Colorado Springs & Southern Colorado Workers’ Compensation Attorney

“I quickly became very familiar with how insurance companies treat accident victims – how faceless corporations play with people’s lives when they’re at their very worst. This is part of the reason I decided to found my own practice. At the Babcock Law Firm, we will never represent an insurance company or other member of corporate America.”

For Mack Babcock, workers’ compensation isn’t just another practice area—it’s his main focus and passion. It’s why he founded The Babcock Law Firm after working for large insurance companies and corporations like Pinnacol Assurance, State Farm, Hartford, Sentry Insurance, Qwest Communications, Furniture Row and others. This background gives him unique insight and experience in dealing with workers’ compensation insurance companies to ensure his clients are treated fairly.

Mack belongs to a number of prestigious legal associations, including the Colorado and Denver Bar Associations, the Colorado Trial Lawyers Association, the Workers’ Compensation Educational Association, the Colorado Professionals in Workers’ Compensation and the Workers’ Injury Law & Advocacy Group. He has received many honors and awards, including:

In light of his certifications and honors, major media outlets frequently interviewed Mack for his legal expertise in workers’ compensation laws and issues.

Workers Hurt on the Job Aren’t Told Everything They Should Know

Know your rights under Colorado worker injury laws.

When you or a loved one are hurt on the job, the unfortunate truth is that you can’t trust the word of your employer or their insurance company to fully inform you of your rights and duties under workers’ compensation law. This is because these companies have a financial interest in stopping you from filing a workers’ compensation claim—or at the very least, minimizing how much they have to pay.

Time and time again, we have seen relationships between faithful, hard-working employees and their employer change for the worse after a work injury. It feels like just when you need their support most, your employer simply views you as a cost.

Here’s the reality:

One of these rights is the freedom to consult with a workers’ compensation attorney about your case, and this is one of the best steps you can take following an injury at work.

Workers’ Comp FAQ

How does workers’ compensation work in Colorado?

Workers’ compensation is a state-run insurance system managed by the Colorado Department of Labor & Employment’s Division of Workers’ Compensation, which is based in Denver. The crux of the law, known as the “Workers’ Compensation Act of Colorado,” can be found in Title 8, Articles 40-47.

In short, workers’ compensation guarantees financial compensation for medical bills and lost wages caused by a work-related injury or illness. Workers’ comp is a no-fault system, meaning injured workers can receive benefits regardless of who or what caused their injury—so long as the injury or illness occurred in the course and scope of employment.

Workers’ comp differs from unemployment benefits in that a worker must have been injured on the job (or been diagnosed with an occupational illness) in order to collect workers’ comp benefits. Unemployment benefits, on the other hand, are provided to workers who aren’t necessarily injured but lost their job due to no fault of their own.

What is the purpose of workers’ compensation in Colorado?

The purpose of the Act is to:

“…assure the quick and efficient delivery of disability and medical benefits to injured workers at a reasonable cost to employers, without the necessity of any litigation, recognizing that the workers’ compensation system in Colorado is based on a mutual renunciation of common law rights and defenses by employers and employees alike.”

The modern workers’ compensation system is sometimes referred to as the “Grand Bargain” between workers and employers. This is because both parties benefit the system, but at a cost.

Employees benefit because the no-fault system is designed to expedite the process of obtaining compensation. Employers, companies and insurers benefit because workers’ compensation is an “exclusive remedy,” meaning that injured workers generally can’t sue their employer if they’re covered by workers’ comp.

What should I do if I’m hurt at work?

According to the Colorado Department of Labor & Employment, you should take the following steps after suffering a work-related injury, illness or other medical condition:

1. Seek medical care. If your injury is an emergency and/or life-threatening, you should seek emergency medical care from the nearest hospital immediately. If the condition is not an emergency, you can select a doctor from your employer’s list of designated healthcare providers. Your employer is obligated to provide you with this list within 7 days after you notify them about your injury.
2. Report your injury. You should report your injury or condition to your employer as soon as possible, but no later than 4 days. This should be done in writing to provide a record that you met this requirement.
3. File a claim. You must complete and submit for WC15 (Workers’ Claim for Compensation) with the Division of Workers’ Compensation within 2 years of your injury. You should do this whether or not your employer has workers’ compensation insurance. You can mail or deliver 2 copies of the form to: Colorado Division of Workers’ Compensation, Customer Service Unit at 633 17th St., Suite 400, Denver, CO 80202-3626.
4. Understand potential benefits. After you’ve filed your claim, you should study up on the different types of workers’ comp benefits you may be owed, such as lost wages, disability and medical treatment reimbursement. Properly calculating the amount of benefits you can receive is a complicated task that may depend on many different factors, like your ability to return to work, the severity of your injury and how much you earned prior to the accident. A knowledgeable workers’ compensation attorney will be able to help you understand your potential benefits.
5. Resolve or reopen your claim. Lastly, if your request for benefits is denied or you are unhappy with the payment offered, you can appeal the decision by requesting a hearing with the Office of Administrative Courts. It’s vital that you seek counsel from an experienced attorney to help you navigate the entire litigation process from pre-hearing and settlement mediation to discovery and the hearing.

How long do I have to file a workers’ compensation claim?

The “statute of limitations” is the time period within which a workers’ comp claim must be filed and it varies by state.

Here in Colorado, an injured worker must report their injury to their employer immediately, but no later than 4 days. Then, they must file a claim as soon as possible, but no later than 2 years after the injury. In certain cases, judges may grant an extension, but this is rare.

Review the chart below (provided by the Colorado Department of Labor & Employment) for more information:

What benefits does workers’ comp provide?

In the event of a worker injury or illness, workers’ compensation can provide financial assistance to help cover the injured worker’s:

• Medical care. Any emergency medical testing or treatment you require for your work-related injury should be covered by workers’ compensation. Non-emergency care will also be covered so long as you visit an employer-approved provider. This includes your travel expenses going to and from doctor’s appointments, as well as mileage and parking costs.
• Lost wages. If you had to miss work due to your injury or illness, then you may be paid every 2 weeks for temporary partial (TPD) or total (TTD) disability—generally at a rate of two-thirds of your average weekly wage. These benefits won’t be paid unless you miss more than 3 shifts. If you miss more than 2 weeks, then you’ll be compensated for these 3 missed shifts as well.
• Permanent disability. If you still suffer certain impairments after reaching maximum medical improvement (MMI), then you may be eligible for permanent partial (PPD) or permanent total (PTD) disability benefits. You may also be entitled to a disfigurement award if your injury resulted in serious and permanent disfigurement.

In the event of a worker’s death, their surviving dependents may receive payments for lost wages every 2 weeks, as well as up to $7,000 for funeral and burial costs. These death benefits will be paid until the surviving spouse dies or remarries, and dependent children will receive compensation until their 18th birthday (or 21st birthday if they are full-time students). If there is no surviving spouse or child, other relatives such as a parent, grandparent, sister or brother may be eligible for partial benefits.

While workers’ compensation benefits are not taxable, they may be subject to certain offsets if you are receiving financial assistance through any other government program such as unemployment, Social Security or short-term disability provided by your employer—or if you must pay child support.

Furthermore, your benefits may be reduced if you failed a drug test or violated a safety rule.

What if my employer doesn’t have workers’ compensation?

With few exceptions, all private and public employers in Colorado are required to carry workers’ compensation insurance if they have more than 1 employee. If they fail to meet this requirement, then they may face disciplinary action such as fines and the injured worker may be able to pursue legal action against them.

Even if your employer is uninsured, you should still file a workers’ compensation claim with the CO Department of Labor & Employment by submitting form WC15 as you may be eligible for benefits through the Colorado Uninsured Employer Fund.

What’s the average payout for workers’ compensation?

While the Division of Workers’ Compensation has an online Benefits Calculator to help injured workers understand how much compensation they might be owed, it’s important to realize that this tool (and others like it) can’t guarantee what benefits you may receive. This is because workers’ compensation awards and settlements can vary greatly depending on the unique factors of each case.

For example, a minor case of whiplash from a work-related car accident may require little treatment and heal in time, costing the injured worker just a few hundred dollars in the end. In contrast, a traumatic brain injury from falling off scaffolding can require months of intensive medical treatment and therapy to recover, if recovery is even possible at all. Such cases frequently add up to hundreds of thousands (even millions) of dollars in medical care, lost wages and permanent disability.

Can I quit my job while on workers’ compensation in Colorado?

Yes, you can quit your job at any time in Colorado—even after you suffer a work injury and are receiving benefits. Also, Colorado workers are protected from being fired because they filed a workers’ compensation claim.

However, it’s important to understand how quitting your job might affect your workers’ compensation benefits. For example, your lost wage payments may be stopped, which is why you should consult with your attorney before quitting.

Why do employers fight workers’ comp claims?

Even when workers have legitimate reasons to file a workers’ compensation claim, they often face roadblocks put up by their employer. Perhaps your employer wishes to avoid having their insurance premiums increase, or maybe they don’t want the company to get a bad reputation as an unsafe workplace.

Whatever their reason, don’t let your employer intimidate you or talk you out of filing a workers’ compensation claim. It’s your right to seek financial reimbursement in the event of a workplace injury or illness, and the workers’ compensation system—though not perfect—is designed to protect this right.

Why Hire a Colorado Springs Workers’ Comp Attorney?

The workers’ compensation process can be frustratingly complex—much more than injured workers often realize. It can seem like an endless obstacle course filled with paperwork, deadlines, red tape and legal hoops you have to jump through—just to get the compensation you are entitled to under the law.

Rest assured that this complexity is no accident.

The insurance industry and employers benefit to the tune of millions of dollars each year from injured workers and their families who accidentally miss a deadline, forget to submit the right form or simply get tired of fighting.

At The Babcock Law Firm, we can fight vigorously on your behalf so that you can rest easy knowing that your best interests are being represented. Focus on your healing and recovery, and let us: