Colorado Workers’ Compensation Attorney

Explanation of Deadlines, Eligibility, and How The Process Works

Video Transcript:

Brian MacKenzie:

A lot of people think, “Well, I don't want to hire a lawyer because they're going to take some of my benefits.” But there are many, many claims that can rise out of, say, for example, a workers’ compensation injury.

Rob Rosenthal:

If you're hurt while on the job in Colorado, do you know how to get your workers’ compensation? Well, that's what we're going to find out today when we ask the lawyer.

Hi, again, everybody, I'm Rob Rosenthal with askthelawyers.com, and my guest today is Denver attorney Brian Mackenzie. Brian, thank you for making some time to answer our questions today.

Brian MacKenzie:

Thank you very much for having me, Rob.

Rob Rosenthal:

So, we have a Colorado employee, they’re hurt on the job. Just take us through quickly what that workers’ comp process is like. What do they have to do?

Brian MacKenzie:

Well, initially, it's important that the employee reports the on-the-job injury immediately. They need to notify the employer, let him know what happened. Second, they need to seek medical treatment; if your employer does not give you a list of doctors to go see, you can choose your own doctor, but most importantly, do not delay in seeking medical treatment. And then finally, you should call and consult a lawyer.

We can help with obtaining various benefits. The workers’ compensation system is somewhat complicated, and you're better off at least talking to a lawyer to be advised as to what your rights are and what you need to do to protect yourself and protect your family.

Rob Rosenthal:

I think some people may decide, “Well, I'll get a lawyer involved, maybe if my request is denied.” But you're saying get somebody involved from the very beginning.

Brian MacKenzie:

Absolutely.

Rob Rosenthal:

And how do I know if I'm eligible to get workers’ compensation? And what is the timeline for that?

Brian MacKenzie:

Well, first and foremost, if you're in what we call “the course and scope of employment”, you are eligible for workers’ compensation benefits. Now, what that means depends on the circumstances. For example, if you're driving to work and you get injured, you're not necessarily in the course and scope of employment.

In terms of the timeline, there's a two-year statute of limitations for workers’ compensation claims with certain exceptions that statute can be extended to three years. However, I recommend you file the claim as soon as possible. Do not wait one year and 11 months to file. You need to file a claim right away. When you know you're hurt on the job, you contact the employer, seek medical treatment and file that claim.

Rob Rosenthal:

Are there some types of businesses in Colorado that don't have to offer workers’ comp?

Brian MacKenzie:

No, there really are not. Now, there are certain exceptions; if you're an independent contractor, for example, you're probably not going to be covered under workers’ comp. You have to be considered an employee, but the law requires that employers carry workers’ compensation insurance for their employees.

Rob Rosenthal:

What sort of things are covered, generally, under workers’ comp?

Brian MacKenzie:

Well, there are quite a few things that are covered, but generally there are four types of benefits, wage loss benefits beyond your medical. The first category is what we call temporary partial disability benefits, and that would be if you get hurt on the job and you can't work a full 40-hour week. So you're only working 20 hours; you can get your differential, we call it, or 20 hours that you're missing, you can be reimbursed for that.
Then there's something called temporary total disability, and that is when you're hurt on the job and you cannot work at all; the employer is responsible for paying two-thirds of your average weekly wage. The other two categories are what are called permanent partial disability benefits, and those are wage benefits that you would receive after you obtain something called MMI or maximum medical improvement. Then finally, the last category is permanent total disability benefits, and those are benefits that you are paid two-thirds of your average weekly wage for the remainder of your life if you are completely unable to return to work.

Rob Rosenthal:

Could workers have other options over and above workers’ comp sometimes?

Brian MacKenzie:

Absolutely. For example, if you are working for a company, you're in the course and scope of employment and you are involved in a motor vehicle collision that is not your fault, you have a claim against the other driver at a minimum above and beyond your workers’ compensation benefits. Or if you're making a delivery and you suffer an injury on the premises due to the land owner’s fault or negligence, you can present that claim as well, and that is separate from your workers’ compensation claim.

Rob Rosenthal:

Are these what are known as third-party claims?

Brian MacKenzie:

Yes, these are considered third-party claims, and these types of claims vary. Again, I recommend highly that you consult a lawyer because these can become rather complex.

Rob Rosenthal:

What sort of things can a lawyer help me with? What sort of help do they offer beyond if I think, “Oh, I can handle that myself.”

Brian MacKenzie:

Well, and I hear this often, a lot of people think, “Well, I don't want to hire a lawyer because they're going to take some of my benefits.” But there are many, many claims that can rise out of, say, for example, a workers’ compensation injury that people aren't aware of. There’s, as we've talked about, the motor vehicle claim or the premises claim; there's potential bad faith claims if the insurance company does not do what they're required to do under the law. So there are quite a few different options, and it's best to at least consult a lawyer about what your rights are.

Rob Rosenthal:

What about that initial consultation? Is there a charge for that initial consultation, Brian?

Brian MacKenzie:

There is absolutely no charge for any initial consultation.

Rob Rosenthal:

Great. Thank you so much for answering our questions. Very helpful info as usual.

Brian MacKenzie:

Thank you very much, Rob.

Rob Rosenthal:

That's going to do it for this episode of Ask the Lawyer. My guest has been Denver attorney Brian MacKenzie. If you'd like more information or you'd like to make sure you can choose a lawyer that lawyers choose, be sure to go to askthelawyers.com. Also please take a second to subscribe by clicking down below. Thanks for watching, everybody. I'm Rob Rosenthal with AskTheLawyers™.

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