Colorado workers’ compensation provides medical and lost wage benefits to workers who are injured on the job. All businesses with employees operating in Colorado are required to carry workers’ compensation insurance.
To receive the maximum amount of compensation, the injured must file certain reports within the legal deadlines.
Deadline to Report Injury to Employer
The injury must be reported to the employer within four days. The employer may reduce the amount of compensation for each day beyond four days that an injury is not reported.
Some work injuries take place over time, without a single incident triggering the injury. A common example is the occupational injury of carpal tunnel. In a situation like this, the injured must report the injury when they have discovered or should have known about their injury. It is helpful to seek medical attention when early symptoms arise. By receiving medical attention early, you can avoid a situation where you do not realize the extent of your injury.
How to Report to Employer
The injury must be reported to the employer in writing, and a copy should be kept for your own records. If there is a dispute as to when the employer was notified, a verbal report makes it difficult for the injured to prove the notification date. A report in writing provides clear evidence of when the employer was put on notice of the injury. If a supervisor tells the injured that written notification is not necessary, the injured should still provide written notification.
The injured should never rely upon their boss or supervisor to report the injury. Even if a manager or supervisor witnesses the injury and says they will report, a written report should still be filed from the injured, despite what their manager or supervisor states.
What Should be Included in the Report to the Employer
Many employers have accident reporting forms for the injured to fill out. These forms should be used to report the injury. Efforts should be made to get a copy of the forms, even if it means going to human resources or higher-level supervisors.
In the unlikely event the company does not have accident reporting forms or the injured is unable to get a copy of the forms, the injured must still provide a short written report that includes when the accident occurred, where it occurred, how it occurred, and what was the injury. This self-written report does not need to be incredibly detailed, especially if some details are unknown.
Reporting to the State of Colorado
The injured must also report to the State of Colorado’s Division of Workers’ Compensation by filing a Workers’ Claim for Compensation form. This is a free form that the employer will have or can be found at cdle.colorado.gov. This form must be filed within two years of the injury. Filing occurs by mailing the completed form to the Colorado Division of Workers Compensation, Customer Service Unit at 633 17th Street, Suite 400, Denver, CO 80202-3626. The two-year deadline is important to follow and barring exceptional circumstances, compensation can be outright denied for failing to comply with the deadline.
The Workers’ Claim for Compensation form is far more detailed than the initial report to the employer. Prior to filing the Worker’s Claim for Compensation form, the injured should consult and go over the form with a workers’ compensation attorney.
Burnham Law provides representation for the Colorado injured workers. Anyone injured on the job deserves maximum recovery, and Burnham Law is here to help. Let Burnham Law assist in your recovery so you can concentrate on recovering from the injury.