Shortly after taking office in January, President Joe Biden signed a series of executive orders that addressed COVID-19 worker protections. According to information provided on the Occupational Safety and Health Administration (OSHA) website, the protocols outlined in the executive orders are currently just guidelines; however, it is anticipated that these guidelines will soon become enforceable, thus affecting Colorado employers.

One of the directives given by President Biden to OSHA was to come up with the COVID-19 guidelines and another was to possibly implement emergency temporary standards to address the hazards that workers face in the workplace if needed. If these guidelines become standards, they will then be enforceable. The deadline set in the executive order to make these changes is March 15, 2021.

Colorado employers are required by law to have workers’ compensation insurance, which covers medical expenses and lost wages for employees who are injured on the job. However, not every employee who files a workers’ comp claim receives the compensation they are requesting. If you have suffered a work-related injury and your claim is denied, an attorney can help you take the steps to dispute the outcome and get the compensation you need and deserve.

Why Was My Workers’ Compensation Claim Denied?

A claim for workers’ compensation can be denied for a few different reasons, some of which include:

In Colorado, workers’ compensation benefits may be available to anyone who has suffered an injury on the job or in the course of their employment. In many cases, workplace injuries happen because of physical trauma, but this is not the only situation in which you can pursue compensation. You also may be entitled to benefits if you have suffered injuries or negative effects on your health due to immediate or prolonged exposure to a hazardous chemical.

Common Hazardous Chemicals in the Workplace

Depending on your occupation and the industry in which you work, you may be exposed to any number of dangerous chemicals on a regular basis. Some of the most common hazardous substances encountered at work include:

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. 

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. 

People work in order to support themselves and their families. That is why if you are hurt and cannot perform your job, there is a cause for concern. The good news is, if you are injured while at work, you may be eligible for workers' compensation benefits to compensate you for your lost wages and medical bills. If you were hurt at work, you may wonder if you are entitled to benefits, depending on the type of injury. You may also not know how to initiate the process. Here are some answers to frequently asked questions by those who are considering filing for workers' compensation.   

What Is Workers’ Compensation? 

Most employers throughout the United States are required to carry workers’ compensation insurance that provides coverage in the unfortunate event an employee gets hurt while at work. In these cases, workers' compensation insurance will pay for the full costs of any necessary medical treatment. If an employee cannot return to work due to an injury he or she sustained while on the job, then workers’ comp will pay a percentage of his or her lost wages. In Colorado, some classes of employees, such as real estate agents and federal employees, are not eligible for workers’ compensation benefits. 

A head injury can be one of the most dangerous and life-altering situations a person can face on the job. In regard to the workplace, most head injuries are the result of a fall. It is more common for physical laborers, such as construction workers, to suffer a fall as a result of working conditions, but it is possible for an office worker to fall and receive a head injury, too. Regardless of the circumstances, a traumatic brain injury can be devastating. If you sustain head trauma at work, you may be entitled to benefits for medical expenses or lost wages. 

Symptoms of Head Injuries

After falling and hitting your head, it is recommended you seek medical attention immediately. This is especially important to ensure that you receive workers’ compensation. A doctor will be able to verify the severity of your injury to report to your employer and workers’ compensation representative. This will allow you to be eligible for benefits such as compensation for medical expenses and lost wages. Head injuries are also not always apparent right after a fall or accident. If the following symptoms appear after you fall, be sure to visit a doctor:

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 studies conducted by the U.S. Bureau of Labor Statistics, approximately 2.8 million American workers were injured on the job in 2017. For employees in the oil and gas industry, injury risks are constantly present. From working on oil rigs to transferring hazardous materials, fossil fuel workers are among the most commonly injured in the U.S. Unfortunately, many oil and gas companies aggressively fight against compensation for employees who suffer on-the-job injuries.

Common Oil and Gas Industry Injuries 

Working in the oil and gas industry comes with greater risks than most occupations. From oil rig fires and explosions to platform construction accidents, workers face a heightened risk of injury on a daily basis. Many oil and gas workers are tasked with driving potentially explosive cargo on their site and to other work sites. More than 300 fossil fuel workers have died in transportation accidents over the past decade. 

Oil and gas companies use heavy equipment in their day-to-day operations. The use of equipment such as derricks and drillers can result in serious injuries. Other workers face long-term medical complications due to exposure to noxious chemicals. Chemical exposure has been linked to leukemia, brain trauma, and paralysis.