Eley Law Firm
Specializing in
Workers' Compensation
720-644-8759 | 866-371-3322
Protecting the Rights of Injured Workers

Colorado Workers' Compensation Law Blog

Ways some employers may avoid paying for workers' compensation

Workers' compensation is a benefit that is covered by an employers' insurance. It is the right of employees here in Colorado, and all across the nation, to file for workers' compensation when they are injured while doing their job. However, just because their insurance should cover the costs, some unscrupulous employers still attempt to avoid using it. There are many ways that employees can protect themselves. The following are a few tips that may help them do just that.

The most obvious way that an employer will avoid using workman's comp is by forcing an employee to return to work. They may say that the employee will not have to perform his or her regular duties, but the work could still exacerbate the injury. Similarly, they may offer to pay the employee's regular wages, which are more than they would receive through workers' compensation, but the employee will not be eligible for coverage of future medial treatment, nor protect the employee from termination. The worker may be threatened with firing or delay the entire process until the employee gives up the process. A dishonest employer may request that an employee use his or her own health insurance to cover the medial costs of the injury, but this will prevent the employee from filing for workman's comp in the future. 

Medical benefits are part of injured Colorado workers' rights

When an employee is injured on the job, he or she may have need of medical treatment. It may be difficult for the employee to manage this treatment for many reasons that involve the employer, the employer's insurance company and even the medical professionals charged with the employee's care. At The Eley Law Firm in Denver, we strive to help Colorado employees understand the provisions of medical benefits and how it ties in to injured workers' rights.

When a worker is injured, he or she is frequently assigned an authorized treating physician (ATP) who oversees the worker's care. This person is frequently appointed by the employer or the employer's insurance carrier. Due to this fact, the ATP might have a previously established relationship with either of those entities, which could result in the ATP siding with the employer or insurance company over the employee. The ATP may make decisions about the worker's care that are not necessarily in his or her best interest, but rather to the benefit of the entity that designated the ATP. The doctor could decide that the employee is ready for work or does not have any impairment when that is not the case.

Avalanche at Colorado ski resort could result in death benefits

Here in Colorado, people come from all over the world to vacation at ski resorts. The employees who work there likely do so because they enjoy the outdoors and the non-traditional work environment. However, like any workplace, there are still safety precautions that must be taken. In the past, we have discussed the prevalence of avalanches at several Colorado ski resorts. A recent avalanche that took the life of one worker at the Wolf Creek Ski area could necessitate the filing for death benefits by the worker's family.

According to the Occupational Safety and Health Administration, the ski area was training employees in avalanche safety. Patrollers were flown into an area about 15 miles away from the main resort. It is not known precisely what happened, but an avalanche took the life of a ski patrol member during the training exercise. OSHA has cited Wolf Creek with $14,000 worth of violations. OSHA reps say that the patrolmen were not provided with a way to contact base operations or first responders in an emergency.

Colorado avalanche victim's family may receive death benefits

Many people may consider the job of a ski patrol member as exciting even though it likely poses multiple on-the-job injury hazards. In addition to having to be an excellent skier, patrol members have to cope with the unpredictability of nature on a daily basis. After a tragic accident at a ski resort in Southwestern Colorado on March 4, the owners of the resort have been cited by the Occupational Safety and Health Administration. Moreover, death benefits are likely due the family of the worker killed in the fatal ski accident. 

On March 4, a helicopter took a team of patrollers for avalanche training to an area that was approximately 15 miles away from the ski resort. They were overwhelmed by an avalanche, and one patrol member died in the incident. OSHA investigations determined that the resort owners disregarded safety regulations by sending the workers into the area without proper evaluation of the potential avalanche risks.

Colorado workers' rights to workman's comp valid after a job loss

When a worker is injured on the job, he or she may decide to file for workers' compensation to cover the lost wages, medical bills and any other expenses incurred due to the injury. Sometimes, an employee may lose his or her job or be fired while recovering from injury. The worker may fear losing the money from the compensation claim, but workers' rights entail that they can still receive those benefits until they have recovered. At the Eley Law Firm in Denver, our team has handled numerous Colorado clients in this type of dilemma and understand what their rights are and their full range of options.

Workers may not realize that their employer may not hold their position for them while they recuperate from their injury, nor is the employer required to do so. There are some workers who can receive up to 12 weeks of leave, unpaid, and be able to return to their job, as is outlined under the Family and Medical Leave Act. However, some employers will compel their employees to utilize any paid leave they have as part of medical leave. Those who have trouble understanding these types of provisions may need assistance from an experienced work injury law firm.

Death benefits provide financial aid after fatal work accident

While industrial workers in Colorado likely recognize the potential dangers of their chosen profession, their families may be concerned about the safety of their loved ones whenever they are at work. Many industrial workers are the sole breadwinners for their families, and a workplace accident may lead to the loss of income. Although workers' compensation benefits may provide financial aid, families may be unsure of the availability of death benefits, and how to go about filing a claim.

The owners of industrial companies are expected to provide safe workplace surroundings and proper safety training to all their workers. When safety regulations are disregarded, workplace accidents may result in severe injuries, or even death. A worker at a scrap yard in Denver recently lost his life in a tragic workplace accident.

New OSHA regulations for reporting injured workers to be enacted

The Occupational Safety and Health Administration is designed to protect both employees and employers. OSHA creates and enforces workplace safety regulations that, if followed, can help minimize injuries or even fatalities on a job site. In the past, employers in Colorado and across the country were only required to report hospitalizations of injured workers to OSHA if the number of those workers was at least three. Now, with new rules on the horizon, officials are hopeful that they will be better able to pinpoint potential problems.

The new regulations are set to be enacted by the beginning of 2015. They now require employers to report any injured employee being sent to the hospital if that employee hurts him- or herself on the job. The report must be made within 24 hours. Also, there are now stricter requirements regarding what injuries must be reported, including amputations or losing an eye. Worker fatalities are still -- and always have been -- required to be reported by employers, but they now have eight hours to report such incidents. 

What disability options are used for injured workers in Colorado?

Employees who are injured on the job would find themselves facing financial difficulties if employers weren't required to help provide for them after an on-the-job injury. Injured workers may need to file for disability payments to provide for themselves and their families. Though many Colorado employees may be aware of this possibility, they may not know exactly what each option entails.

Temporary total disability is fairly simple to understand, as it means that an employee has been injured and is not able to work at all, but that the condition is not expected to last. Temporary partial disability can occur in many ways, such as when a worker returns to work before his or her condition is fully stable. It also occurs if the injured employee starts earning less than an average weekly wage or has a reduction in wages or hours because his or her job description has changed. Temporary disability in either case will cease if the employee starts working at his or her normal wage again, a doctor says he or she can return to their job, missing multiple medical checkups and for other reasons.

Injured Colorado workers may have rehabilitation rights

When employees are injured on the job, they may choose to file for workers' compensation. Work injury insurance is meant to cover numerous expenses that can result from an employee injuring him or herself, including medical bills and lost wages. One expense that it can cover, that Colorado employees may not even be aware of, is the cost of rehabilitation. Some employees cannot work at their former position due to the injury and have rehabilitation rights that would help them find new employment, either with their original company or somewhere else.

Vocational rehabilitation can help employees find new employment and even to apply for the job. It can also provide job training, education, tuition payment and offer several other services. What an employee is entitled to will be dependent on the scope of the employee's injury and personal circumstances. Employees are asked to cooperate if the services are provided and may even have their benefits reduced if they do not.

Accident at Kellogg plant could result in a work injury claim

When an accident happens in the workplace, a worker might file for compensation benefits. If this worker is a contractor, it can raise additional questions about which employer is required to provide and pay for the insurance policy. In Colorado, if an employee is contracted to a company, working on a third-party job site and is injured, generally the worker's direct employer's insurance policy would cover the work injury benefits. This could be the case in a recent accident at an out-of-state Kellogg plant.

Authorities say that the accident happened on a recent afternoon. Some equipment fell onto the legs of two employees, injuring them. They were rushed to a local hospital for treatment. One worker broke his leg and the other sustained serious injuries to both of his legs. Their names have not been released at this time.

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Eley Law Firm
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Denver, CO 80222

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