Workers’ Compensation for Catastrophic Injuries in Colorado
Understand the different types of workers’ comp benefits available for catastrophic injuries in Colorado and how long they last
A catastrophic injury at work can quickly turn your life upside down, leaving you with serious medical challenges and uncertainty about returning to work. If you’ve been seriously injured on the job in Denver, it’s essential to fully understand your long-term health care needs and your future earning potential before accepting a workers’ comp settlement.
You want to make sure you’ll have the money you need to cover things like ongoing treatment, rehabilitation, and long-term expenses so you can continue to provide for yourself and your family. So, before agreeing to anything, talk with the team at The Babcock Law Firm.
Our experienced Denver workers’ compensation attorneys can walk you through the claims process and negotiate with insurers on your behalf to ensure you get the fair settlement and support you deserve.
What is a catastrophic work-related injury?
A catastrophic work-related injury is a severe and life-altering injury that significantly affects your ability to perform any type of work. These injuries typically involve major trauma to the body and can result in long-term or permanent disability.
Some common examples of catastrophic injuries include:
- Traumatic brain injuries (TBIs)
- Amputations of limbs
- Spinal cord injuries resulting in paralysis
- Severe burns
- Multiple fractures
- Internal bleeding and organ damage
- Blindness or significant loss of vision
- Loss of hearing
Sometimes, a catastrophic work injury becomes a fatality because of the extent of trauma inflicted on the body. Even if the individual initially survives the injury, complications such as infections, organ failure, or further medical issues can ultimately lead to death.
How do catastrophic injuries happen at work?
Catastrophic injuries can happen in almost any industry, but certain workers are at higher risk due to the nature of their jobs. Some accidents that commonly result in catastrophic work injuries include:
- Vehicle and machinery accidents. Truck drivers, warehouse workers, farmworkers, and delivery drivers who operate heavy machinery or frequently drive for work are at risk of fractures, amputations, crush injuries, spinal cord injuries, and even death due to vehicle collisions or malfunctions. According to the Bureau of Labor Statistics (BLS), transportation-related incidents were the leading cause of fatal work-related accidents from 2018 to 2022, making up 37.7% of all workplace deaths in 2022.
- Falls from heights and falling objects. Common in construction and landscaping professions, falling tools or materials and falls from ladders, scaffolding, or elevated platforms can result in traumatic brain injuries or paralysis.
- Explosions or chemical exposure. First responders, oil and gas workers, miners, and workers in chemical plants or industrial sites may suffer third-degree burns, respiratory damage, cancer, or other long-term injuries from toxic chemicals or explosions, especially when working in confined spaces or when necessary personal protective equipment (PPE) is not provided or used.
- Electrocutions. Electricians, utility workers, and those working near power lines or high-voltage equipment like roofers are at risk of burns or fatal electrocution.
Many of these injuries are preventable, but as a worker in Colorado, it’s important to understand that in the vast majority of cases, you’re entitled to workers’ compensation benefits after an injury at work, even if you made a mistake that led to the accident or injury.
What benefits can I get from workers’ comp for a catastrophic injury?
Most Colorado workers are eligible for workers’ compensation benefits if they’re classified as employees and not independent contractors. To be covered under workers’ comp after an injury, you just need to be able to prove that your injury was the direct result of your job or work environment. However, workers that are exempted, like certain independent contractors, may not be covered under workers’ comp.
For eligible employees, workers’ compensation benefits can help manage the financial and medical challenges that arise from a work-related injury. They include:
- Medical benefits. Workers’ comp will cover all necessary medical treatments related to your injury, including hospital stays, surgeries, rehabilitation, and medications.
- Wage replacement benefits. If your injury prevents you from working, you may receive wage replacement benefits, which are typically two-thirds of your average weekly wage. These can be temporary or permanent, depending on the extent of your injury and its impact on your ability to return to work.
- Vocational rehabilitation benefits. If your injury prevents you from returning to your previous job but you’re still capable of working in some capacity, workers’ comp can provide vocational training to help you transition to a new line of work.
- Death benefits. If you die from a catastrophic injury, your surviving family members may be entitled to death benefits that cover funeral expenses and lost income.
It’s important to understand that these benefits and the amount of compensation you’re entitled to are negotiable, so you should never simply accept an insurer’s initial settlement offer without fully understanding the extent of your injury or its impact on your financial future.
Lump Sum Payments of Permanent Disability Benefits
Learn about the pros and cons of a lump sum settlement if a work injury in Colorado leaves you with a permanent disability.
How long can I get workers’ comp benefits in CO if I suffer a permanent disability?
In Colorado, if you suffer a permanent disability from a work-related injury, the duration of your workers’ comp benefits depends on the type of disability.
- Medical benefits. You can receive medical benefits for as long as you continue to need care directly related to your injury. These benefits are not subject to time limits, ensuring you have access to necessary treatment throughout your recovery.
- Permanent total disability (PTD) benefits. If your injury leaves you unable to return to any form of work, you may qualify for PTD benefits, which provide wage replacement for life. However, these benefits begin only after you reach maximum medical improvement (MMI)—the point at which further recovery or improvement is unlikely.
- Permanent partial disability (PPD) benefits. If you can still work but have a lasting impairment, PPD benefits help compensate for lost earning potential. The duration and amount of these benefits depend on the severity of your injury after you reach MMI and are determined based on a schedule provided by Colorado law. For instance, the total loss of vision in one eye entitles a worker to 104 weeks of PPD benefits, while the loss of the use of an arm entitles a worker to 208 weeks of PPD benefits.
The amount and duration of benefits can vary significantly based on your injury, age, and circumstances, so it’s important to consult a local Denver workers’ compensation attorney for more detailed information based on your situation.
What are the steps to file for workers’ comp in Colorado after a catastrophic injury?
To file a workers’ compensation claim in Colorado after a catastrophic injury, you’ll need to take several key steps to ensure you get the benefits you’re entitled to. Here’s an overview of the process:
- Seek medical care. Getting immediate medical care is crucial because it provides documentation that links your injury to your job. Unless it’s an emergency, your employer should provide a list of approved medical providers covered by their workers’ compensation insurance for you to choose from.
- Report your injury. Under Colorado law, you have 10 working days after the injury occurs to report it, in writing, to your employer. If you are in the hospital and too injured to report it yourself, a family member or friend can report it on your behalf. Failing to report within the required timeframe can potentially jeopardize your claim. You should also file a claim with the Colorado Division of Workers’ Compensation within 2 years using form WC 15.
- Employer reports the injury. Your employer has 10 days to notify their workers’ compensation insurance company about your injury after you notify them.
- Insurer reviews the claim. The insurance company has 20 days after receiving the notice to review your claim. They will either accept it or deny it. Claims are typically denied if the insurer believes they do not have sufficient information or if they feel the injury wasn’t work-related.
If your claim is denied, it’s crucial to consult with an experienced workers’ compensation lawyer to help you with the appeals process.
The Babcock Law Firm can help with your workers’ comp catastrophic injury claim in Denver
If you or a loved one has suffered a catastrophic work-related injury in Colorado, we understand that navigating the complex workers’ compensation system while trying to recover can be overwhelming. That’s why our experienced Denver work injury attorneys are ready to help you every step of the way.
At The Babcock Law Firm, we offer free consultations so we can answer your questions and ensure you have a thorough understanding of the claim process and what you can expect. We’ll also help you calculate the full extent of your future medical and wage loss needs and negotiate aggressively with insurers to secure a fair settlement.
Ready to schedule your free consultation? Contact The Babcock Law Firm today to learn more about how we can help maximize your claim.
References
Bureau of Labor Statistics. (2023). National Census of Fatal Occupational Injuries in 2022. https://www.bls.gov/news.release/pdf/cfoi.pdf
Division of Workers’ Compensation Quick Reference Guide. (n.d.). Retrieved October 23, 2024, from https://cdle.colorado.gov/sites/cdle/files/Quick_Reference_Guide_2020.pdf
