On the Job Injury Attorney

Hardworking Americans are the backbone of the economy here in Colorado and in every other state. And yet, when someone is hurt on the job or diagnosed with an occupational illness, often it’s the injured worker who suffers again at the hands of profit-greedy employers and insurance companies that choose to deny folks like you the compensation they so desperately need to pay the bills and provide for their families.

With few exceptions, Colorado workers’ compensation laws apply to all workers in every industry and across all sectors. That said, we’ve represented hundreds of clients across the state and so we’ve seen that there are certain industries and jobs with higher rates of workplace incidents and workers’ compensation claims filed. In order to protect their bottom line and keep their insurance rates low, many of these companies wrongfully deny or dispute employees’ work injury claims expecting that the worker lacks the will or resources to fight back.

That’s where we come in.

Injured workers we represent

Any profession or job can be dangerous if you’re in the wrong place at the wrong time; however, certain occupations are widely known to be more dangerous due to their historically high workplace injury and fatality rates.

Here’s a small sampling of the types of individuals we frequently represent in workers’ compensation claims across Colorado:

In addition, we help individuals who must go up against massive companies and corporations to obtain the benefits they deserve under Colorado’s workers’ compensation law. Some of the largest employers in the state with the deepest pockets to dispute worker claims include:

FAQ for injured workers in Colorado

What are the most dangerous jobs in Colorado?

According to the most recent data from the Colorado Department of Public Health & Environment, the 4 most dangerous and deadly industries in the state are:

• Service. The service-producing industry includes all jobs and occupations involving trade transportation and utilities—including truck drivers, utility workers (linemen) and public transit drivers. Over half (55 percent) of total fatal work accidents in Colorado in 2017 involved service-provider workers.
• Goods. The goods-producing industry encompasses many sectors such as mining, oil and gas extraction, agriculture, fishing, hunting and forestry. Individuals employed in these sectors are at higher risk of injury or death due to truck accidents, heavy equipment accidents and slip and falls.
• Warehousing. Industrial workers in warehouses and factories are injured and killed at much higher rates than in other occupations.
• Administrative and waste services. Waste management employees, clerks and other administrative professionals are all included in this dangerous industry.

Learn more about some of Colorado’s most dangerous jobs.

Does Colorado require workers’ compensation for all employers?

In Colorado, all businesses and employers with 1 or more employees are required to carry workers’ compensation insurance, with very few exceptions. This 1-worker limit applies to part-time and full-time employees, as well as family members. Essentially, anyone who is paid to perform work is considered an employee by the Colorado Department of Labor & Employment.

Are independent contractors eligible for workers’ compensation?

As previously stated, most employers must carry workers’ compensation in Colorado. However, there are a few exceptions. One such exception applies to independent contractors, which don’t have to be provided workers’ compensation benefits under current state law.

That said, there are specific requirements that must be met for an individual to qualify as an independent contractor in Colorado. Just because a company labels you an independent contractor or freelancer does not automatically mean that you are indeed one under state requirements.

In the past, our workers’ comp attorneys have successfully been able to prove that our client was actually an employee and therefore eligible for workers’ compensation benefits. So if you are hurt as an independent contractor, speak with us before giving up.

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

If you are hurt at work or get diagnosed with an occupational illness and your employer doesn’t have workers’ compensation insurance, you have a couple of options for seeking compensation.

First, you can file a claim through Colorado’s Uninsured Employer Fund. This Fund exists “to provide financial assistance to individuals injured while working for employers who did not carry workers’ compensation insurance.” To qualify, your injury must have occurred on or after January 1, 2020, and happened while you were working for the uninsured employer. In addition, you must have a final order from a judge determining that you are entitled to workers’ compensation benefits.

Another option for injured workers is filing a personal injury lawsuit against the uninsured employer. Suing an employer in a civil court has its advantages and disadvantages. A benefit is that you can pursue compensation for certain non-economic damages in a lawsuit that you would otherwise not be able to recover in a workers’ compensation claim—such as pain and suffering, as well as punitive damages. A potential downside is that personal injury cases often take longer to resolve since you’ll have to establish negligence on the part of your employer (unlike workers’ comp which is a no-fault system). In these cases, hiring an experienced injury lawyer is vital.

How long do I have to report an injury at work in Colorado?

After a work injury or illness diagnosis, you should report the incident to your employer immediately—but certainly no later than 4 days after the accident or diagnosis. If you miss this reporting requirement deadline, you risk your workers’ compensation claim being denied.

After receiving notice of your injury or illness, your employer has up to 10 days to notify their insurance carrier by filing an Employer’s First Report of Injury (WC 1) form. If an employee is killed or at least 3 workers are injured in the same accident, the employer must contact their insurance carrier immediately.

Once the insurance carrier has received the employer’s report through Form WC 1, they have 20 days to notify the employer and worker whether they accept or reject the claim.

Why should I hire a workers’ compensation lawyer?

When injured workers contact us, we find that they almost always underestimate and undervalue the long-term costs they are likely to face because of their injury or illness. Workers’ compensation insurance companies know this too, which is why they systematically try to pressure cash-strapped injured workers with lowball settlement offers. What’s more, insurers have ample financial resources to hire a top-notch legal team to dispute or deny your claim.

Babcock Tucker’s mission is simple: to even the playing field for injured and sick workers in Colorado. We believe that you should have the best legal representation possible when going up against your employer, their insurance company or another corporate giant. Rest assured that we will fight to ensure that you receive full and fair compensation.

FREE CONSULT: It costs nothing to get answers

Wherever you clock in, you deserve to work in a safe environment and receive certain monetary benefits if you get hurt on the job or suffer from an occupational illness. Colorado law guarantees that most workers in the state can recover workers’ compensation benefits for medical care, lost wages and other expenses. Unfortunately, profit-hungry employers and insurers don’t often take the time or effort to fully explain your rights.

Babcock Tucker has represented workers across the state—from the Eastern Plains to the Front Range to the Western Slope—in many different workers’ compensation matters. As our client reviews can attest to, we’ve helped hundreds of individuals suffering from debilitating work-related injuries and illnesses obtain the medical care and monetary settlements they need so urgently to heal physically, emotionally and financially.

If you were seriously hurt at work and have questions about your workers’ compensation benefits, don’t hesitate to contact our knowledgeable and compassionate Denver injury attorneys. We exclusively represent injured individuals and their families—not insurance companies—so you can rest assured that we are fully committed to fighting for your right to compensation.

Your initial consultation with one of our attorneys is 100% free, so there’s no cost and no commitment necessary to learn about your legal options and next steps.