Understanding Travel Status and Workers’ Compensation Coverage in Colorado
If you are traveling for work and you are injured, it most likely a compensable claim and you are entitled to benefits and compensation for those injuries. However, insurance companies and employers love to deny these claims, even when its clear you are on travel status. Colorado law does not draw a distinction about where you were injured when you are seeking workers’ compensation benefits. Injuries that happen while you are traveling for work are legitimate and valid, you are entitled to benefits and compensation for your injuries. The workers’ compensation lawyers at The Frickey Law Firm specialize in workers compensation claims, they can navigate the workers compensation arena and get you the benefits and compensation you deserve.
Where you suffer a job-related injury and what you were doing at the time would bear on whether you are eligible for workers’ compensation benefits. Being away from your physical workspace is not a bar to getting the benefits you need and deserve. You may still be entitled to workers’ compensation benefits when you are on travel status. When traveling for work, if you are injured, you do not need to be actually “working” to be covered and entitled to benefits and compensation. For example, if you are away traveling for work, and you slip and fall in your hotel room after dinner, that is a covered workers compensation claim. The insurance company may try and deny it, but its a compensable claim and you are entitled to benefits and compensation.
Contact the workers’ compensation lawyers at The Frickey Law Firm for help with any issues related to your claim, including a settlement or filing an appeal. We know the tricks that insurance companies use to deny you benefits, and we are prepared to combat them at every turn. If you are injured at work or while traveling for work, call us today.
You Can File a Workers’ Compensation Claim So Long as You Were on the Job
Workers’ compensation benefits are not just limited to situations when you are injured on the physical premises of your employer. You may be entitled to claim workers’ compensation when you are away from your actual work location. Everything depends on the facts and circumstances of your situation. However, the insurance company will always want to know exactly what you were doing if you were injured when traveling from your workplace.
In general, the coming and going rule would keep you from being able to receive workers’ compensation benefits when you are commuting to and from work. However, not in all cases, these cases are fact driven and you still maybe entitled to benefits and covered if injured while going to or coming from work. There are some factual questions when you are on the premises of your employer, but you were not actually working at the time of your injury. For example, you could have slipped on the ice or snow when walking to or from your car. These cases generally are compensable and you are entitled to benefits. Once you are past your employer’s doorstep, you would metaphorically be on the job and entitled to benefits if injured..
You Are Still Working When You Are Traveling
When you are away from your work premises at the behest of your employer, you would be considered to be on the job for purposes of claiming workers’ compensation benefits. You could have been sent on a specific assignment, such as running an errand, or your job could require you to be out on the road for longer stretches. You could even be sent out of the state or country on business travel, and the rule is the same. Again, these are cases that insurance carriers and employers love to deny. These are compensable injuries and you are entitled to benefits.
This rule would apply to practically any type of injury that you have suffered when you are on travel, whether it is a car accident or a slip and fall. The no-fault principle that applies to other types of workers’ compensation cases would also allow you to receive benefits if you were to blame for your own injuries. For instance, if you made an illegal turn and were injured in a car accident, you would not be prevented from receiving workers’ compensation benefits.
You May Be Able to File a Third-Party Lawsuit
Injuries that occur off-premises lead to a different set of considerations. The rule in Colorado is that you cannot sue your employer under practically every circumstance. However, you can sue a third party who was responsible for your injury, potentially leading to more compensation in a negligence lawsuit. If you have been injured when you are traveling, there is a chance that someone who is not your employer could be liable for your injury, and you may be able to sue them. In the meantime, you can claim workers’ compensation benefits. In this scenario, you essential have two separate claims, you have a workers compensation claim to which you are entitled to compensation and benefits, and you have a 3rd party claim against the person or entity that cause your injuries. The Frickey Law Firm specializes in both workers compensation injuries and 3rd party liability claims and can handle both law suits.
Contact a Colorado Workers’ Compensation Law Firm Today
All you need to do to get help with your potential claim, or with the appeal of a denial, is to contact an experienced Colorado workers’ compensation attorney at The Frickey Law Firm today. You can schedule a free initial consultation by visiting us online or by calling us today at 303-237-7373. The call and consultation is always free and we don’t collect any fee unless we win.
Adam M. McClure was recently selected for membership in “The National Trial Lawyers: Top 40 Under 40” organization, making him one of only 40 Colorado lawyers to be awarded this honor. Mr. McClure is an exceptional litigator. He has been a key member of The Frickey Law Firm since 2003. Learn more here.