Before the 20th century, when a factory worker or employee was hurt in the course of work, they were at the mercy of their employer for help. Unfortunately, in many cases, no support was provided, and the worker, if he survived, was left with few options, often living in poverty and unable to generate a viable wage as an able-bodied person.
Fortunately, in 1911, the first state began to impose workers’ compensation laws on employers. California led the charge, and by the 1920s the trend was spreading across the United States. Interestingly, the requirement today is at the state level, not as federal law and 49 different states have laws on the books for it.
Colorado’s Version of Workers’ Compensation
As a state, Colorado is well within the crowd of states with workers’ compensation requirements on the books. The protection essentially provides employees with medical coverage if they are injured in the course of doing their work for an employer.
This rule of law has been repeatedly confirmed by both the Colorado Courts of Appeal and the state Supreme Court. With each case refining and re-confirming the requirement, employers have very little leeway to argue that they aren’t responsible for helping when a worker is injured in the line of work.
Despite these facts, companies continue to actively oppose workers’ compensation claims filed by their employees. These denials are based on minor details. But the issue is important because, as insurance companies are well aware, the more claims that are refused on the initial request, the more money is saved because people do not pursue claims beyond that point.
A Graduated Process for Claims
In many cases, an injured employee needs to work with their employer’s claim process first before filing a legal claim. This is intended to give the employer the chance to know about the injury, confirm the details, provide sufficient medical care, and monitor recovery and return to work.
That said, many employers see this as a form of barrier where they can tighten down and block claims. An injured employee is not premature in relying on help from a worker’s compensation attorney like those at Killian Law (https://www.killianlaw.com/workers-compensation/) to push for a viable response.
Regardless of the need for details, an employer is still responsible for responsive medical care, especially when the worker is seriously injured. A secondary battle usually occurs during rehabilitation and long-term damage healing, both of which can be costly due to repeated treatment over lengthy periods.
Again, where an employer is applying delaying tactics, an attorney can help push response and action. That can be done by claim filing assistance, proactively pursuing an administrative appeal with state authorities for a denied claim, and even exploring federal civil rights violations if they apply as well.
There’s no reason for a worker to “just deal with” an injury. That’s leaving valid recovery help on the table for the benefit of an employer’s accounting. Workers compensation care is a right in Colorado, so no worker should shy away from it if hurt.