![]() ![]() It must fill out form 300 to report your illness to the federal agency. So far we have covered only workers’ compensation for getting benefits for your workplace injuries. But there are other options.There are accident situations where you could sue for damages that were caused by your injuries. Workers' compensation statutes in most states, including Colorado, limit a workers' remedies for work-related injuries thus, workers' compensation coverage is referred to as the "exclusive remedy" available to an injured worker. The exclusive remedy provision is considered strong in Colorado. According to the American Bar Association If a court wishes to allow a tort action against an employer (i.e., for sexual harassment), it will make findings that the injury is not covered by workers' compensation.Īn employer who chooses not to obtain required coverage will not be protected by the "exclusive remedy" provision. If your employer does not carry workers' compensation but is supposed to under Colorado law, you could sue your employer to gain compensation to help with your workplace injuries. Workers’ compensation insurance carriers in Colorado are obligated to investigate an employee's claim, or pay the benefits he or she is entitled to under state law. If insurance companies do not perform this duty, or mislead the employee in any way, they are considered to be acting in “bad faith” and can be sued for both economic (medical costs/lost wages) and non-economic ( pain and suffering) damages.Ĭolorado allows courts, rather than state administrative agencies, to consider claims of workers' compensation bad faith. This means you can sue the insurance company when it takes the following actions: In Colorado, the insurance carrier is directly and primarily liable to the employee.Misleads an injured worker seeking compensation after a workplace injury.Makes a claim decision contrary to what their own investigation reveals.Cuts off benefits in violation of Colorado workers' compensation lawĪ case often cited in bad faith lawsuits is the Colorado Supreme Court’s decision in Travelers Insurance Co.Tries to dictate the type of medical care provided to an injured worker by medical personnel.Contradicts its own established claim practices.Does not investigate a workers' compensation claim in a timely matter or intentionally delays payment of benefits. In that case, the court ruled that the state’s workers’ compensation laws do not preclude an employee from bringing a common law tort action against a workers' compensation insurance carrier for bad faith. The employee in the case, William Savio, had fallen from a ladder while working as a journeyman electrician for his employer. Savio sought vocational rehabilitation and training, which he claimed that his employer's workers' compensation insurance company, Travelers Insurance Co., "delayed and denied … without a reasonable basis, and at the time of delay or denial knew that there was no reasonable basis for that delay or denial." He injured his right ankle in the fall and his doctor could not determine whether or not he would ever be able to work as an electrician again. ![]() The Colorado Supreme Court concluded that the Workmen's Compensation Act did not bar Savio's common law action against Travelers for bad faith processing of his workers' compensation claim. ![]() Remember that workers’ compensation can be useful, but the amounts can be quite low and you don’t get paid for your pain and suffering. It’s smart to talk to an attorney who knows personal injury law and workers’ compensation law for Colorado. ![]()
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