If you’ve sustained a workplace injury in Denver, you may be wondering whether you can recover pain and suffering damages through a workers’ compensation claim. However, it’s not a simple question and requires understanding the legal boundaries for such cases.
Workers’ compensation may provide valuable support for injured workers, including medical benefits and lost wages, but it does not operate the same way as a personal injury claim.
In most cases, pain and suffering and other non-economic damages are not recoverable under Colorado’s workers’ compensation system, but there are exceptions.
Understanding Workers’ Compensation in Colorado
The workers ‘ compensation system in Colorado is a no-fault system, meaning that injured employees are eligible for benefits regardless of who caused the injury.
Almost all Colorado employers are required to carry workers’ compensation insurance to provide coverage for employees who suffer work-related injuries, including occupational illness or accidents.
Even workers’ compensation insurance companies might not help if victims cannot prove their pain to recover compensation.
Similarly, if the same accident has occurred before, you might not get as much money as you were aiming for. After all, damage caps are a major factor in such cases:
What Workers’ Compensation Covers
Workers’ compensation benefits in Colorado are designed to support injured workers without requiring them to prove fault. These benefits are limited to economic losses, leaving out non-economic relief like pain and suffering.
1. Medical Care and Medical Bills
Workers’ compensation covers all medical treatment necessary to diagnose and heal the primary injury from a workplace accident. This includes hospital visits, prescriptions, surgeries, therapy, and other related medical expenses.
All care must be authorized by the employer’s insurance carrier, and using an unauthorized medical provider may result in denied coverage. Keep documentation for every medical service to ensure you receive full benefits.
2. Lost Wages Based on Average Weekly Wage
If you cannot return to work due to your physical injury, you may receive temporary wage replacement calculated from your average weekly wage. These payments usually cover about two-thirds of your lost income, capped under Colorado law.
Wage replacement ensures that injured workers can sustain themselves while recovering, though it doesn’t compensate for pain and suffering or intangible damages.
3. Permanent Partial or Permanent Disability Benefits
If your injury results in long-term impairments, such as permanent physical impairment or long-term disfigurement, you may be eligible for permanent disability benefits.
These benefits are calculated based on the severity and location of the impairment. Permanent partial disability supports workers who can still work in some capacity, while total disability benefits apply to those unable to return to any employment.
4. Total Disability Benefits
Workers suffering from the most severe workplace injuries may qualify for total disability benefits, which provide long-term financial support. These benefits aim to replace income when an injured worker cannot engage in any work-related duties.
Compensation continues as long as the doctor determines the employee is unable to work, ensuring essential financial assistance for those with permanent impairments.
5. Death Benefits for Surviving Family Members
If a work injury leads to death, surviving dependents may receive death benefits under workers’ compensation insurance.
These benefits include a portion of the deceased worker’s average weekly wage, coverage for funeral costs, and continued support for spouses or minor children.
Colorado law ensures that families suffering from fatal job site accidents are not left without monetary benefits.
These monetary benefits are designed to support recovery but exclude intangible damages like emotional distress, physical pain, orlong-termm disfigurement. Similarly, the compensation for remote or out-of-state workers also varies based on the state, the profession of the individual, and the company they work for.
Can You Recover Pain and Suffering?
Pain and suffering damages can be complicated to understand for someone with no prior experience with such cases. But here’s what you need to know about it:
Pain and Suffering Are Not Included in Workers’ Comp
Under Colorado law, workers’ compensation benefits do not include pain and suffering damages. That means you won’t receive compensation for emotional distress, intangible damages, or non-economic loss resulting from the trauma of your work injury.
Why the Exclusion Exists
The exclusion is part of the tradeoff in the no-fault system. While injured employees receive medical treatment and wage replacement without having to prove employer fault, there’s more.
They give up the right to sue their employer for personal injury or pursue punitive damages in most cases.
When You Can Recover Pain and Suffering in Colorado
While pain and suffering aren’t available through workers’ comp, injured parties may pursue damages through a personal injury lawsuit in limited circumstances:
1. Injuries Caused by a Third Party
If your injury occurred due to the negligence of someone other than your employer, like a contractor at the job site or another driver in a car accident while working, the case might change.
You may be able to file a personal injury lawsuit and recover pain and recover damages not available under workers’ comp.
2. Intentional Misconduct by Employer
If your employer acted with intent to harm, you may bypass the workers’ compensation system and sue directly. These cases are rare but allow recovery of compensatory damages, including pain and suffering.
3. Medical Malpractice During Treatment
If a medical provider or clinic caused further harm during treatment for a work-related injury, a separate medical malpractice case may allow you to pursue non-economic damages.
Even unemployment insurance and workers’ compensation claims are a crucial element of such cases. Therefore, we recommend learning more details about them before moving any further.
What About Pain and Suffering In Denver Workers’ Comp from Independent Contractors?
Generally, independent contractors are not covered by workers’ compensation insurance unless specifically added. If injured, they can potentially file civil actions and pursue full personal injury cases for medical malpractice. This includes claims for pain and suffering, emotional distress, and economic damages.
Why You Should Speak to a Lawyer
People often undermine a personal injury lawyer’s role in employment cases to recover pain and suffering in a Denver workers ‘ compensation case. However, here’s how this can be beneficial for your case.
1. Get a Free Consultation
A qualified employment or personal injury lawyer in Denver can review your case in a free consultation and determine whether you’re eligible for more than just workers’ compensation benefits.
2. Understand Your Legal Options
You may have additional legal options, especially if a third party or unsafe workplace condition contributed to your primary injury.
3. Support for Filing the Right Claim
An employment attorney with experience will help you file the proper claim—whether a workers’ compensation claim, personal injury claim, or both—based on how the injury occurred and who was at fault.
Final Thoughts
While workers’ compensation in Colorado helps cover medical expenses and lost wages, it does not allow you to recover the same amount of compensation you might receive in a personal injury lawsuit. Understanding the limits and possibilities for pain and suffering damages is crucial if you’ve been hurt on the job.
Recover Pain and Suffering In Denver Workers’ Comp Case With BLG
Get in touch with an experienced employment attorney today at BLG to explore your rights and pursue all the compensation you may be entitled to. We can help you recover pain and suffering in a Denver workers’ comp case.
1-800-870-8910