Colorado Workers’ Compensation for Injured UPS Workers
Learn how to file a claim and maximize your workers’ comp benefits after an injury or illness at UPS in Denver
There are hundreds of UPS stores and supporting locations in Colorado, and those locations would grind to a halt without the 5,400+ employees who keep them running. Unfortunately, whether you drive the trucks, carry the packages through warehouses, or work in retail operations, workplace injuries are common occurrences.
If you get injured or develop an occupational illness while working for UPS, you may be entitled to workers’ compensation benefits, but getting these benefits isn’t always easy. You may face confusing paperwork and strict deadlines that make it feel like you’re being set up to fail from the start.
At Babcock Tucker, we want to change that.
If you’re receiving pushback from UPS for reporting an injury, your claim is being denied, or you don’t even know where to even start, we can help. Reach out to our local Denver work injury lawyers to schedule a free consultation.
Did you know?
Between January 1, 2015, and May 31, 2022, United Parcel Service (UPS) employees had the third-highest rate of severe injuries in the U.S., with 505 serious injuries reported, according to the Economic Policy Institute. Only the U.S. Postal Service, with 1,142 serious injuries, and Walmart, with 571, reported higher totals during that period.
What are the most common injuries at UPS?
UPS employees perform physically demanding work every day, and the injuries they suffer often reflect the strain that comes with those duties. Many injuries stem from constant lifting, fast-paced movements, and long hours on hard surfaces, but accidents involving vehicles and heavy equipment are also common.
Some of the most frequent injuries reported by UPS workers include:
- Shoulder, back, and neck injuries from lifting heavy packages or awkward loads
- Hip, ankle, and knee injuries from frequent climbing in and out of trucks or working on uneven surfaces
- Broken bones and sprains from slips, trips, and falls in warehouses, loading docks, or delivery areas
- Spinal cord injuries like herniated or bulging spinal discs caused by repetitive strain or sudden twisting motions
- Repetitive stress injuries, such as tendonitis or carpal tunnel syndrome, affecting the wrists, elbows, and hands
- Crush injuries, cuts, amputations, and deep bruising caused by conveyor belts, forklifts, rolling carts, or falling packages
- Vehicle-related injuries involving delivery drivers, including whiplash, head injuries, and other trauma after work-related crashes
The bottom line: If you were hurt while doing your job, you developed an occupational disease from your work environment, or your job duties aggravated a pre-existing condition, you may be entitled to compensation.
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How does UPS workers’ comp work in Colorado?
In Colorado, workers’ compensation is designed to provide benefits to UPS employees who are injured or become ill because of their job. It operates as a no-fault system, meaning workers do not have to prove UPS did anything wrong to qualify for benefits.
To be covered:
- You must be classified as an employee, not an independent contractor. Most drivers, warehouse workers, and package handlers at UPS are employees, but classification can matter if there is a dispute about coverage.
- Your injury or illness must also be work-related. This includes injuries from a single accident, such as a fall or vehicle crash, as well as conditions that develop over time from repetitive tasks like lifting, bending, or scanning packages. Aggravation of a pre-existing condition may still qualify if your job made it worse.
Workers’ comp benefits typically include medical treatment and a portion of lost wages while you recover. However, coverage is not automatic. You must report the injury and file a workers’ comp claim within the required timeframes to be eligible for benefits. (We’ll provide more details on this below.)
What happens if you get into an accident as a UPS driver?
If you’re involved in a crash while working as a UPS driver, what happens next depends on who was injured and what types of damages are involved.
When a UPS driver is injured in a crash
If you are injured, you may be eligible for workers’ compensation benefits, even if you caused the accident. Because Colorado’s workers’ comp system is no-fault, liability does not matter when it comes to your right to benefits. As long as the accident happened while you were performing your job duties, you can typically seek workers’ comp coverage for your injuries.
If another driver caused the accident, you may have additional options beyond workers’ comp.
While workers’ compensation typically covers your medical treatment and partial lost wages, you may also be able to pursue a separate claim against the at-fault driver for personal injury damages that workers’ comp does not cover, such as full lost income, pain and suffering, or long-term disability. These claims are handled through the other driver’s insurance, not UPS’s workers’ comp system.
When another driver is injured in a crash with a UPS vehicle
If someone else is injured or property is damaged, UPS is generally legally responsible because drivers are usually acting within the scope of their employment. In these cases, UPS’s commercial insurance may cover injuries or damage caused by the crash. This is known as employer liability.
Exceptions to workers’ comp coverage after a UPS crash
There are important exceptions, however. Coverage issues can arise if a driver was acting outside of job duties, violating company policy in a serious way, or engaging in intentional or criminal conduct. Alcohol or drug use can also affect both workers’ comp eligibility and liability coverage.
Because UPS driving accidents can involve multiple insurance systems and parties, it’s crucial to discuss your case with an experienced Colorado work injury attorney to ensure you receive full compensation.
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What workers’ comp benefits do UPS workers get?
UPS workers in Colorado who are hurt on the job are generally entitled to the following types of workers’ comp benefits:
- Medical benefits. Workers’ comp covers all reasonable and necessary medical care related to your work injury or occupational illness. This includes doctor visits, emergency care, surgery, prescriptions, physical therapy, rehabilitation, and follow-up treatment. When you use an approved provider, these costs are covered without deductibles or copays. Mileage to and from medical appointments may also be reimbursed.
- Wage replacement benefits. If your injury prevents you from working for more than 3 days, you may receive temporary disability payments. These benefits are usually about two-thirds of your average weekly wage, up to a state-set maximum. Because workers’ comp wage benefits are tax-free, the take-home amount is often closer to your normal paycheck than it appears on paper.
- Permanent disability benefits. If a UPS work injury results in lasting physical or functional limitations, you may qualify for permanent partial or permanent total disability benefits. The amount depends on how the injury affects your ability to work and earn income in the future.
- Disfigurement benefits. If your injury causes visible scarring or permanent disfigurement—especially to areas like the face, head, or hands—you may be eligible for additional compensation beyond standard disability benefits.
- Death benefits. When a UPS worker dies as a result of a job-related injury or illness, workers’ comp may provide benefits to surviving dependents. These typically include ongoing income replacement for qualifying family members and payment of funeral and burial expenses up to about $14,000.
Workers’ comp benefits are negotiable, so make sure you understand how much your claim is worth before accepting a settlement offer from UPS.
What happens if you get injured at UPS?
If you suffer a work-related injury, illness, or disease while working for UPS in Colorado, you’ll need to take the following steps to get workers’ compensation.
1. Get medical help immediately
If you are injured on the job, seeking medical attention should always be your first step. This is especially true for emergencies. As your employer, UPS is required to compensate you for emergency medical care for a workplace injury.
If your injury is not an emergency, then your employer should provide you with a list of workers’ compensation doctors to choose from for your care. If they refuse to give you that list, consult with an attorney immediately.
2. Report your injury
Workplace injuries are never something to hide from your employer. If you are injured while working for UPS, you need to let your supervisor know within 10 days. Your supervisor then has 10 days to notify their insurance company about your injury.
3. File a claim
You must also formally file a workers’ compensation claim by submitting form WC 15 (Worker’s Claim for Compensation) to the Colorado Division of Workers’ Compensation. While the deadline to file is 2 years from the date of injury, it’s best to file as soon as possible to avoid delays, disputes, or unnecessary complications with your benefits.
4. Follow your doctor’s advice
It is essential to follow your doctor’s advice and care instructions. Failure to follow their advice will not only lengthen your healing time but could also jeopardize your claim.
If you are unhappy with your physician or you do not think you are being provided with quality medical care, it may be possible to see a different doctor.
There are 2 ways that this is usually accomplished. First, if your employer provided you with a list of doctors to choose from, and you are still within the first 90 days following your injury, you are allowed to switch to 1 of the other doctors on the list. Otherwise, if a list was not provided, you may have the right to select your own workers’ compensation doctor.
In either instance, it may be helpful to have the assistance of an attorney, who can ensure that you are transferring care to a reputable doctor and assist with any paperwork that the transfer of care requires.
5. Speak with a local Denver workers’ comp attorney
Although Colorado’s workers’ compensation laws are designed to protect employees, navigating the system can be very difficult. The nuances of workers’ compensation law can be complex and unintuitive.
If you miss a deadline or use the incorrect form to seek benefits or changes to your claim, you may jeopardize your case. Because of this, you may want to speak with a reputable and qualified attorney who is experienced with workers’ compensation claims.
By working alongside an experienced attorney, you will ensure that you take the proper steps to make a successful claim. Further, you will be able to maximize your compensation and protect your rights.
Can you sue UPS as an employee?
In most cases, no. If you’re injured while working for UPS, workers’ compensation is typically your only remedy to get compensation from your employer. That means you generally cannot sue UPS directly for your injuries.
There are limited exceptions, such as cases involving intentional harm, actions outside the scope of employment, or a third party (like another driver or contractor) whose negligence caused your injury. In these situations, you may be able to pursue a separate personal injury claim in addition to receiving workers’ comp benefits.
Looking for the best work injury law firm in Denver?
If you suffered a serious or catastrophic injury while working for UPS and your claim has been denied or you’re struggling to get the workers’ compensation benefits you deserve, let Babcock Tucker step in to help.
Our experienced Denver workers’ comp attorneys understand how these claims work and how to push back when insurers delay, deny, or undervalue benefits.
Contact Babcock Tucker today for a free consultation and get trusted guidance from a local Colorado legal team focused on protecting your rights and maximizing your benefits.
References
Berkowitz, D., & Dixon, P. (2023, March 30). An average of 27 workers a day suffer amputation or hospitalization, according to new OSHA data from 29 states: Meat and poultry companies remain among the most dangerous. Economic Policy Institute. https://www.epi.org/blog/an-average-of-27-workers-a-day-suffer-amputation-or-hospitalization-according-to-new-osha-data-from-29-states-meat-and-poultry-companies-remain-among-the-most-dangerous/
