What to do After a Workplace Injury

Experiencing a workplace injury can be unexpected and overwhelming. Knowing the necessary actions to take in such a situation is crucial for safeguarding your future. In this article, we will discuss the five important steps to follow after a workplace injury in Denver, Colorado, ensuring you are well-prepared and informed.

1. Report Your Injury Immediately

To initiate the financial recovery process, promptly reporting your injury is essential. In Colorado, workers’ compensation regulations require injured workers to provide written notice to their employer within four days. Failing to meet this deadline, when specified by an employer’s posted notice, can result in the loss of benefits. Report your workplace injury to your supervisor or manager as soon as possible and request the preparation of an official accident report.

2. Seek Immediate Medical Care

Obtaining immediate medical care is crucial for both your well-being and potential workers’ compensation insurance benefits. In Colorado, your employer typically has the right to choose the healthcare provider you must consult. However, if your employer fails to make this selection, you retain the right to choose a qualified doctor of your own. In case of emergencies, you can visit the nearest hospital or emergency room. Ensure you inform your doctor about the details of the workplace incident leading to your injury.

3. Comply with the Claims Filing Process

If your employer has workers’ compensation insurance and you are a covered employee (not an independent contractor), you can file a claim for financial benefits. Colorado law mandates all employers with one or more employees to carry workers’ comp insurance.

The state’s workers’ compensation system generally covers most employees and workplace injuries, provided there is evidence that the injury occurred during the performance of occupational tasks or activities. However, an employee may be ineligible for coverage if their own actions caused the injuries or if they violated any laws or workplace rules.

Your employer is responsible for submitting your workers’ compensation insurance claim within ten days of receiving your written notice. Cooperate fully during the claims filing process by providing your employer with all relevant accident and injury information.

4. Await a Response from the Insurer

Upon receiving your workers’ compensation claim, the insurance company must review the case within 20 days and either approve or reject the benefits. If additional time is required, the insurer must inform you of the extension, providing a valid reason. In the event of claim acceptance, you will receive a settlement offer. If your claim is denied, you will receive a “Notice of Contest” along with an explanation for the rejection.

5. Consult a Workers’ Compensation Lawyer in Denver, CO

Certain circumstances may warrant filing a personal injury lawsuit in addition to or instead of a workers’ compensation claim after a workplace injury in Colorado. For instance, if a party other than your employer is at fault, such as a product manufacturer for a defective product, pursuing a lawsuit could potentially result in higher financial compensation. Similarly, if an insurance company refuses to offer fair compensation or denies your workers’ comp claim, seeking legal recourse is advisable.

Seek the guidance of a workers’ compensation attorney in Denver following a workplace injury. An experienced lawyer can assess your case, explore all available legal options, and help you pursue the course of action most likely to secure maximum financial compensation.

Conclusion

Knowing the necessary steps to take after a workplace injury is vital for protecting your future. By promptly reporting the injury, seeking immediate medical attention, complying with the claims filing process, awaiting a response from the insurer, and consulting a workers’ compensation lawyer when needed, you can ensure your rights are upheld and maximize your chances of receiving appropriate compensation. Remember, taking swift and informed action can make a significant difference in your recovery and future well-being.