Frequently Asked Questions About Workers' Compensation

Most Colorado employees are covered by workers compensation insurance; however, there are a few exceptions. The Division of Workers’ Compensation provides a partial list of exemptions from coverage requirements online and can provide detailed information if needed.

Injuries sustained in any workplace accident and occupational illnesses are covered by workers’ compensation insurance. Repetitive injuries, such as carpal tunnel syndrome, that develop over time, are also covered.

If a workplace accident or injury leaves you disabled, the monetary benefits you will be entitled to receive under workers’ compensation will depend on the degree and duration of your disability. Benefits are paid for Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Partial Disability (PPD), and Permanent Total Disability (PTD).

Benefit amounts will be based on the wages you were earning before your disability and on the degree of disability. In the case of Permanent Partial Disability, your benefit amount will be based on your previous wages and the percentage of disability (impairment rating) assigned by your treating physician after you reach maximum medical improvement (MMI).

No. Workers’ compensation is a no-fault insurance system, and your injuries should be covered even if you were at fault for the accident. However, according to the Colorado Division of Workers’ Compensation, your benefits may be reduced if the injury resulted from your use of drugs or alcohol, if you willfully failed to use a safety device, or if you willfully failed to follow safety rules that were reasonable, written and posted.

Most Colorado employers are required to carry workers’ compensation insurance. When a workers’ compensation claim is filed, the employer’s workers’ comp insurance carrier pays the medical bills and the wage reimbursement benefits to the injured worker.

If your injuries are serious, you may need an attorney to help ensure that you receive full benefits. The workers’ compensation claim process can be complex, and insurance companies are concerned with their own bottom line and want to minimize the amounts they pay out. If you work with The Wilhite Law Firm, you will have our experience, skills, and dedicated legal advocacy in your favor.

Many injured workers settle their workers’ compensation claims. You will need an experienced Colorado workers’ compensation lawyer to negotiate the settlement with your employer’s insurance company. Our accident and injury lawyers at The Wilhite Law Firm are well-versed in workers’ compensation matters, and we will protect your rights and aggressively pursue the maximum benefits you are entitled to receive.