How to File a Work Injury Claim in Denver

If you have been injured while on the job in Denver, Colorado, it is important to know the steps under Compensation Laws for filing a work injury claim. Filing an injury claim can help you access compensation and resources that will assist with your recovery and return to work.

Contact a Denver workers comp attorney with DCAL to discuss filing a work injury claim. Call us at (720) 770-5454 to schedule a free consultation.

What is the Workers' Compensation Claims Process?

The Workers’ Compensation Claims process is the legal process that an employee must go through to receive compensation for work-related injuries or illness. In Denver, the process begins with the injured worker filing a claim with the Colorado Division of Workers’ Compensation. The claim must include detailed information about the injury, including documentation such as medical records and reports from the employer.

Once a claim is filed, the Division of Workers’ Compensation will investigate the workplace accident claim and determine if the injury is work-related.

a workers compensation form and a pen on a desk

If the injury is determined to be a result of work, the injured worker may be eligible for medical treatment and/or compensation for lost wages and medical expenses.

The workers’ compensation system in Colorado is a “no-fault” system, meaning that an injured employee does not have to prove that their employer was negligent to receive compensation.

However, certain requirements must be met for a claim to be successful, such as filing the claim within two years of the injury and having medical evidence to support the claim.

What Should I Do After an Accident at Work?

If you have been injured in an accident at work, it is important to take the following steps:

  1. Seek medical attention right away. Even if your job injuries seem minor, it is important to get checked out by a doctor as soon as possible. This will ensure that any potential injuries are addressed and treated properly. Make sure to keep all of your documentation from medical visits to your medical provider such as medical records and medical bills as this may be needed to support your claim.
  2. Report the injury to your employer as soon as possible. The sooner you report the injury, the sooner you can start the personal injury claims process and receive medical care and compensation.
  3. Document everything related to the injury in writing. Including any witness statements or photographs of the scene of the accident. This information will be important for validation purposes for your claim.
  4. File a claim with the Colorado Division of Workers’ Compensation. This can be done by submitting an Employer’s First Report of Injury or Illness (FROI) to the division. The FROI should include information about your injury and any doctor visits you have had related to the injury.
  5. Participate in all required hearings or meetings regarding your claim. It is important to attend all required hearings or meetings associated with the claims process, as this will ensure that your case is handled properly.

What is the Employer's Responsibility When a Worker is Injured?

When a worker is injured on the job, the employer's responsibility is to ensure that the employee receives medical treatment for their injury. Employers must also provide workers with information about how to file a work injury claim and contact information for relevant government agencies such as the Workers' Compensation Division of Colorado. Employers need to follow state and federal laws to protect their employees and mitigate any potential financial losses due to workplace injuries.

Types of Benefits Under Workers' Compensation

Workers' compensation is a form of compensation insurance that provides wage replacement and medical benefits to employees who are injured while working. In Denver, the state workers' compensation board, Division of Workers’ Compensation (DOWC), administers workers' compensation claims to ensure that injured workers receive timely and appropriate medical care and other financial benefits.

Permanent Total Disability (PTD)

Workers in Denver who are permanently disabled due to a work-related injury or illness may be eligible for compensation through the Colorado Workers' Compensation system. Examples of fatal workplace injuries include traumatic brain injury, neck injury, permanent impairment, serious eye injuries, carpal tunnel, and permanent brain injury.

To file a devastating injuries claim, employees need to complete and submit the Permanent Total Disability Application form.

Permanent Partial Disability (PPD)

Permanent Partial Disability (PPD) is an award or settlement given to an injured worker who has experienced a permanent loss of physical ability due to a work-related injury. This type of disability may be the result of either a single accident or from the cumulative effects of multiple accidents or conditions over time.

FAQ: How Much Does a Personal Injury Lawyer Cost?

For an injured worker to be eligible for PPD benefits, they must be able to demonstrate a permanent partial disability as determined by a doctor.

Temporary Partial Disability (TPD)

Temporary Partial Disability (TPD) is a necessary part of the work injury claim process in Denver. It provides partial wage replacement for employees who suffer fatal injuries on the job and can't perform all their duties.

If you're injured while working in Denver, you might be eligible for TPD benefits. To qualify, you must show that a catastrophic injury at work has caused a loss of earning capacity and provide documentation of your disability and related doctor visits.

Temporary Total Disability (TTD)

Temporary Total Disability (TTD) is a type of workers' compensation benefit that covers an employee who has suffered an injury or illness on the job and needs time away from work for medical treatment. In Denver, Colorado, employees are eligible to file a TTD claim if they have been injured at work and their doctor has authorized them to be absent from work while they recover.

To file for Temporary Total Disability (TTD) benefits, employees must complete the TTD application form and submit it to the Division of Workers’ Compensation. Along with the completed form, they must also provide proof of their injury such as medical records or a doctor's note.

Was Your Claim Denied?

If your work injury claim has been denied by the insurance company, it’s important to know what steps to take next. Depending on the type of claim you filed in Denver, there are a few different options for appealing the decision and getting the compensation coverage that you deserve.

a man with an arm cast filling out a work injury report

The Colorado Workers’ Compensation Act outlines several procedures for appealing a denied claim, including mediation and a hearing before an administrative law judge. It is important to note that the appeal process must be started within a certain amount of time, so it’s important to act quickly and seek legal advice from an experienced comp attorney as soon as possible after receiving a denial.

How Can an Attorney Help Me With Workers' Compensation?

At DCAL, we understand the complexities of filing for workers’ compensation and can help guide you through the entire process. Our injury lawyers in Denver will review your case to ensure that all necessary documentation is in place and that all legal requirements have been met.

We will also make sure that any deadlines required by the compensation insurance company are met and that you receive all benefits to which you are entitled under Colorado law. Contact our firm for your initial consultation today!

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