I work as a ski instructor. While working I was hit by another skier and received a fractured tibia plateau. I am almost 8 weeks away from surgery. I am unsure where to begin with workers compensation. I do not entirely understand the process and what workers comp expects from me.
I have been told by several of my close friends that there is another side of my situation in regards to the girl who hit me. Do I pursue her?
I would hate to be 10 years down the road and facing more medical bills and be unable to take care of myself. It seems to me that only time will give me answers in regards to workers comp fulfilling my long-term needs. My thought is, if medical problems persist, then I will pursue the individual who hit me.
I’m looking for any direction and information you can provide about my situation and options. Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
As an injured worker you are required to report your injury to your employer within four (4) days after the accident occurred.
Colorado Workers Compensation law does not require injured workers to fill out any forms to comply with the notification requirement. Instead, just write or type on any available paper the time and date of the accident and an explanation of how the accident occurred.
Once you’ve reported your injury, your employer has ten (10) days to notify the workers comp insurance company. Your employer will make such notification by filing an “Employer’s First Report of Injury.” You are not required to take any other action.
At that point you may choose from one of two medical providers whose names and contact information will be given to you by your employer, or your employer’s workers comp insurance company. The doctor you choose will be referred to as the “Authorized Treating Physician.”
Your workers compensation benefit, including medical treatment and medical supplies will provided to you, along with payment of about 2/3 of your lost wages during the time you are unable to work.
Technically, you may seek additional compensation from the skier who caused your injures, however to succeed you will have to show the skier was negligent, or that the skier intentionally injured you. That may be very difficult to do, especially as you were an instructor, and the skier who crashed into you clearly did so unintentionally.
Your best interests will be served by continuing to seek the required medical treatment. If you have any further questions go to Colorado’s Department of Labor and Employment website.
Learn more here: Third-Party Lawsuits and Workers' Comp
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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