Workers' Compensation Claims in Colorado

When an employee is injured on the job, they are often eligible for workers' compensation benefits. However, not all workplace injuries are covered by workers' comp.

Accidents That Occur During Breaks or Outside of Work Hours

Employees who suffer an injury while they are on a scheduled break or outside of work hours may not be eligible for workers' compensation benefits. This can be a tricky area to navigate because if the injury was caused by equipment supplied by the employer, then it may still be covered under workers' comp.

For example, if an employee trips over a toolbox left in the hallway during their lunch break, then they may be able to receive compensation for their medical bills and lost wages even though the incident occurred while on break.

On the other hand, if an employee injures themselves while playing sports during their lunch break or after work hours, then they likely will not qualify for workers’ comp benefits.

Accidents That Occur Because of Horseplay or Drug Use

If an employee injures themselves while engaging in horseplay with another employee at work—such as tackling each other in the office—then they may not be eligible for any benefits.

Similarly, if an employee injures themselves while under the influence of drugs or alcohol at work, they will likely not qualify for any benefit payments either. Even if a worker is only partially responsible for their own injury due to horseplay or drug use, it's unlikely that they will receive any money from their employer's insurance company.

Self-Inflicted Injuries

Injuries that were intentionally self-inflicted also do not qualify for workers’ compensation benefits. If an employee hurts themselves on purpose—for example, cutting themselves with a knife—they will not be able to file a claim for any medical costs associated with that injury since it was self-inflicted and no one else was involved in causing it.   

When an employee is injured on the job, it can be a confusing and overwhelming time. The last thing someone wants to worry about is how they will pay for a lawyer to help them navigate the workers' compensation system. The good news is workers' compensation lawyers typically work on a contingency fee basis, meaning you won't have to pay anything upfront, and the lawyer will only get paid if they are successful in securing benefits for you.

In Colorado, the maximum contingency fee that a workers' compensation lawyer can charge is 20 percent of the benefits they obtain on your behalf. This fee is taken out of the benefits you receive, and it is only charged if you win your case and receive benefits. If you do not receive any benefits, the lawyer will not charge you a fee.

The contingency fee system is beneficial for a number of reasons. First and foremost, it allows injured workers to have access to legal representation without having to worry about upfront costs. This is especially important for those who have been injured and may not have the financial means to pay for a lawyer.

Additionally, the contingency fee system provides an incentive for the lawyer to work hard on your case. If they do not win, they do not get paid. This means that they will be motivated to put in the time and effort necessary to secure benefits for you.

It is important to note that in some cases, a workers' compensation lawyer may charge additional fees, such as for costs related to medical records, expert witnesses, and other expenses. However, these fees will typically be discussed with you upfront and agreed upon before the case begins.

Hiring a skilled and experienced workers' compensation attorney like those at Morgan & Morgan can make all the difference in ensuring that you receive the benefits and compensation you deserve. With decades of experience, a proven track record, and a relentless commitment to fighting for their clients, Morgan & Morgan is the clear choice for handling your workers' compensation claim.

By putting your trust in us, you can focus on your recovery while we work tirelessly to secure the best possible outcome for your case. If you need a workers’ compensation lawyer in Colorado, reach out to Morgan & Morgan to take the first step toward achieving the justice and peace of mind you deserve.

Contact us today to schedule a free case evaluation.