Suffering an injury at work can have major consequences on your quality of life and your ability to earn a living. In some cases, employment-based injuries can result in permanent disabilities or illnesses that prevent you from ever working again. Benefits might be available to you in these cases, but only if you meet workers’ compensation claim eligibility in Colorado Springs.
Pursuing a workers’ compensation claim on your own is often a mistake. The guidance of skilled legal counsel could give you the best chance at success. Let a dedicated workers’ compensation attorney advise you on whether you meet state eligibility requirements for workers’ compensation benefits.
Who Qualifies for Workers’ Compensation Benefits?
First and foremost, workers’ compensation benefits are for employees, meaning not everyone in Colorado Springs qualifies. Although many people qualify as employees in their line of work, some do not.
The most common example of a worker that does not qualify as an employee is an independent contractor. This is true even for contractors who largely perform the same tasks as an employee. In fact, a major area of contention is that some employers will purposefully misclassify an employee as a contractor to avoid a claim.
Employers Generally Must Carry Coverage
In order for a worker to qualify for compensation through this system, the employer must carry workers’ compensation insurance. In Colorado Springs, most businesses with full-time employees are required to pay for this coverage, although some fail to comply with the law and refuse to do so. It is possible to file an injury lawsuit against an employer that did not carry workers’ compensation insurance at the time of an incident.
The Injury Must be Work-Related
Not every injury justifies a viable claim for workers’ compensation. In fact, some injuries that happen in the workplace do not qualify at all. There are three different situations where an injury will qualify, including the following:
- Injuries that occur at work
- Injuries that occur while traveling for work purposes
- Developing an illness brought on by one’s job duties
There are exceptions to every rule, however. For example, a worker in Colorado Springs might not be entitled to benefits if they were hurt at work while off the clock or involved in horseplay or careless behavior. Some challenges come with proving that an illness occurred as the result of work conditions, as it can take months or even years for some conditions to develop.
Meeting the Deadline
There is a deadline in Colorado Springs for filing a workers’ compensation claim. Specifically, a worker must report the injury to their employer within four days of the incident. Waiting beyond this four-day window could result in less compensation. The good news is that there are exceptions that could extend the deadline. For example, a person too injured to report an accident could have additional time to do so.
Contact an Attorney in Colorado Springs About Workers’ Compensation Claim Eligibility
Before you file your claim for workers’ compensation benefits, it is a good idea to be sure you qualify. An attorney could help you go over workers’ compensation claim eligibility in Colorado Springs to ensure you meet the guidelines set out in the law. Call today to learn more and begin filing your claim.