Colorado Workers’ Compensation for
Janitors & Cleaners
Learn about your right to workers’ comp benefits in Denver and how to file a claim
In Denver, Colorado, janitors, cleaners, maids and housekeepers form a significant part of the workforce, providing essential services that keep businesses, institutions and homes running smoothly.
In fact, as of 2022, these diligent workers number over 51,000 in Colorado, making up approximately 18.5% of the state’s workforce. This substantial figure highlights their integral role in maintaining cleanliness and order across various sectors.
Despite their indispensable contribution, these workers are exposed to a myriad of risks that can lead to various injuries and occupational illnesses. From handling heavy equipment and hazardous cleaning materials to performing repetitive tasks, the risk factors are diverse and significant.
For these workers, understanding their rights to workers’ compensation benefits is essential to ensuring they receive the necessary support and protection after work-related injuries or illnesses.
This article aims to shed light on the specific challenges faced by janitors, cleaners, maids and housekeepers in Denver and across Colorado and provide vital information about their entitlements under workers’ compensation laws.
Need help fighting back after a denied workers’ comp claim or a lowball settlement offer in Colorado? Schedule a free consultation with one of our experienced work injury attorneys in Summit County, Eagle County, or Denver County today.
Have questions about your right to workers’ comp benefits or need help filing a claim?
Schedule a free consultation with the knowledgeable Denver work injury attorneys at Babcock Tucker today.
How common are injuries among janitors and cleaners?
Injuries among janitors, housekeepers and cleaning staff are more common than you might realize. In fact, in 2020 alone, the U.S. Bureau of Labor Statistics (BLS) reported that there were approximately 21,000 cases of non-fatal injuries to janitors and cleaners (excluding maids and housekeepers) requiring time away from work, a rate of 1.91 per 100 full-time workers.
By comparison, the total number of non-fatal injuries in all private industry occupations that same year was 2.7 per 100 full-time workers.
Additionally, there were 42 work-related fatalities among janitors and cleaners in the U.S. in 2020, a slight decrease from the previous year.
So, what are the most common injuries for janitors and cleaners?
Back injuries were the most common injury among janitors and cleaners in 2020, with 2,440 injuries requiring days off of work reported. Among the most common causes of injuries were:
- Exposure to harmful substances or environments (4,740 injuries)
- Slip-and-fall accidents (4,720 injuries)
- Getting struck by objects or equipment (1,880 injuries)
- Getting struck against an object or piece of equipment (1,790 injuries)
- Overexertion from lifting or lowering (1,460 injuries)
Fortunately, most work-related injuries, illnesses and diseases are covered under workers’ compensation as long as it can be proven that the affliction is a direct result of your job duties or work environment.
Does Colorado have workers’ compensation?
Yes, Colorado has a workers’ compensation system that’s designed to provide financial and medical support to employees who suffer work-related injuries or illnesses. Here’s a brief overview of the eligibility requirements:
- Employer obligations. In Colorado, the majority of employers are required to have workers’ compensation insurance if they have 1 or more employees, whether part-time or full-time. This insurance provides coverage for work-related injuries or illnesses sustained by their workers.
- Independent contractors. Generally, independent contractors are not covered by an employer’s workers’ compensation insurance. However, the classification between an employee and an independent contractor can sometimes be complex and subject to legal interpretation, so it’s important to consult with a work injury attorney if you’re unsure of your classification or if you believe you’ve been misclassified as an independent contractor.
- Exceptions. Some employers are not required to provide workers’ compensation for their workers, including private homeowners employing certain domestic workers on a less than full-time basis. If you fall into this or another category of workers who aren’t covered by Colorado workers’ comp and are injured on the job, you should talk to a work injury attorney to learn about your other legal options.
Another important point: To qualify for benefits, you don’t need to prove your employer was at fault for your injury or illness. In fact, in most cases, you’ll qualify for benefits even if you were partially responsible for the incident that led to your injury.
When To Hire a Colorado Workers’ Comp Lawyer
Learn when it’s crucial to hire a lawyer for help with your work injury claim.
How much does workers’ comp pay in Colorado?
In Colorado, workers’ compensation provides various benefits depending on the nature and severity of the work-related injury or illness. Here’s a brief overview of the workers’ comp benefits you might receive:
- Medical benefits. Workers’ compensation covers all necessary and reasonable medical treatment related to the work injury or illness. This includes hospital visits, surgeries, medications and rehabilitation. There is no maximum limit for medical benefits, and they continue as long as treatment is necessary and related to the work injury.
- Lost wage benefits. If an injury prevents a worker from doing their job, they’re eligible for wage replacement benefits. These are typically two-thirds of the worker’s average weekly wage, subject to minimum and maximum limits set by the state.
- Death benefits. In the unfortunate event of a work-related death, dependents of the deceased worker may receive death benefits. These benefits include a portion of the deceased worker’s wages and funeral expenses.
It’s important to note that while workers’ compensation covers medical expenses and a portion of lost wages, it does not compensate for pain and suffering. The specific amount and duration of benefits can vary depending on the individual case and the severity of the injury or illness.
How long does an employee have to report an injury in Colorado?
In Colorado, an employee has up to 10 days to report a work-related injury to their employer. This deadline is crucial because failing to report the injury within this time frame can result in a denial of the workers’ compensation claim.
Some exceptions exist, so if you miss the deadline and your claim is denied, reach out to a workers’ compensation attorney to find out if you have the right to file an appeal.
Can you sue your employer for negligence in Colorado?
In Colorado, as in most states, the workers’ compensation system typically serves as the exclusive remedy for employees who are injured on the job. This means that you generally cannot sue your employer for negligence if you get hurt at work.
However, there are some limited exceptions where an employee can sue an employer outside the workers’ compensation system by filing a personal injury claim. These exceptions include situations where an employer’s actions were intentional and harmful, such as intentionally causing an injury. However, these cases are rare and can be challenging to prove. This might also apply if the injury was caused by the negligent actions of a third party. In other words, if your employer is a contractor working on a property and you were injured by a property hazard, the property owner might be liable.
In most cases, an injured worker’s recourse is to file a workers’ compensation claim to receive benefits for their injuries. If you believe your situation might qualify for an exception, it would be wise to consult with a workers’ compensation attorney to explore your legal options.
Injured as a custodian or cleaner in Colorado?
Get help from an experienced Denver work injury attorney.
If you’ve suffered a serious injury in Colorado and need help filing a claim or want advice as to how much your claim should be worth, don’t hesitate to reach out to the knowledgeable workers’ compensation attorneys at Babcock Tucker.
Our attorneys have extensive experience negotiating with Colorado employers and their insurers across all industries, so you can rest assured that you will receive expert guidance and strong representation to help you recover the compensation you deserve.
Whether you need assistance in filing a claim, navigating the complexities of workers’ compensation law, or maximizing your benefits, our team is here to support you every step of the way.
Contact Babcock Tucker today for a free consultation to discuss your case and explore the best path forward for your workers’ compensation claim.
References
2.6 million workplace injuries and illnesses in private industry in 2021, down 1.8 percent from 2020 : The Economics Daily: U.S. Bureau of Labor Statistics. (n.d.). www.bls.gov. https://www.bls.gov/opub/ted/2022/2-6-million-workplace-injuries-and-illnesses-in-private-industry-in-2021-down-1-8-percent-from-2020.htm
Colorado – May 2022 OES State Occupational Employment and Wage Estimates. Bls.gov. https://www.bls.gov/oes/current/oes_co.htm
Janitors and cleaners, except maids and housekeeping cleaners, 2016-2020 : U.S. Bureau of Labor Statistics. (n.d.). www.bls.gov. https://www.bls.gov/iif/snapshots/osn-janitors-and-cleaners-except-maids-and-housekeeping-cleaners-2016-20.htm#:~:text=Fatal%20occupational%20injuries
