Find Workers Compensation Lawyers Near You in Aurora, CO

The cost of hiring a workers compensation lawyer in Colorado is typically structured as a contingency fee, meaning the lawyer takes a percentage of the benefits you recover. This percentage usually ranges from 20 to 25 percent, though it can be higher if the case goes to trial or involves complex appeals. For example, on a $50,000 settlement, the fee might be $10,000 to $12,500. Some lawyers may charge a flat fee for specific services, such as reviewing a settlement offer, but this is less common. There are generally no upfront retainer fees, and the lawyer covers case expenses, which are later deducted from your recovery.

It is important to note that Colorado law caps attorney fees in workers compensation cases at 25 percent of the total benefits recovered, unless the Industrial Claim Appeals Office approves a higher amount. Additionally, if your case involves ongoing benefits rather than a lump sum, the fee may be paid as a percentage of each benefit payment. You should always discuss fee arrangements in writing before hiring a lawyer. This information is general and does not constitute legal advice. For specific guidance on costs, consult with a qualified attorney in your area.

Workers compensation is a form of insurance that provides wage replacement and medical benefits to employees who suffer injuries or illnesses arising out of and in the course of their employment. In Aurora, Colorado, this system covers a broad range of workplace incidents, including on-the-job injuries such as falls from ladders, machinery accidents, and burns. It also extends to occupational diseases like asbestosis or silicosis, which develop over time due to exposure to hazardous substances. Repetitive stress injuries, such as carpal tunnel syndrome or chronic back strain from repetitive lifting, are also compensable. Construction accidents are particularly common in Aurora given the city's ongoing development, and these can involve scaffolding collapses, trench cave-ins, or electrocutions. Colorado law requires nearly all employers to carry workers compensation coverage, even for part-time or seasonal workers, with few exceptions such as certain agricultural laborers or independent contractors who meet specific criteria.

Colorado's workers compensation laws are governed by the Colorado Workers' Compensation Act, codified in Title 8 of the Colorado Revised Statutes. Under this law, any employer with one or more employees, including part-time workers, must carry workers compensation insurance. This includes sole proprietors who hire even a single worker. The benefit calculation formula is based on the employee's average weekly wage, which is typically calculated by averaging wages over the 52 weeks before the injury. Temporary total disability benefits are set at two-thirds of the employee's average weekly wage, subject to a maximum weekly benefit amount. As of 2024, the maximum weekly benefit for temporary total disability is $1,218.00, and this amount adjusts annually based on the state average weekly wage. The Colorado Division of Workers' Compensation, part of the Department of Labor and Employment, oversees the system, and the Industrial Claim Appeals Office handles disputes.

The types of benefits available under Colorado workers compensation include temporary total disability (TTD) benefits, which are paid while the employee is healing and cannot work at all. These benefits continue until the employee reaches maximum medical improvement (MMI), meaning their condition has stabilized and further improvement is unlikely. Permanent partial disability (PPD) benefits are available if the employee has a permanent impairment but can still work in some capacity. The amount is determined by a physician's impairment rating, using the American Medical Association Guides, and is paid as a percentage of the TTD rate for a set number of weeks. Permanent total disability (PTD) benefits are for employees who cannot return to any substantial gainful employment, and they provide two-thirds of the average weekly wage for life. Medical benefits cover all reasonable and necessary medical treatment related to the injury, with no copays or deductibles. Vocational rehabilitation may be offered if the employee cannot return to their previous job, including retraining or job placement assistance. Death benefits are paid to dependents if a workplace injury results in death, covering funeral expenses up to $10,000 and weekly benefits to surviving spouses and children.

The claims process in Colorado begins with the employee reporting the injury to their employer as soon as possible, but no later than four days after the injury. The employer must then file a First Report of Injury with their insurance carrier within 10 days of receiving notice. The insurance carrier has 20 days to accept or deny the claim. If the claim is accepted, the employee may be required to attend an independent medical examination (IME) conducted by a physician chosen by the insurance carrier. The IME is used to verify the extent of the injury and the need for treatment. Once the employee reaches maximum medical improvement (MMI), the physician assigns an impairment rating, which determines eligibility for permanent disability benefits. Settlement options include a lump sum payment, which closes the claim permanently, or a structured settlement, which pays benefits over time. Lump sum settlements are common for smaller claims, while structured settlements may be used for larger, long-term disability cases.

Disputed claims occur when the insurance carrier denies the claim, often for reasons such as the injury not being work-related, the employee failing to report the injury on time, or the injury being caused by the employee's intoxication or willful misconduct. In Colorado, the appeals process begins with a request for a hearing before the Division of Workers' Compensation. The employee must file an application for a hearing within two years of the date of injury or the date benefits were last paid. The hearing is conducted by an administrative law judge, who reviews evidence such as medical records, witness testimony, and the IME report. If either party disagrees with the judge's decision, they can appeal to the Industrial Claim Appeals Office, which reviews the case for legal errors. Further appeals can go to the Colorado Court of Appeals and eventually the Colorado Supreme Court. The Workers' Compensation Commission, now part of the Industrial Claim Appeals Office, plays a role in setting policies and reviewing decisions.

Third-party claims provide an avenue for additional compensation beyond workers comp. If a workplace injury is caused by a defective product, such as a faulty power tool or a malfunctioning crane, the employee can sue the manufacturer under product liability law. Similarly, if a negligent third party, such as a delivery driver from another company or a subcontractor on a construction site, causes the injury, the employee can file a personal injury lawsuit. These third-party claims are separate from workers compensation, but Colorado law requires the employer or its insurance carrier to be reimbursed from any third-party recovery for the benefits they have paid. This is known as subrogation. For example, if an employee receives $50,000 in workers comp benefits and then wins a $200,000 third-party settlement, the insurance carrier is entitled to recover the $50,000 from the settlement proceeds. The employee keeps the remaining $150,000, minus attorney fees and costs. This interaction can be complex, and it is important to understand how third-party claims affect workers comp benefits.