Are All Employers Required To Carry Workers’ Compensation Insurance?
In the state of Colorado, all employers are required by law to carry Workers’ Compensation insurance, even an employer who has only one part-time employee. All sectors are covered, and an injury is work-related as long as an individual is an employee working in the course and scope of their employment.
Who Is Held Liable For A Workers’ Compensation Case Or Claim?
In a Workers’ Compensation case, the responsible party is the employer and the employer’s Workers’ Compensation insurance carrier. The employer will take the claim and report the claim to its insurance carrier. Under certain circumstances, the insurance carrier is required to report that injury to the Division of Workers’ Compensation in the State of Colorado.
How Do I Know If I Have A Valid Workers’ Compensation Claim And Should Proceed With It?
A person should report their Workers’ Compensation claim as soon as possible. A lot of times, people make the mistake of thinking that they are not sure whether they have a Workers’ Compensation claim because they think that their injury will get better. Insurance carriers will often use a delay in reporting to allege that you are not entitled to the benefits of the Workers’ Compensation Act.
Does A Worker Have To Be Injured At Their Physical Place Of Employment To Qualify For Workers’ Compensation?
A worker does not have to be injured at their physical location of employment in order to be entitled to Workers’ Compensation benefits. There are a lot of people who work out on the road, like delivery drivers. There are a lot of employees who travel for work. If they are travelling and they are injured while they are traveling, they are certainly entitled to Workers’ Compensation benefits.
Are Repetitive Stress Injuries In The Workplace Covered By Workers’ Compensation?
When you talk about stress injuries, there are two different things it brings to mind. Psychological stress is different than a repetitive use injury, which sometimes is referred to as a repetitive stress injury. The physical one is the easy one to talk about. When you are in a position where you are doing repetitive motions and that repetitive motion contributes to an injury to the body, you are entitled to coverage under the Workers’ Compensation Act. On the other hand, a psychological stress claim may or may not be covered, depending on the source of the psychological distress.
Are Repetitive Use Injury Cases More Difficult To Prove For Your Client?
Repetitive use injuries can be very difficult to prove. That doesn’t mean that you should not pursue your claim, it just means that there is a different standard and different evidence necessary to prove a repetitive injury claim. Frequently, with a repetitive injury claim, an employer is going to assert that you have a pre-existing condition causing the need for treatment. Also, there are medical treatment guidelines in Colorado and part of the medical treatment guidelines address the issue of causation. Causation is “what caused your repetitive use injury.” The guidelines can be very strict when you have something like carpal tunnel. It’s a lot harder to prove those cases under the causation guidelines. Again, it doesn’t mean you shouldn’t pursue your claim. It means that we have some extra hurdles that need to be addressed.
How Important Is Past Medical History In A Workers’ Compensation Claim?
Unrelated past injuries or treatments can be an issue. Insurance carriers love to say that the knee injury you had 25 years ago is the current cause of your knee problems. It’s important that you have an attorney who understands that prior medical treatment may be used by the insurance company, and while the issue needs to be addressed, prior medical treatment to a body part that is now work-injured doesn’t prevent you from having a new work comp case.
When you have an injury previously and then you re-injure that particular body part while you are working on the job, that is considered an aggravation of a pre-existing condition and that is covered by the Workers’ Compensation Act. Insurance carriers will try to say it’s your prior injury that is the cause of your problems, not the aggravation. Either way, prior medical history needs to be addressed.
For more information on Workers’ Compensation Insurance For Employers, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 900-7274 today.
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