Gov. Hickenlooper signs Uninsured Employer Act

Jun 08 2017

When it comes to the issue of who is required to carry workers’ compensation insurance, the law here in Colorado is explicit: all employers are required to carry this coverage for their employees absent a few specific exclusions. Furthermore, the law declares that both full-time employees and part-time employees are protected by this mandatory work comp coverage, and that neither classification of worker can be required to contribute any portion of their wages toward premiums. As we’ve discussed on our blog, those employers who fail to abide by this requirement can be fined up to $250 by the Division of…

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I Was Fired After a Work Injury. Now What?

Jun 01 2017

It is illegal to fire someone for filing a workers’ compensation claim — and surprisingly common. Some employers break the law. Others watch their injured workers like hawks, making sure they follow every rule, hoping there will be grounds to fire them. Whether you were let go because your injury prevents you from working, or your employer retaliated against you for filing a claim, you can still recover workers’ compensation. Call 303-993-8882 for a free consultation. What Should I Do? Follow these steps to protect your rights and financial security: Retain an attorney as soon as possible. At Alverson +…

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Are employers sacrificing workplace safety to meet earnings expectations?

May 31 2017

You don’t need to have a doctorate in economics or a master’s degree in business administration to know that the primary objective of any private sector enterprise is to turn a profit in a given year. As painfully obvious as this is, what might not be quite so obvious is the method that organizations use to determine their annual financial success. While avoiding losses and meeting last year’s earnings are important, experts indicate that the benchmark by which more and more businesses are now measuring performance in a given year is their ability to meet earnings expectations or analyst forecasts….

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Your job could be safer: Beverage and food delivery

May 26 2017

Very few of us can grow all of our own food and make all of our own favorite drinks. That doesn’t matter in this day and age because we know we can go to the restaurant across town or the grocery store down the street to get everything we need to be well fed. Yet, while we know to praise the farmers that grow our food, we often forget everyone else that is working hard to help us put dinner on the table. Food and beverage delivery drivers take risks every day of their lives — lifting, loading and driving —…

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Will filing a workers’ comp claim hurt my employer?

May 24 2017

Maybe your boss is your friend, or you work for a mom and pop shop. Maybe you happen to like your employer. Or maybe you are just a nice person. In any case, if you are worried that you will harm your employer by bringing a workers’ compensation, rest assured: You won’t. To operate a company in Colorado, your employer must carry workers’ comp insurance. Unless your employer is breaking the law and doesn’t have coverage, your claim will be against its insurance company, not the employer. The workers’ compensation system protects employers, too. The workers’ compensations system was created,…

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Understanding the heat-related illnesses that can affect workers

May 24 2017

While most view the Memorial Day holiday weekend as a time for both remembrance and relaxation, it’s important not to forget that it also serves as the unofficial start of summer, meaning it won’t be long until the temperature starts to rise. The reality of warmer temperatures and sunny skies is understandably a welcome proposition to those of us who live in colder winter climates. However, with this return to 80- and 90-plus degree days comes certain dangers, especially to those men and women who must work outside from oil, gas and refinery personnel to builders, landscapers and farm workers….

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Decision in Case: Pueblo County, CO and County Technical Services, Inc. v. Industrial Claim Appeals Office

May 18 2017

Today, the Colorado Court of Appeals issued a decision in the case of Pueblo County, CO and County Technical Services, Inc. v. Industrial Claim Appeals Office; W.C. No. 4-911-673 upholding a lower court’s decision that an injury sustained while attending a union meeting is compensable under the Colorado Workers’ Compensation Act. The decision announces a significant change in CO law. Previously, injuries sustained while employees attended Union meetings were not compensable. Union activities were considered solely for the benefit of the Employee and as such not considered part of the work contract. Thus, injuries sustained in attending Union meetings were…

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Can you reopen a work comp claim?

May 18 2017

When a worker suffers an injury that leaves them completely disabled for a short period, he or she can look to temporary total disability benefits to help alleviate some of the inevitable financial hardship. Similarly, when an injured worker is only able to perform modified duties with reduced hours or reduced wages, he or she can look to temporary partial disability benefits. As encouraging as this is, questions naturally arise as to what happens if an injured worker discovers that they will require additional temporary disability benefits and/or medical care after their claim has been effectively closed. Can I reopen…

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Work comp laws protect guest workers, a vital part of Colorado’s agricultural industry

May 18 2017

As guest workers begin to come back to Eastern Colorado to help our farmers, it’s a good time for a reminder: temporary and seasonal agricultural workers are eligible for workers’ compensation. This is true even if they are here on a temporary H-2A classification or are undocumented. “We need guest workers” So goes the plea of many Colorado farmers who face a labor shortage. Farmers have trouble competing with the wages of similar labor-intensive industries such as the construction industry. That means fewer applicants, fewer hires and longer hours. Farm owners often look to fill the gaps in their workforces by…

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Will bill calling for greater discretion in work comp fines pass?

May 09 2017

Under Colorado law, those businesses found to be lacking the necessary workers’ compensation coverage for the first time face fines of up to $250 per day, with this amount jumping to between $250 to $500 per day for repeat offenders. While this might not seem like much, the reality is that the balance of the fines can get very high, very quickly — sometimes with the offending outfit unaware that they have done anything wrong and, once discovered, unable to do anything about it.  To illustrate, consider the experience of a Denver-based motel operator fined for failing to carry work…

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