The Worker's Compensation system is created entirely by state statutes. The idea of Worker's Compensation is to provide benefits to injured workers regardless of whether anyone was at fault for the injury. You do not get more money if your employer is at fault, or, conversely, less if there was no fault involved.

Basically, if you are hurt at work and you cannot work, you are entitled to benefits equaling 2/3 your average weekly wage. You are also entitled to your reasonable and necessary medical expenses being paid. When you reach what is called maximum medical improvement, or a point where medical care is no longer improving your condition, you receive a disability rating, which translates into a sum of money. Often, to receive additional monies, claimants will enter into Full and Final Settlements, which forever cuts off the worker's compensation insurer's liability.

Many worker's compensation claims are handled appropriately and do not require a lawyer. However, numerous issues can arise, such as:

  • A denial that the injury occurred at work,
  • A dispute over a layoff after an injury,
  • The propriety of the disability rating,
  • The accuracy of the average weekly wage claimed by employer,
  • Whether the determination of maximum medical improvement is correct, etc.

It is best to consult a lawyer if you question whether your rights are being upheld.

You should also be aware that sometimes there are third party claims you can pursue, even if you got hurt at work. For example, if you drive for your job, and you get in a collision that is the other driver's fault, you can accept worker's compensation benefits and also make a claim against the driver, or waive your worker’s compensation benefits and make a third party claim only. The advice of an experienced lawyer is very important in these situations.

Most workers’ compensation matters can be handled on a contingency basis, with a maximum fee of 20%. At the Law Office of Jeffrey L. Skovron, P.C., your first consultation on worker's compensation matters is always without charge.

The State of Colorado maintains a website which can answer many of your questions. It is located at http://www.coworkforce.com/DWC/

Please contact the Law Office of Jeffrey L. Skovron, P.C. if you have questions about your Workers Compensation claim