowledgeable workers’ compensation attorney can play a key role in this process, as they will be able to help you navigate the law and ensure that you receive the benefits that you deserve.

Selecting a Medical Practitioner

Colorado law dictates that either an employer or his or her workers’ compensation insurance company has the right to choose a designated medical provider. In most cases, a victim of a workplace injury must be given a list of at least four physicians or corporate medical providers to choose from if available. This is to prevent a victim from not having any say in the matter. To ensure that the selections are at least somewhat diverse, one of the doctors on the list must have distinct ownership. This means that an employer cannot just present a list of providers who are under shared ownership and at the same location.

A workplace accident can occur even when proper protocol is followed. Whether you work in a physically taxing job such as construction, or you are in an office setting, it is important to understand the protection that you have under workers’ compensation laws. In general, all companies in Colorado are required to carry workman’s comp insurance to cover their employees in the event of an accident. Some injuries are relatively minor, while others can result in permanent disability or even death. If you were hurt while performing your job, you may need significant rehabilitation, or you may be unable to continue working at your full potential. That is why it is imperative that you consult an experienced workers’ compensation attorney to learn your options regarding benefits. 

What Is “Overexertion”?

You do not need to suffer from a severe injury like a broken bone to be eligible for workers’ compensation benefits. A large percentage of the workers’ comp claims in this country are filed under overexertion, which occurs when a person feels acute pain either from repetitively using the same muscle or from pushing their body past its limits. Some cases of overexertion, like frequently lifting of heavy objects resulting in severe back pain, are obvious, while others are much more subtle. For example, if you believe that your job leaves you chronically fatigued, and you injured yourself because of that, you could claim that you suffered from overexertion. The subtlety involved in many of these potential claims might be contested by your employer’s insurance company, which is why it is essential to have legal representation when making a workers' comp claim. 

Now that the World Health Organization (WHO) has officially declared COVID-19 (coronavirus) a pandemic, this pervasive virus brings with it a slew of legal concerns. One such concern is whether you qualify for workers’ compensation benefits if you contracted coronavirus while working. The answer to this question is complicated. However, if you take certain factors into consideration, you will have a better understanding as to whether filing a coronavirus workers’ comp claim is an option for you.

Does Coronavirus Qualify You for Workers’ Comp?

The average cold and flu typically do not necessitate workers’ compensation claims, since they are usually not serious and can be handled with paid time off or sick time. However, coronavirus is more complex. This highly contagious pandemic can mean life or death for some people. Even if you contract an infection while working, but your symptoms are mild, you could still transmit it to family and friends who might be more susceptible to life-threatening conditions resulting from the virus. In that sense, it is more dangerous than most illnesses that you might contract at work.

Since this virus is so new, the insurance and legal professions are rushing to catch up with the times. Some workers’ comp policies are being amended in light of the coronavirus. Employers and employees alike are reinterpreting the policies already set in place. Some states, specifically Washington, are already requiring workers’ compensation benefits for those exposed to the virus while at work.

While no two workers’ compensation cases are the same, many of the questions injured employees ask overlap with each other. Having any kind of life-altering injury can be a traumatic experience, but for workers, there is also the uncertainty of where their next paycheck will come from if they are unable to work for an extended period of time. When a person is injured while performing his or her job in Colorado, workers’ compensation kicks in to handle the costs of medical expenses related to the injury and address lost wages. Below are some of the typical questions employees ask when seeking workers’ compensation.

How Do I Report the Accident?

In Colorado, the ideal time to report a workplace accident to an employer is four business days. The official notice must be in writing, even if you have verbally reported the accident. It is possible to report the incident after four days, but workers’ compensation benefits may be restricted depending on the length of time after the accident. If you cannot report the accident yourself, then someone may do so on your behalf. 

When a worker accepts a job, he or she should also understand any occupational hazards that come with that profession. For an office worker, that may mean carpal tunnel syndrome, but for a construction worker, the consequences can be more serious. Regardless of a person’s occupation, most employers in Colorado are required to carry workers’ compensation insurance for their employees. This type of insurance prevents employers from being held liable in the instance of a workplace accident, but it also provides benefits to any injured employees. 

What Benefits Are Included With Workers’ Compensation?

Workers’ compensation is a government program, and any eligible employee has the right to file for benefits. If a person is hurt and cannot return to work temporarily or permanently, he or she can file a workers’ compensation claim. Workers’ compensation will replace lost wages for the time an employee is away and cover the costs of medical care for work-related injury or illness. 

Back pain is one of the most common injuries which a person can suffer. It is estimated that 80 percent of the population in the United States experiences back pain at least once in their lives. There are infinite ways to sustain a back or neck injury, such as falling on ice to getting hurt on the job. Minor pain is inconvenient, and may be caused by a strained muscle, but what happens when back or neck pain severely affects your quality of life? Thanks to workers’ compensation laws in Colorado, if work-related pain or an injury to the neck or back affects an employee's ability to continue working, they are protected financially. 

What Is Workers’ Compensation?

The Industrial Revolution led to a higher rate of employee injuries. The first no-fault workers’ compensation law was put in place in Colorado in 1915. Although laws change, the fundamentals of workers’ compensation remain the same today. If a person is injured because of work conditions or a work accident, he or she is entitled to benefits. This type of relief includes no-cost medical care and financial coverage for lost wages. How injured a person is, and whether or not he or she can return to the workforce, will determine the benefits given. Workers’ compensation protects employees' rights, but it also protects employers from lawsuits relating to an injured worker. 

When an accident happens at home, most people know what to do right away if they suffer an injury. When a person is injured at work, however, there are more variables, and a person may not know where to begin. Although most employees are eligible for workers’ compensation in the event of a work injury, there are certain steps and timelines to follow. In Colorado, it is important to obtain professional legal counsel to make sure you follow the proper procedures for filing a claim when seeking benefits. 

Steps to Take After a Work-Related Injury

When an injury is life-threatening, or there is a risk of losing a limb, an employee is allowed to seek immediate medical attention. Otherwise, medical care will need to be administered from a provider chosen by the employer. This doctor will then become the authorized treating physician for that employee’s work-related injury. 

Even when safety precautions are put in place, accidents can and do happen in many industries. Although no workers’ compensation case is alike, there are certain things a person can expect when filing for benefits regardless of the type of accident. If an individual is hurt and cannot work due to a workplace-related incident, most employees have the right to file a workers’ compensation claim. Employment laws exist to protect employees, and if a claim is approved, an injured worker will be compensated for lost wages and medical bills.  

Colorado Employment Law

Almost all public and private employers in Colorado are required to have and maintain workers’ compensation insurance, with few exceptions. Keeping with regulations, a “Notice to Employer of Injury” poster should be visible to employees at all times. Employees should not feel threatened to report an injury if it ever happens. It is illegal to fire an employee who reports an injury and files a workers’ comp claim. 

Workers in industries that require manual labor, such as construction, are at most risk for a spinal cord injury while on the job. The spinal cord is one of the most important organs in the human body. Housed by vertebrae, the spinal cord is the information highway of the nervous system that transmits signals to and from the brain. Humans have 33 individual vertebrae, which are the bones that make up the spine. These bones can be damaged as easily as a femur or humerus bone, except that instead of a broken leg or arm, the result can be damage to the spinal cord, resulting in paralysis in some cases. When this happens, and an employee is unable to return to work, he or she may be eligible for workers’ compensation. 

What Is Workers’ Compensation?

Every Colorado business with employees, no matter the size, is required to provide workers’ compensation insurance. This is a protection for employees in the unfortunate event they are hurt on the job. Workers’ compensation also protects employers from lawsuits solely based on an accident or an injury an employee may sustain. Eligible employees have the right to file for workers’ compensation if the injury is suffered at the workplace. Whether an employee is permanently or temporarily disabled, workers’ compensation benefits provide financial security by compensating an employee for lost wages and medical bills. Even if an accident on the job is the employee’s fault, he or she is still eligible for workers’ comp benefits. 

When it comes to workers’ compensation, truck drivers who are injured are in a unique situation in Colorado, depending on their employment status with a company. Many trucking companies hire drivers as independent contractors as opposed to regular full-time employees in an effort to save costs. There are many liabilities with having truck drivers as employees, so technically, an independent contractor would not qualify for workers’ compensation. Instead, under 2018 legislation, independent contractor truck drivers in Colorado qualify under occupational accident coverage for vehicles weighing more than 16,001 pounds. This coverage must be comparable to the employer’s workers’ compensation benefits. 

Types of Truck Accidents

Every type of job has the potential for a person to get injured while performing their occupational duties. Truck drivers are different than office workers due to the amount of time they spend on the road for their jobs. While truck drivers are subject to common workers’ compensation claims, such as slips and falls, they can also be involved in accidents specific to trucking. The following are accidents that a truck driver may face while on the job: 

Workers’ compensation claims involve many types of workplace injuries, including falls and motor vehicle collisions. Some of the most traumatizing work injuries come in the form of severe burns. 

According to the Centers for Disease Control and Prevention (CDC), an estimated 486,000 Americans were hospitalized due to serious burns in 2016, and here in the state of Colorado, burn injuries are not uncommon for workers in the construction and oil and gas industries. If you or a loved one suffered a burn injury while at work, it is time to seek experienced legal representation to ensure your rights are protected.

According to the National Safety Council, an American worker is injured on the job every seven seconds. From carpal tunnel syndrome to severe falls, no workplace injury should be taken lightly. 

While all fields of work pose some on-the-job injury hazard, construction workers face the largest risk of injury. Fortunately, issues that result from workplace injuries can be paid for with workers’ compensation. Through workers’ comp benefits, you can cover expensive medical bills, make up for lost work, and give yourself the time you need to heal both emotionally and physically. If you suffer an injury while working, it is important to contact a workers’ comp attorney as soon as possible.