A Guide to Colorado Workers’ Comp for Injured Home Depot Workers
Learn about common challenges injured Home Depot workers face when filing a workers’ comp claim and how to protect your rights
If you’ve been hurt while working at Home Depot in Colorado, you may be entitled to workers’ compensation benefits for your medical treatment and a portion of your lost wages. Unfortunately, getting those benefits isn’t always as straightforward as it should be.
Home Depot employees sometimes face denied workers’ comp claims, disputes over medical treatment, or pressure to return to work before they’ve fully recovered, so understanding your rights is key.
In this guide, we’ll explain which injuries typically qualify for benefits, what benefits Home Depot workers can receive, and how to file a claim. We’ll also discuss some common challenges workers say they experienced after reporting workplace injuries at Home Depot and the steps you should take to protect your rights.
If you get pushback when reporting an injury, need help filing a claim, or are already dealing with a denial, reach out to the experienced Denver workers’ compensation lawyers at Babcock Tucker for a free consultation.
What happens if you get hurt at Home Depot?
Injured Home Depot workers are typically eligible for workers’ compensation benefits as long as they’re classified as an employee and their injury or illness is directly related to their job.
One of the biggest misconceptions about workers’ compensation is that you have to prove your employer is responsible for the accident.
In reality, Colorado’s workers’ compensation system is no-fault, which means you can often receive benefits even if the accident was your own mistake as long as you can show that your injury or illness was a direct result of your job or work environment.
Does Home Depot have workers’ comp?
Yes. Under Colorado law, most employers with at least 1 employee—including Home Depot—are required to carry workers’ compensation insurance.
Employees don’t pay for this coverage. Instead, it’s provided by the employer to help cover medical expenses and lost wages when a worker suffers a job-related injury or occupational disease.
What injuries are covered under workers’ comp at Home Depot?
Some Home Depot supervisors want workers to believe that they can’t get workers’ comp unless they suffer a serious or catastrophic injury at work, but that simply isn’t true.
Workers’ compensation can cover almost any injury, illness, or disease that arises out of your employment—even if it develops gradually over time or aggravates a pre-existing condition.
Common examples of injuries and illnesses at Home Depot that are covered under workers’ comp include:
- Back, neck, and shoulder injuries from lifting and moving heavy merchandise, such as lumber, mulch, appliances, flooring, doors, windows, and concrete
- Sprains, strains, torn ligaments, and herniated discs caused by overexertion, repetitive lifting, or slip and fall accidents
- Broken bones, crush injuries, cuts, and amputations involving forklifts, pallet jacks, hand tools, or defective equipment
- Head injuries and concussions caused by falling objects, ladder accidents, or other workplace accidents
- Repetitive stress injuries, including tendonitis and carpal tunnel syndrome, from stocking shelves, unloading trucks, scanning merchandise, and other repetitive tasks
- Occupational illnesses, such as respiratory conditions caused by repeated exposure to dust, insulation, chemicals, paint fumes, or other hazardous substances
- Pre-existing conditions that are substantially aggravated by your job, such as a previous back, shoulder, or knee injury that becomes worse because of your work duties
The severity of your injury is not what determines whether it’s covered. If you’re a covered employee and your injury or illness arose out of your employment, you may be entitled to workers’ compensation benefits.
What will workman’s comp pay for after an injury at Home Depot?
If your claim is approved, you may be entitled to several different types of workers’ comp benefits depending on the severity of your injury and how it affects your ability to work.
These benefits may include:
- Medical benefits for authorized medical treatment, including doctor visits, surgery, hospital care, medications, physical therapy, and medical equipment, as well as mileage reimbursement for authorized travel to and from medical appointments
- Temporary wage replacement benefits equaling two-thirds of your average weekly wage if your injury prevents you from working or limits your ability to earn your normal wages while you recover
- Permanent disability benefits if you suffer lasting impairments after reaching maximum medical improvement
- Disfigurement benefits if your work injury results in permanent scarring or other qualifying disfigurement
- Death benefits for surviving family members when a workplace injury or occupational illness is fatal
It’s also important to understand that workers’ compensation benefits aren’t always automatically approved or correctly calculated by insurers. Insurance companies may dispute whether an injury is work-related, challenge your disability rating, or disagree about the medical treatment you need.
If that happens, a local Colorado work injury lawyer can negotiate with the insurance company on your behalf and help you pursue the full benefits available to you under Colorado law.
Challenges some Home Depot workers face when reporting their work injuries
How a workplace injury is handled can have a major impact on an employee’s recovery, financial stability, and whether workers feel comfortable reporting injuries at all.
In a recent Reddit discussion about workplace injuries at Home Depot, some employees described feeling discouraged from reporting injuries, being pressured to return to work before they were better, or being treated unfairly after getting hurt.
Below are a few of their comments on their actual experiences:
- I got a work injury because I tripped on an empty pallet and got scrapped really badly, I asked my manager if I have to fill out a report and he said it wasn’t considered a “bad enough injury” to warrant one so he just wrapped it in bandages and gauze and off I went.
- My store associates tell me not to get injured, and if I do, not to tell a manager because they want the 365 days safe party.
- I had a huge amount of heavy lumber fall on my foot. They did have me work the rest of my shift that day, and I learned they weren’t even going to report it if there hadn’t been 5 customers to act as witnesses.
- I was in lumber and brought down some 4x8x10’s and when I cut the banding, the first row all fell and compound fractured my right big toe and the one next to it. I was in so much pain that I fell to the floor crying. The ASM told me to stop crying. Didn’t find out both my toes were broken and fractured till 2 weeks later. Still had to go to work in a boot and could barely walk.
- Messed up my back bad, didn’t get a single day off work, had to schedule all my appointments on my off days, which sometimes didn’t work out and I was given occurrences.
- I had a manager try to talk a guy out of getting his back taken care of. She told him it was like he was taking money from all the other associates.
- They said they would fire me due to absences after I destroyed my knee. They didn’t, but when I came back they cut my hours and put me opening and closing shifts back to back in lumber. (I was at the service desk and OFA). I quit within the next month.
- I jacked my back while packing out exterior doors, and when I went to management to file an incident report, I was told I get hurt too much. Because I followed SOP and reported any and all injuries.
For these and other injured workers, it’s crucial to report the injury to a supervisor in writing and seek medical attention as soon as possible.
If you’re being discouraged from reporting your injury or are facing pushback after filing a claim, contact a Denver work injury lawyer for help.
How do I file a workers’ comp claim after an injury at Home Depot in Colorado?
If you’re injured while working at Home Depot, there are specific steps you need to take to be eligible for workers’ compensation benefits. Here’s what you need to do:
- Report your injury immediately. Notify your supervisor or manager as soon as possible and provide written notice of your injury within 10 days, as required by Colorado law. Complete an incident report whenever possible and keep a copy for your records.
- Seek medical treatment. If your injury is an emergency, seek immediate medical attention. Otherwise, use the authorized treating physician designated by your employer or its workers’ compensation insurance carrier. Be sure to tell your healthcare provider exactly how the injury occurred and follow all recommended treatment and work restrictions.
- Make sure your employer reports the injury. After receiving notice of your injury, your employer is supposed to notify its workers’ compensation insurer within 10 days. The insurer then has 20 days to review your claim.
- File your own workers’ compensation claim. You should also submit form WC 15 (Worker’s Claim for Compensation) to the Colorado Division of Workers’ Compensation. Although you generally have up to 2 years to file, it’s usually in your best interest to do so as soon as possible.
If your employer refuses to report your injury, your claim is delayed or denied, or you experience retaliation after seeking workers’ compensation benefits, a Denver workers’ compensation attorney can handle your claim and protect your rights throughout the filing or appeals process.
Injured while working at a Home Depot in Denver? We can help.
If you’re suffering from a work-related injury or illness at Home Depot and have questions about your rights, the experienced Denver workers’ compensation lawyers at Babcock Tucker are here to help.
As a local Denver work injury law firm, we’ve helped injured workers throughout the Denver metro area fight back against large employers like Home Depot and their workers’ comp insurers so they can get the benefits they deserve.
Whether you’re filing a claim, appealing a denial, or dealing with a dispute over your benefits, we’re ready to advocate for you.
Contact the team at Babcock Tucker today to schedule a free consultation.
