Unique Aspects of Aurora Workers’ Compensation Cases
If you have been injured at work, you may qualify for workers’ compensation benefits. These benefits could help you with your recovery and paying the bills while you miss work. A dedicated lawyer who is knowledgeable about the unique aspects of Aurora workers’ compensation cases could help you. Reach out to a dedicated workers’ compensation lawyer today.
What Differentiates Workers Compensation Cases From Other Personal Injury Cases?
What differentiates workers’ compensation cases from other personal injury lawsuits is that workers’ compensation is a no-fault case. It does not matter if the worker got hurt because it was the employer’s fault, their own fault, or no one’s fault. Either way, the worker gets compensated. A worker just must be injured on the job in the course and scope of their duties. By comparison, a personal injury claim is based on fault. To recover compensation in a personal injury case, the claimant must establish negligence and show that the defendant’s negligence is what caused their injuries.
Common Causes of Work Injuries
Some of the most frequently seen causes of injuries at work are when an employee is involved in dangerous employment involving heavy lifting like manufacturing, construction, and nursing jobs. Other causes of work injuries include oil and gas jobs, transportation occupations like trucking, and any jobs where there is physical activity is involved.
Some of the most common conditions that qualify a person for workers’ compensation are serious injuries to the back, neck, shoulders, knees, and ankles.
How Workers’ Compensation Cases in Colorado Differ From Other States
One of the unique aspects of workers’ compensation cases in Aurora is that the laws may be different than in other jurisdictions. The laws regarding workers’ compensation vary in all 50 states. For instance, in some of the southern states, the workers’ compensation laws are more liberal. Some states offer better compensation than others, while Colorado is somewhere in the middle.
Also, employer requirements differ. If a person thinks that having moved from one state to Colorado makes them safe in making a claim, they may be making an assumption at their peril. They need to check with an attorney to make sure they are conforming to all the laws of the State of Colorado because the laws in all the states vary drastically.
What is Assigned Risk?
The term assigned risk is used in workers’ compensation law. Assigned risk is when businesses that have had an unsatisfactory loss performance or employees that performed hazardously functions that voluntary insurance companies would not insure them, are assigned to an insurer.
In the State of Colorado, every employer, excluding employers that only have one employee, have to obtain workers’ compensation insurance. Some employers have more risky businesses than others. For example, compare the construction trade, like ironworkers to an office worker. They are going to be doing more high-risk work. Their job may be so risky that they are unable to obtain insurance in Colorado because no private insurer wants to cover them. They have to go to the state insurance company that has been set up by the State of Colorado to insure that employer.
Workers Compensation Regarding Public and Private-Sector Employees
Workers’ compensation differs for federal employees as opposed to private-sector employees because federal employees fall under federal law for workers’ compensation. Employees that are not employed by the federal government fall under Colorado state law. If someone is a postal worker and gets injured on the job, they have to file their claim through federal workers’ compensation. If they are a construction worker working for a private company in the State of Colorado, they are under Colorado workers’ compensation law. Federal employees are exempted under their own jurisdiction of workers’ compensation claims.
Contact an Aurora Lawyer About the Unique Aspects of Workers’ Compensation Cases
Understanding the unique aspects of Aurora workers’ compensation cases could help you with your claim. Reach out to a seasoned attorney today to set up your consultation.
