When we use the term “workers’ compensation law,” we’re using an umbrella term that covers an entire system of laws. This system describes what injured employees are entitled to in terms of compensation and how they can claim that compensation. These laws vary from state to state, and indeed from industry to industry (as is the case with federal workers, railroad employees, etc.).
All employers are obligated by law to carry workers’ compensation insurance to protect any employees who become injured while working. Workers’ compensation is not the same thing as filing a lawsuit; it’s more like an insurance claim to receive benefits to which you are already entitled.
You are entitled to compensation by law if you’ve been injured on the job. Workers’ Compensation laws exist to protect workers—and The Kitch Law Firm can defend your rights. Call us today at 303.670.3923 for a no-obligation consultation.
The Purpose of Workers’ Compensation
The philosophy behind the creation of workers’ compensation is simple. If there are defined laws in place which state what benefits an injured employee has a right to, and employers must provide those benefits, everyone involved can avoid the headache of litigation. Primarily, the laws exist to protect employees, but there are elements built in for employers as well, such as limitations to the amount of money an employer might have to pay out. It is a “no-fault” system—there does not have to be an allegation of negligence to claim workers’ compensation.
Workers’ Compensation vs. Civil Lawsuits
Generally speaking, employees can find it nearly impossible to sue their employers successfully. Workers’ compensation is explicitly designed to avoid lawsuits. Hence, the trade-off is that the employer must provide Workers’ Compensation for all employee, and in turn, the injured worker generally is unable to sue the employer for negligence. Just as employees are usually eligible for workers’ compensation, employers are usually shielded from employee lawsuits.
The right Colorado workers’ compensation attorney can ensure that your claim goes smoothly and that you receive the full amount of compensation to which you are entitled. Marsha A. Kitch, Esq. has three (3) decades of experience in cases just like yours. Call us at 303.670.3923.
What is and isn’t Covered?
Most injuries and conditions are covered, including pre-existing conditions aggravated by working, injuries during breaks and company-sponsored activities, injuries sustained while on duty, and diseases caused by exposure to workplace elements, like lung cancer. In a small number of instances, claims can be madefor injuries related to mental strain brought on by stress or harassment on the job.
Limits vary based on location and injury, but some injuries may not be covered if:
- they are the result of horseplay on the job
- the employee is intoxicated or deliberately injures themselves
- the injury was sustained while commuting to or from work, unless that travel is required while on duty
Neither your employer nor their insurance company is going to prioritize your needs and what you deserve after an on-the-job injury. You need a true advocate—Marsha A. Kitch, Esq., will aggressively pursue the compensation you deserve. Call us today at 303.670.3923 and find out how we can help you.