What to do if You’re Hurt or Become Sick on the Job
Many people don’t know what to do when they are injured on the job or become seriously ill on the job. Depending on the type of injury or illness, you may be entitled to receive worker’s compensation benefits. In order to get the most benefits from your illness or injury, it is important you follow the proper steps in the worker’s compensation process.
Tell Your Employer
In rough economic times like the ones we are experiencing right now, many people don’t want to file for worker’s compensation in fear of losing their job and livelihood. This is a misconception that could cost you dearly in the long run. The first thing you need to do when you are hurt on the job or become sick because of your job is to notify your employer in writing within four days. Your employer will then arrange for you to see a medical doctor for care.
If your injury or illness is an emergency, you should seek care at the closest facility possible and notify your employer immediately in writing. It is important that you notify your employer in writing. In Colorado, you can be penalized the loss of one day of worker’s compensation benefits per day you delay submitting written documentation of your injury to your employer. Make sure you are thorough with the description of your injury so that there are no questions about your injury and how it occurred.
Go to the Doctor
The next step in the worker’s compensation process is seeing a doctor approved by your employer’s worker’s compensation insurance company. Seeing an approved doctor will ensure that you receive the proper diagnosis for your injuries. This will help to minimize the risk of not receiving proper care for a long-term issue that may not have been apparent at the time of your injury. This is especially true in cases involving a traumatic brain injury. But more importantly, an approved doctor’s diagnosis is often necessary to receive the maximum amount of money in a worker’s compensation case and is the basis for many benefits available under the worker’s compensation system. Insurance companies won’t grant maximum money to those who don’t receive care from an approved doctor. In the event that you see a non-approved doctor, your insurance company may want you to receive a second opinion from an approved doctor of their choosing.
File the Claim
Your employer must file your worker’s compensation claim with 10 days under Colorado law. The insurance company then has 20 days to approve or reject this claim from your employer. At this point, the insurance company will begin requesting the rest of the information about your claim in order to move the process forward.
Talk to a Qualified Attorney
The worker’s compensation process is rarely simple. The process of worker’s compensation is confusing and those who don’t have a working knowledge of the worker’s compensation process can end up being taken advantage of by the insurance company. If you or a loved one was injured or became seriously ill on the job, contact the Colorado Springs worker’s compensation attorneys at Jaray & Webster today. They know the worker’s compensation system and will make sure you get fair compensation for your injuries.
Medical Benefits should be paid by your employer's insurance company. The employer has the right to select the doctor who will treat you, if this is done as soon as you report your injury. You need to file a written report of your injury within four days after you are hurt. Medical benefits will be paid until you reach maximum medical improvement (MMI), as determined by your doctor. They can also continue beyond MMI if the doctor indicates in writing that you will need care to maintain your condition.
Lost Wages are paid through either temporary total (TTD) or temporary partial disability (TPD) payments. They will be paid if your doctor restricts you from working for more than three consecutive days. They may also be paid if your doctor gives you written physical restrictions and your company has no work for you within those restrictions. Temporary disability benefits are paid at 2/3 of your average weekly wage.