Blog Post

Settling Workers' Compensation Claims In Colorado

Posted by: Michael Kaplan
April 03, 2009
Topic: Workers' Compensation

Settling one's workers' compensation case in Colorado can be quite daunting when considering that in exchange for a certain sum of money, the injured worker will give up any and all future workers' compensation rights and benefits as it pertains to their instant case.

The unknowing injured worker can easily fall prey to employers and workers' compensation carriers who understand the ins and outs of settlement and are quite savvy when it comes to understating and undervaluing the settlement. On the other hand, because injured workers have difficulty truly valuing their workers compensation claim and have little to no experience negotiating with big business, they are completely disadvantaged when entering into settlement negotiations.

After speaking with workers' compensation insurance adjusters who negotiate with pro se (non-represented) individuals, there are three common mistakes individuals make:

First, injured workers' should consult with an attorney to get a better understanding of their case and what it is worth; Two, injured workers don't understand the risk versus benefit factor when contemplating settlement; and Lastly, many injured workers' believe that the Workers' Compensation Act provides compensation benefits for pain and suffering, which it does not. A telling statistic, authored by the Department of Employment and Labor, is that individuals who are represented by an attorney receive, on average, $16,914 more than those who are not represented.