It can happen to anyone. You are going to work like any other day and when you get there you fall and sustain injuries. It wasn’t your fault that you fell, but now you have to seek medical attention for your injuries. If your injuries are severe enough, you may not be able to continue to work for some time. How can you pay your bills and get the treatment you need to recover while you are out of work?
Worker’s compensation can help. In Colorado, workers’ compensation follows a “no-fault” system that allows you to file for benefits as long as your injuries occurred at work. No-fault means just as it sounds. The fault does not need to be determined. Whoever is at fault does not impact the ability to file a claim and obtain these benefits. The sticking points are the location and time. The hardest part about a workers’ compensation claim in Colorado is proving that you were injured at work from work-related activities.
Some standards must take place to pursue a successful claim. These include:
The legal terminology of “course and scope” relates to the physical location of the injury. It also relates to the timing of an injury. If an injury happens immediately, like a broken bone, for instance, this would qualify for timing. However, if you sustain an injury from repetitive motion at work, such as tendinitis, workers’ compensation doesn’t apply.
The legal terminology “arises out of” means the actual activity that you engaged in on the job which caused the injury. An example would be if you were working in a factory and a piece of equipment broke down while you were using it to perform your job. The machinery caused you to lose a finger as a result of the malfunction. The aftermath of the broken equipment wasn’t just its inability to properly function, but the injuries it caused you. These injuries would arise out of your work and as a result, be a solid reason to pursue your benefits through your employer’s workers’ compensation insurance.
Because these standards are so specific, details matter. These standards are also open to interpretation based on the description of the incident. If you are walking from one part of your employer’s building to the other and during your walk you injury your ankle you may think you have a viable workers’ compensation claim. Unfortunately, depending on the circumstances that led to the injury, you most likely will not. Simply walking at work and obtaining an injury isn’t something that a court will uphold and count as eligible for workers’ compensation. This is because walking is something that you do and it isn’t a work-related activity that arises out of your job. Now, if you tripped over a hazard that was present due to poor maintenance by your employer, and then you had the ankle injury, you would have a much stronger case.
Defining feasible workers’ compensation claims can be complex. A qualified and experienced Colorado worker accident attorney at Injury Victim Law can review your claim and provide you feedback on its strength. You want to make sure that you chose the right attorney to represent your best interests, one that has decades of experience working with workers’ compensation cases. The lawyers at Injury Victim Law have provided legal representation and guidance to many victims of workplace injury accidents over the years and we know how to put together a strong claim for the most benefits.
If you fall in the parking lot of the establishment you are employed by and you are injured, do you have a valid workers’ compensation claim? The devil is in the details. In Colorado, more so than not, courts commonly allow injuries that are sustained in the parking lot at work to be covered by workers’ compensation insurance held through your employer.
Upon arrival or at departure from your workday, if you fall and are injured in the parking lot you can file for workers’ compensation benefits. So how do you move forward after an injury at work? After any workplace injury, even a fall in the parking lot, you should report the details of your incident immediately. When you file your personal injury claim, you can pursue damages that include medical benefits, lost wages, or additional restitution if there was permanent impairment including disfigurement. Permanent damages can also be for vision or hearing loss.
To best protect your interests as you work through the workers’ compensation claims process, getting in contact with a personal injury lawyer is highly advised. These professionals can review your case, gather the information that is necessary to build a strong claim, guide you on the documentation you need, what you should do and say after your injury, and on all aspects of the process. An experienced legal professional will also answer all of your questions so you know exactly what is happening and what to expect.
No one wants to head to work in the morning and end up with an injury. Rehabilitating and recovering from injuries is time-intensive, overwhelming, painful, and just plain difficult. If your workplace is dangerous and not well-maintained, you deserve to obtain the benefits associated with workers’ compensation.
Don’t wait to call the resourceful and aggressive attorneys at Injury Victim Law today for help with your workplace accident case. Time is critical when you are pursuing your benefits. If you wait too long your ability to obtain compensation could be significantly impacted or eliminated. Our team of Colorado workers compensation lawyers can be reached at (800)-245-2774. We are here to help protect your rights and help you see your full legal justice. One of our experienced and highly talented attorneys will discuss your case with you during a free consultation.