You work hard to keep your Denver business thriving and a key factor in your organization’s success is workplace safety.
When accidents do happen, the associated workers’ compensation claims can take an unfortunate toll. The Colorado Department of Labor and Employment administers the state’s workers’ compensation program, but the same laws that protect workers also provide potential defenses to employers. If you believe an employee’s claim is questionable. talk to an experienced attorney at the Thomas Law Firm about your options.
Employee Eligibility
Though most Colorado employers must carry workers’ compensation for covered employees, there are some limited exceptions to which workers are eligible. For instance, if your business partner, a corporate officer of your company, or an independent contractor files a claim, you may have a defense.
Failure to Notify
An injured employee has four days from the date of an accident to provide notice to you regarding his or her injuries. This time limit also applies for workers who claim that the workplace environment was the cause of an illness: Employees have four days from the date of diagnosis or discovery of a medical condition to notify you. The time restriction may not be a complete defense to a claim for workers’ comp benefits, but it may limit your liability for the number of days the employee delayed in providing notice.
No Connection to Work-Related Tasks
To qualify for workers’ compensation benefits, an employee must establish that the injury occurred while performing work for the employer; likewise, workers who claim a work-related illness must show a link between the medical condition and workplace conditions. If the employee was injured outside the scope of employment, you have a defense to the workers’ comp claim.
Scope of employment often comes up in connection with auto accidents under the “coming and going” rule: A worker who is injured while commuting to or from the job site is not eligible to receive workers’ compensation benefits. Still, there are multiple exceptions to the general rule, such as where the employee:
- Drives a company vehicle and receives reimbursement for travel expenses;
- Is injured in a car while on company property, such as the parking lot or private roads;
- Travels to different job sites as part of his or her job; or,
- Who is primarily employed to provide transportation, including bus drivers, limo drivers, chauffeurs, and similar workers.
Under Colorado law, it is important to review the totality of the circumstances to determine whether there is a sufficient connection between the work and the injury.
Fraud
An unscrupulous employee may engage in fraudulent acts when filing for workers’ compensation benefits and, not only is it a crime, but this conduct is a defense. Investigators may determine that the worker:
- Made false statements or representations;
- A decision on the claim was based upon these falsehoods, such that they were material to the claim; and,
- Made false statements with the intent to defraud.
While it is up to proper authorities to investigate and prosecute fraud in workers’ compensation claims, you can help your defense by alerting officials to any indications of misconduct.
Contact a Denver Lawyer Regarding Workers’ Compensation Defense Options
You must comply with your obligations under Colorado’s workers’ comp laws, but you do have options to defend against improper claims by employees. For more information, please contact the Thomas Law Firm to schedule a consultation regarding your circumstances.
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Civil Practice Areas
When a victim is injured and claims that your organization is responsible, you want to do all you can to protect your investment. Fortunately, there are multiple defenses available under Colorado law, which may defeat the plaintiff’s claim or reduce the compensation he or she can recover.
Auto Accident Liability Defense Lawyers
Car accidents are disturbingly common, but they can have a serious impact if your Denver business is implicated in the incident. Victims often go for the “deep pockets” of organizations, especially when the amount of the claim is higher than your insurance coverage.
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Employment Lawyers
Whether you own a business in Colorado, California, or Alabama, there are state and federal regulations to which you must adhere. If you violate a law, are responsible for an injury, or violate a person’s rights, you may find yourself the victim of a lawsuit. To protect yourself in the event of a lawsuit, have a Denver business employment lawyer on retainer. Call the Thomas Law Firm to learn more about our practice and how we can help you.
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Non-compete Agreement Lawyers
A non-compete agreement is an agreement between an employer and an employee that the employee will not seek employment with a competing employer or start a competing business after employment ends. Non-compete agreements are designed to protect employers in the form of commitment from employees and to protect employers’ investment in employees.
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Premises Liability Defense Lawyers
As a Denver business owner, you have a duty to maintain your property in a safe condition and to remedy any hazards that may cause a risk of injury to people who enter.
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Workers Compensation Defense Lawyers
You work hard to keep your Denver business thriving and a key factor in your organization’s success is workplace safety. When accidents do happen, the associated workers’ compensation claims can take an unfortunate toll.
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Wage and Hour Business Lawyer
As a Denver business owner, there are several laws and regulations by which you must abide, otherwise you risk losing money and damaging your business’s reputation. Many of those laws have to do with wage and hour disputes. The best way you can avoid wage and hour disputes is by partnering with a Denver business attorney prior to hiring employees.
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Over 67 years of legal experience
When contacting our offices one of the first questions people will often ask our defense attorneys is “What is the chance of winning a case in Colorado?” Every case is unique and presents a different set of circumstances. For example, a case in Aurora would be defended differently from a case in Denver, or a case in Lakewood. However, the sooner you contact a lawyer, the greater your chances are of getting a favorable outcome. Our attorneys have the combined experience of handling thousands of cases throughout their careers.