If you’ve suffered an injury, illness, or disease that is related to your job, you may be entitled to workers’ compensation benefits in Colorado. This includes situations where you have moved on to a new job. However, it can be more challenging to prove that a previous job caused your current condition, and obtaining fair benefits may be difficult. In this article, we will discuss how you can file a workers’ comp claim against a previous employer in Colorado.
Can You File a Workers’ Comp Claim Against Your Old Employer?
The short answer is yes, you can file a workers’ comp claim against an old employer in Colorado. Even if you never filed a claim or reported your injury while you were employed, Colorado law allows you to seek workers’ compensation benefits from a previous employer in certain situations. This is true regardless of the reason you left the employer, whether it be termination, layoff, or resignation. (You may have even been fired in retaliation for trying to file a workers’ comp claim. You can still file a claim for workers’ comp benefits.)
If you have discovered an injury or illness after leaving the job that gave you the condition, you could still be eligible for workers’ comp benefits. Workers’ comp covers all employees and ex-employees who suffer occupational injuries, illnesses, or mental health conditions related to the job. For example, a worker who is terminated shortly after suffering an injury or a worker who discovers a latent medical condition years after leaving a job may be eligible for workers’ comp benefits.
Proving that a bodily injury or illness is related to a previous occupation can be challenging, especially for ex-employees. However, the requirements for obtaining workers’ comp benefits remain the same. You will need to show that your previous occupation caused the injury or illness you are claiming.
How to Build a Strong Workers’ Comp Claim Against a Previous Employer
Building a strong workers’ comp claim against a previous employer can be difficult, as insurance companies are generally less willing to extend benefits to ex-employees. Nevertheless, taking the following steps can help you build the strongest possible claim:
- Report the accident or injury to your previous employer – even if you’ve already quit.
- Get professional medical care for your injury or illness right away.
- Gather statements from anyone who witnessed the accident.
- Search for a video of the accident by requesting copies of surveillance footage.
- Collect evidence and documentation supporting your claim, such as medical records and photographs.
It is also important to strengthen your claim by telling others about your injury and seeking medical treatment without delay. If you stay quiet about your injury or illness and don’t see a doctor, it can be extremely difficult to recover workers’ comp benefits from a previous employer. You should also act quickly, as deadlines imposed by Colorado law will apply to your case.
When to Contact a Lawyer
If you encounter challenges while trying to file a workers’ compensation claim against a previous employer in Colorado, it may be time to contact a workers’ compensation attorney in Denver. Your old employer may try to use the post-termination defense to argue that you are no longer covered as an ex-employee, or important forms of evidence may no longer be available. A lawyer can help you file the necessary paperwork and collect evidence to support your case, as well as navigate complications connected to your specific situation.
If you’ve suffered an injury, illness, or disease related to your previous job, you may be entitled to workers’ compensation benefits in Colorado. Even if you have moved on to a new job, you can still file a claim against a previous employer. However, proving that a previous job caused your current condition can be challenging. By taking the steps outlined in this article and seeking the help of a qualified workers’ compensation attorney, you can increase your chances of obtaining fair benefits for your occupational injury or illness. Contact our Denver law firm today to discuss your workers’ compensation claim against a prior employer.