Workers comp claim form

What to Do When You're Hurt at Work

If you are injured as a result of performing your job, you are entitled to workers’ compensation benefits from your employer’s workers' compensation insurance company. The benefits include medical treatment, lost wages, financial compensation if you have a permanent injury, disfigurement compensation if you have a scar and mileage reimbursement to and from medical appointments. Workers' compensation is specifically put in place to protect employees when they are injured on the job.

The workers’ compensation insurance company is responsible for paying your lost wages if you are restricted from returning to work while you recover. Lost wage benefits are paid out at 2/3 of the average weekly wage you earned prior to the injury.

While the insurance company for the employer gets to choose which physician you will need to see, you can request to see a different doctor but it’s best to make this request within 90 days of your injury. The employer still gets to choose the second physician so it may not make a big difference but at least the option is there.

To keep costs down, insurance companies often use doctors who will limit your medical treatment and cut off you off before you get all the treatment you need. This is one area where Ed Smith can help.  

Another area Ed Smith can help is with recovering money for your injury. If you have a permanent injury after you have completed all your medical treatment, you will be entitled to Permanent Partial Disability benefits or “PPD” benefits. This is based on an evaluation done by the workers’ compensation doctor. If the work comp doctor feels you do not have a permanent injury but you feel you do, you can request a Division Independent Medical Examination through Colorado’s Division of Workers’ Compensation. You can also use this process to dispute the impairment rating given by the work comp doctor and/or whether you need further medical treatment. This happens when the work comp doctor says you’re done with medical treatment and you feel you need more to fully recover.

Is Your Insurance Company Acting in Bad Faith?

If you are injured on the job, there’s always a chance the insurance company will act in bad faith and attempt to underpay you, delay your payment, or try to prove that your illness or injury is unrelated to your job. If this happens to you, you’ll need a lawyer who will fight aggressively on your behalf to get you the payment you deserve.

Attorney Ed Smith Can Help

If you feel like your employer or the insurance company has not treated you fairly involving the workers' compensation that you deserve, contact Ed Smith, who has offices in both Longmont and Boulder, Colorado for a free immediate evaluation.