Helping You Navigate The No-Fault Workers’ Compensation System
Workers’ compensation in Colorado is a no-fault system, meaning it doesn’t matter who is to blame for the accident. You can be injured because of the carelessness of a fellow employee, your boss, or even through your own fault. In some cases, accidents simply happen, and no one is to blame.
If you have questions about how your case is being handled, about a reduction in benefits, or about your rights as an injured worker, contact a Denver no-fault work injury attorney.
Regardless Of Fault, An Injured Worker Is Entitled To Workers’ Comp Benefits
The downside to this, however, is that benefits do not increase if your boss or a co-worker is to blame. In addition, you can’t sue your employer for personal injuries when you are injured on the job through your employer’s fault or the fault of a fellow employee. You are only entitled to workers’ compensation benefits, unless you can show that a third party was responsible for your injuries.
In Some Cases, Benefits Are Reduced Or The Worker Is Terminated
Unfortunately, your benefits can be reduced if your injury was the result of your knowingly violating a safety rule. Insurance companies can reduce wage loss benefits and permanent impairment benefits by 50 percent for safety rule violations. Frequently, this reduction in benefits takes place without a hearing. A reduction will force an injured worker to file an application for hearing in an effort to regain full benefits. If this happens to you, you should be represented by an experienced workers’ comp attorney.
If illegal drugs or alcohol is found in an injured worker’s blood or urine test, and the injury is shown to be a result of a worker’s intoxication, the worker can also lose 50 percent of the same benefits. Even if the drugs are prescribed by a doctor, the insurance carrier can still take the offset and force the injured worker to court to prove that he or she was taking the medication legally.
If an injured worker is to blame, the insurance carrier is not obligated to pay lost wages. Frequently, an employer may look for reasons to terminate an injured worker so that there is no obligation to pay these benefits. If you are injured on the job and return to work with restrictions, please be very careful and don’t give your employer an excuse to terminate you. If that happens, you would be forced to go to a hearing to prove that your termination was unjustified. Before you go to a hearing, it is a good idea to contact a lawyer for a free consultation.
Protect Your Rights · Contact A Boulder County Work Accident Negligence Lawyer
Call the Eley Law Firm in Denver today at 303-785-2828 for a free case evaluation from a no-fault work injury attorney. You may also fill out the email form on the Contact page, and a work injury lawyer will be in touch with you shortly. We look forward to hearing from you and helping with your workers’ comp case.