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When does workers compensation begin paying benefits in Colorado?

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Workers’ compensation can be a confusing process for employees facing a workplace injury. This is the worst time to find yourself trapped between your employer, an insurance company and government regulations. For workers in this situation, you are desperately trying to understand how to get yourself medical care and financially support your family. Unfortunately, many injured workers find themselves lost with an employer and insurance company trying to avoid paying work comp benefits. To protect yourself, you should talk to an experienced workers’ compensation lawyer right away to make sure you get the benefits due under Colorado law as quickly as possible.

What benefits does Colorado workers’ compensation pay to injured workers?

Workers’ compensation in Colorado and other states pay injured workers different forms of benefits depending upon the type of injury, length of work restriction and degree of disability. Benefits may range from a few days to a lifetime for permanent injuries. Work comp benefits may include:

  1. Medical Benefits:
    • Coverage for all necessary and reasonable medical treatment related to the work injury or illness.
    • Payments for doctor visits, hospital stays, surgeries, medications, physical therapy, and other medical expenses.
  2. Temporary Disability Benefits:
    • Compensation for lost wages during the period of recovery when the injured worker is temporarily unable to work.
    • Generally, temporary disability benefits are two-thirds of the average weekly wage, subject to a maximum limit set by the state.
  3. Permanent Disability Benefits:
    • If the injury results in a permanent impairment, workers may receive compensation for permanent disability.
    • The amount is based on the nature and extent of the disability, the worker’s age, and the average weekly wage.
  4. Vocational Rehabilitation:
    • Assistance for injured workers who need retraining or rehabilitation to return to suitable employment.
    • This may include vocational training, education, and job placement services.
  5. Death Benefits:
    • If a work-related injury or illness results in death, the dependents of the deceased worker may receive death benefits.
    • This typically includes compensation for funeral expenses and a percentage of the worker’s average weekly wage.
  6. Mileage and Travel Expenses:
    • Reimbursement for reasonable and necessary travel expenses incurred for medical treatment related to the work injury.
  7. Disfigurement Benefits:
    • Compensation for permanent disfigurement or scarring resulting from a work-related injury.
  8. Lost Wage Benefits for Specific Injuries:
    • In some cases, specific injuries or disabilities may entitle the injured worker to additional benefits, such as dismemberment benefits or specific loss benefits.

It’s important to note that workers’ compensation is a no-fault system, meaning that employees are generally entitled to benefits regardless of who caused the workplace injury. However, in exchange for these benefits, employees typically give up their right to sue their employer for negligence in most cases. The specific details of workers’ compensation benefits can vary, so it’s advisable for workers to familiarize themselves with the regulations in their state and consult with their employer or legal counsel if needed.

When can I begin receiving work comp benefits in Colorado?

One common question experienced workers compensation lawyers in Colorado receive is: when do I start receiving benefits? This is an important issue for injured workers who often rely on a consistent paycheck to financially support their families. Most benefits begin shortly after your workplace injury, but may require you to take action to invoke your right to benefits.

You may receive medical benefits immediately for your injury. If you are injured at work, you are entitled to receive emergency care if necessary right away. You can receive reimbursement for emergency room visits even if you report the injury or treatment afterwards. If you are injured at work, you may be transported to a hospital for treatment right away. Work comp medical benefits begin paying for related treatment immediately. In situations where your injury or workplace illness is not immediate, you can seek reimbursement for medical care once the relationship to the workplace as a cause is established.

Work comp also pays lost wages for workplace injuries. Your starting date for benefits in Colorado depends on the length of your disability. If your disability lasts longer than two weeks, you can receive lost wages from the date of injury. If your disability is shorter than two weeks, you begin accruing work comp wage benefits after the first three days. These benefits pay 2/3 of your normal wages.

You will begin receiving work comp wage benefits after you report the workplace injury and establish a claim for benefits. Under Colorado law you must report a workplace injury to your employer within four days. You may have to pursue additional steps with the employer’s insurance company or the Colorado Department of Labor and Employment Division of Workers’ Compensation before you will receive benefits. For this reason, you should act as soon as practical to report your injury and establish a claim so you can receive your lost compensation as quickly as you can.

What if my employer delays or denies my workers’ compensation benefits claim?

Employers often challenge workers’ compensation benefits to avoid claims or to minimize claims. Like many other employment law claims, employers are unfortunately hostile to employee rights and employees pursuing claims under Colorado law. Your employer may try to ignore your injury report or refuse to report the injury to their work comp insurance carrier. You do not deserve to be treated this way after a workplace injury or illness. You should contact an experienced Colorado workers’ compensation lawyer immediately to make sure you receive the benefits due under Colorado law.

If your employer delays or denies your claim and you allow them to get away with it, you may lose out on wage compensation and medical care you desperately need. By delaying your claim, the employer makes it harder for you to pursue the medical care you need and make it harder to prove the consequences of your injury are a result of the workplace injury. Under Colorado law, you do not have to prove negligence or intentional bad acts like personal injury claims. You do have to prove that a workplace condition caused your injury or illness. From there, the employer’s duty under the workers’ comp statute arises and you have a right to medical care and wages under the law.

Understanding Colorado Leave Donation Programs: Your Employment Rights

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In the state of Colorado, a commendable practice is observed among several employers. They extend a helping hand to their workforce by instituting programs that allow employees to generously donate their accrued paid time off (PTO). This encompasses a spectrum of essential leave categories, including sick leave and vacation days. The intent behind these altruistic programs is twofold: they foster a spirit of camaraderie among team members while ensuring that productivity in the workplace is not compromised. They also provide employers with a mechanism to support their staff during unforeseen health or personal emergencies.

However, it is of paramount importance to recognize that when an employee avails themselves of donated leave, they are still under obligation to fulfill their core job responsibilities. This underscores the critical necessity of being well-informed about your employment rights. Consulting a seasoned Colorado employment attorney, particularly in the event of a personal injury, medical or family emergency, can be a pivotal step in safeguarding your employment. It is imperative to note that donated time off does not confer any special status with the company, nor does it afford any protection under state or federal laws while away from the workplace.

Navigating the Terrain: Donated Leave vs. FMLA

While donated leave indeed grants employees the liberty to take time off work, it is crucial to distinguish it from the Family Medical Leave Act (FMLA). The latter is one type of leave that affords federal safeguards against termination. FMLA empowers employees to take time off for legitimate medical reasons and provides a shield against job termination under federal statutes. Conversely, when an employee utilizes donated leave, they do not benefit from the same legal protection. Colorado’s employment-at-will doctrine provides employers with broad latitude, allowing them to terminate employees for any reason, except for those rights safeguarded by state and federal laws.

Proactively Securing Your Position: Strategic Measures

If you find yourself contemplating the utilization of donated leave, it is highly advisable to engage in a constructive dialogue with your employer. Seek clarity on your position and the specific expectations during your absence. Taking an active role in ensuring that your work responsibilities are thoughtfully delegated to other colleagues is a proactive approach. This might involve an element of knowledge transfer, potentially training a replacement, or meticulously documenting a comprehensive list of your duties and assisting in their allocation to capable team members. However, it’s essential to recognize that, despite these efforts, an at-will employer retains the prerogative to terminate your position for virtually any rationale.

In situations of emergency, it is a reality that there may not always be ample time to delegate your job responsibilities before availing the donated time off. Nevertheless, there is always time to reach out to a seasoned Colorado employment law attorney. They can furnish you with the nuanced insights needed to navigate your rights while judiciously utilizing your donated leave. A brief consultation with an attorney could prove instrumental in ensuring the preservation of your job upon your return to work. It only takes a few minutes, but it can make all the difference in your employment security.

Frequently Asked Questions (FAQs) About Colorado Leave Donation Programs and Employment Rights

  1. What is a Leave Donation Program?
    • A Leave Donation Program is an initiative established by employers that allows employees to voluntarily donate their accrued paid time off, such as sick leave and vacation days, to colleagues facing health or personal emergencies.
  2. Why do Employers Implement Leave Donation Programs?
    • Employers implement these programs to foster goodwill among team members, maintain productivity during emergencies, and provide support to employees facing unforeseen challenges.
  3. Do Donated Leave Programs Provide Legal Protection for Employees?
    • No, utilizing donated leave does not offer specific legal protections for employees. It is essential to understand that donated time off does not guarantee job security or provide protection under state or federal laws while away from the workplace.
  4. What is the Family Medical Leave Act (FMLA) and How Does it Differ from Donated Leave?
  5. Can an Employer Terminate an Employee Using Donated Leave?
    • Yes, Colorado follows an employment-at-will doctrine, allowing employers to terminate employees for various reasons, except those protected by state and federal laws. Donated leave does not exempt employees from termination.
  6. How Can Employees Protect Their Position When Using Donated Leave?
    • Employees should engage in open communication with their employer about their absence, clarifying expectations and ensuring that work responsibilities are adequately managed during their leave. They can take proactive steps to delegate tasks and responsibilities to colleagues.
  7. Is Consulting an Employment Attorney Advisable?
    • Yes, in cases of medical or family emergencies, consulting an experienced Colorado employment law attorney can be instrumental. They can provide valuable insights into your rights while utilizing donated leave, potentially safeguarding your job upon your return.
  8. What Steps Can Employers Take to Facilitate Leave Donation Programs?
    • Employers can establish clear guidelines for the program, communicate its benefits to employees, and facilitate a seamless process for donating and utilizing accrued leave.
  9. Can Donated Leave Affect Benefits or Retirement Plans?
    • Depending on the employer’s policies, donated leave may impact benefits or retirement plans. It is advisable for employees to consult their HR department or benefits administrator for specific details.
  10. How Can Employees Learn More About Their Employment Rights in Colorado?
    • Employees can seek information from reputable sources, including state labor boards, legal resources, and consult with employment attorneys to gain a comprehensive understanding of their rights.

FMLA and FAMLI Leave: Understanding Employee Entitlements in Colorado in 2023 and 2024

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In the realm of employee benefits, understanding and navigating the intricacies of various leave entitlements are vital for both employers and employees. In Colorado, pregnant employees have the opportunity to utilize two significant leave programs: the Family and Medical Leave Act (FMLA) and the Family and Medical Leave Insurance (FAMLI) Act. This article aims to delve into these leave programs, their interplay, and how employees can maximize their benefits to create a harmonious work-life balance.

FMLA: An Unpaid but Essential Leave

The FMLA, enacted at the federal level, provides eligible employees with up to 12 weeks of unpaid leave for various family and medical reasons. For pregnant employees, this leave becomes crucial, as it allows them to address pregnancy-related medical issues and bond with their newborn or newly adopted child. The FMLA not only ensures job protection during the leave period but also guarantees continued access to health benefits.

FAMLI: A Progressive Step towards Paid Leave

Colorado took a significant step forward by implementing the FAMLI Act, which came into effect on January 1, 2024. This state-specific program provides eligible employees with up to 12 weeks of paid leave for parental bonding in the first year following the birth or adoption of a child. The FAMLI Act marks a significant departure from the FMLA, as it introduces a paid leave component, offering financial relief to employees during critical family moments.

Coordination of FMLA and FAMLI Leave

An interesting aspect of Colorado’s leave framework is the coordination between FMLA and FAMLI. An employee who is both eligible for FMLA leave in 2023 and covered by the FAMLI Act in 2024 can potentially stack the two leaves consecutively. For instance, a pregnant employee due on August 15, 2023, can first take her full 12 weeks of unpaid FMLA leave starting on her expected due date. Subsequently, she becomes eligible for 12 weeks of paid FAMLI leave between January 1, 2024, and August 15, 2024, provided she gives birth on the expected date.

The One-Off Stacking Opportunity

This unique stacking opportunity, allowing an employee to utilize 24 weeks of family leave within one rolling calendar year, is exclusive to 2024. Employees must understand that this is a one-time exception and won’t be available for subsequent years. The FAMLI Division has clear guidelines that discourage continuous stacking of FMLA and FAMLI leaves after January 1, 2024. The intention behind the anti-stacking rules is to maintain a balanced approach to leave utilization and ensure that both employees and employers can effectively manage work responsibilities while accommodating family needs.

Long-Term Implications and Considerations of FMLA and FAMLI Act

The introduction of the FAMLI Act in Colorado is a notable step towards recognizing the importance of paid family leave. By offering paid parental bonding leave, the state aims to provide financial security and foster a supportive work environment for new parents. However, as with any new legislation, it is essential for both employers and employees to be aware of the specific rules and limitations associated with the FAMLI Act.

Planning for the Future

While the unique stacking opportunity is only available in 2024, it is an excellent reminder for employees to plan their leaves strategically. Employees expecting a child in 2023 and seeking to optimize their leave benefits should plan their FMLA leave carefully to maximize the potential benefits of the FAMLI Act in 2024. Employers, on the other hand, should educate their workforce about these changes and work collaboratively with employees to facilitate a smooth transition from FMLA to FAMLI leave.

Conclusion

FMLA and FAMLI leaves provide significant support for pregnant employees in Colorado, offering both unpaid and paid leave options for family and parental bonding. Understanding the nuances of these leave programs is crucial for employers and employees alike to ensure compliance with the regulations and to make the most of the available benefits. As the FAMLI Act marks a progressive step towards paid leave, it reinforces the state’s commitment to supporting employees in maintaining a healthy work-life balance during important life events.

As an employee in Colorado, you have rights to family and medical leave under the federal FMLA, Colorado FMLA and the FAMLI Act. Additionally, if you require medical leave for a health or medical condition that qualifies as a disability, you may have additional medical leave protections under disability discrimination laws including the federal Americans with Disabilities Act (ADA), ADA Amendments Act of 2008 (ADAAA), Rehabilitation Act and Colorado state law prohibiting disability discrimination in the workplace. If you believe your employer may have violated your rights to family or medical leave, contact a Colorado FMLA lawyer today to discuss your rights and legal options.

New Colorado Employment Laws Passed in 2023 (Update)

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Colorado has gained a strong reputation as an employee-friendly jurisdiction within the United States. One of the key contributors to this reputation is the Equal Pay for Equal Work Act, which has garnered significant attention, especially due to its wage transparency rules. These rules require employers to include specific compensation and benefits information in job postings, regardless of whether they have a remote employee based in Colorado. The Act also mandates the announcement of all promotional opportunities within a company, regardless of their location or the qualifications of individuals in Colorado.

The latest session of the Colorado legislature was focused on amending and expanding the existing employment laws to provide greater protections to workers. In May 2023, several bills were passed by the legislature and signed into law by Governor Jared Polis. These new laws bring changes to existing legislation by introducing new worker protections, modifying standards of proof, and updating record retention requirements. Let’s take a closer look at these laws:

I. Ensure Equal Pay for Equal Work Act (EEPEWA) – Senate Bill 23-105

The EEPEWA, an amendment to the Equal Pay for Equal Work Act, was signed into law on June 5, 2023, and will take effect on January 1, 2024. It expands the investigatory powers of the Colorado Department of Labor and Employment (CDLE) and modifies job posting disclosure requirements for employers. Notably, employers with no physical presence in Colorado and fewer than 15 remote employees in Colorado are exempt from detailed salary and benefits disclosures until July 1, 2029. Here are the key provisions:

A. Enhanced Protective Measures by the CDLE

Under the EEPEWA, the CDLE is mandated to create and implement systems to accept and mediate complaints related to sex-based wage equity violations. This amendment makes the protective and investigative measures of the CDLE mandatory rather than discretionary. Additionally, the CDLE is required to investigate complaints or leads on sex-based wage inequity, issue rules, and order compliance and relief if violations are found. However, this enforcement action does not prevent aggrieved individuals from pursuing civil actions. Moreover, starting January 1, 2024, individuals filing sex-based wage discrimination claims can seek back pay for up to six years, doubling the previous time limit.

B. Announcement of Job Opportunities

The EEPEWA mandates that employers take reasonable steps to ensure all “job opportunities” are announced to all employees simultaneously and before any selection decisions are made. However, employers located outside Colorado with fewer than 15 remote employees in Colorado are only required to provide notice of remote job opportunities until July 1, 2029. The CDLE will establish rules regarding temporary or interim job opportunities that require immediate hiring.

According to the new definitions in the EEPEWA, a “job opportunity” refers to a current or anticipated vacancy that an employer is considering or interviewing candidates for, or that has been publicly posted. Notably, “career development” and “career progression” opportunities are not included in the definition. “Career development” refers to changes in compensation, benefits, or job status that recognize an employee’s performance, while “career progression” involves moving to another position based on objective metrics or time spent in a role.

C. Enhanced Disclosure Requirements

The EEPEWA introduces new disclosure requirements for job opportunities, including the inclusion of the anticipated closing date of the application window in job opportunity notices. Furthermore, within 30 days of selecting a candidate, employers must make reasonable efforts to disclose specific information about the selected candidate to employees. This includes the candidate’s name, former job title (for internal hires), new job title, and information on expressing interest in similar job opportunities in the future. However, privacy rights or risks to the candidate’s health and safety may prevent some disclosures.

For positions involving career progression, employers must provide eligible employees with information about the requirements for advancement, as well as details about compensation, benefits, job status, responsibilities, and further growth.

II. Protecting Opportunities and Workers’ Rights (POWR) Act – Senate Bill 23-172

Governor Polis signed the POWR Act into law on June 6, 2023. This Act amends Colorado’s anti-discrimination laws, particularly in relation to workplace harassment. Here are the key provisions:

A. Expanded Definition of Harassment and Standard of Proof

The POWR Act introduces a new definition of “harassment” that encompasses any unwelcome physical or verbal conduct. It replaces the previous requirement of demonstrating a hostile work environment. Complainants can now select “harassment” on charge forms or intake mechanism forms related to discriminatory or unfair employment practices. The Act replaces the “severe or pervasive” standard with a standard that prohibits unwelcome harassment.

If an employee establishes harassment by a supervisor, the employer may benefit from an Ellerth/Faragher-type affirmative defense by demonstrating prompt and reasonable action in investigating or addressing the alleged harassment, communicating the details of the complaint and investigation process to supervisors and non-supervisors, and proving that the employee unreasonably failed to take advantage of the provided process.

B. Amendments to Reasonable Accommodation and Nondisclosure Provisions

The POWR Act amends a provision of the Colorado Anti-Discrimination Act (CADA) regarding reasonable accommodation for people with disabilities. The Act removes the previous language stating that employers cannot be held liable for discrimination if the disability significantly impacts the job.

The POWR Act also introduces “marital status” as a protected class in Colorado. It imposes new recordkeeping requirements, mandating the maintenance of employment records and complaints related to discriminatory or unfair employment practices.

Furthermore, the Act voids nondisclosure provisions that limit employees’ ability to disclose or discuss alleged discriminatory or unfair employment practices, except under specific conditions.

III. Job Application Fairness Act (JAFA) – Senate Bill 23-058

The JAFA, signed into law on June 2, 2023, prohibits employers from seeking age-related information, such as date of birth and educational attendance details, on initial job applications. Exceptions are allowed for certain situations, such as verifying compliance with age requirements based on safety, federal laws, or state and local laws related to occupational qualifications. The CDLE is responsible for enforcing the JAFA and may issue warnings, compliance orders, and civil penalties for repeated violations. However, individuals cannot file private actions based on JAFA violations.

IV. Additional Uses for Paid Sick Leave – Senate Bill 23-017

Signed on June 2, 2023, SB23-017 expands the acceptable uses of paid sick leave under the Colorado Healthy Families and Workplaces Act (HFWA). The new qualifying reasons include time off for grieving, attending funeral services, handling financial and legal matters after the death of a family member, caring for family members when their school or place of care is closed, or evacuating a place of residence in unexpected situations. Employers must notify employees of their rights under the HFWA and update their leave policies accordingly.

V. Expansion of Workers’ Compensation Benefits – House Bill 23-1076

HB23-1076 amends the Workers’ Compensation Act of Colorado by extending the medical impairment benefits from 12 to 36 weeks. It also allows employees, after the end of temporary total disability benefits, to request a return to regular work with a doctor’s written release. The Act is expected to take effect on August 7, 2023, but a referendum petition may result in the need for approval through a general election in November 2024.

VI. Public Employees’ Workplace Protection Act – Senate Bill 23-111

SB23-111, enacted on June 7, 2023, aims to protect public employees from retaliation. It grants them rights to discuss workplace issues, participate in the political process, and prohibits certain public employers from engaging in discriminatory or retaliatory actions. The Act provides the CDLE with rulemaking and enforcement powers. Certain sections will take effect on July 1, 2024, while the remainder is expected to become effective in August 2023, subject to a possible referendum and general election in November 2024.

These new Colorado employment laws introduce significant changes for employers and employees alike. Employers should review their policies and practices to ensure compliance with the amended laws and adapt to the evolving legal landscape. It is crucial to stay updated on any further developments or clarifications in these employment laws to effectively navigate the changing requirements.

What this means for Colorado employees

These new Colorado labor and employment laws may have a significant impact on workers across the state. Although many of these changes seem like minor technical changes, their impact on workers–and particularly plaintiffs with employment law claims–may be far larger than the technical changes to existing law. It may take years to see courts and Colorado administrative agencies flesh out rules and regulations around these new laws but changes will likely begin by the end of summer as some provisions take effect. If you have questions about your rights or potential claims under these laws, talk to a Colorado employment lawyer right away. Many labor and employment laws require workers to act in a short period of time to protect their rights to seek compensation for unlawful labor law or employment law acts.

Colorado car and truck accidents at work

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Being in a car accident is a scary and traumatic event. When that car accident happens on the job, it can add an additional layer of stress and complication. You might worry about whether you will be fired, what to do if the accident was your fault, or how to get workers’ compensation for your injuries. An experienced Denver workers’ compensation attorney can help guide you through this difficult process. If you’ve been injured or there are extenuating circumstances, an accident lawyer can help you navigate the process and understand your rights. Don’t depend on an insurance company or your employer to act in your best interests. They have their own interests in your accident case. Take the first step by contacting a workers’ compensation attorney who specializes in car and truck accident cases.

Workers’ compensation for work-related auto accidents in Colorado

Worker’s compensation is a system of benefits that provides financial assistance and medical treatment to employees who are injured or become ill as a result of their job. In most states, employers are required to have worker’s compensation insurance to cover the costs of these benefits. If an employee is injured in a car accident while on the job, they may be eligible to receive worker’s compensation benefits under the Colorado workers’ compensation statute. These benefits typically include payment for medical expenses and lost wages, as well as disability benefits if the employee is unable to return to work. Workers’ compensation claims sometimes take months or years to resolve. Delaying initiating a claim can delay treatment and make your case harder to pursue.

Personal injury lawsuits against third parties for a car accident at work

In addition to worker’s compensation, employees who are injured in a car accident at work may also be able to file a personal injury lawsuit against the responsible party. Personal injury lawsuits are civil actions that are intended to compensate the victim for the damages they have suffered, such as medical expenses, lost wages, and pain and suffering. In order to be successful in a personal injury lawsuit, the employee must be able to prove that the other party was negligent and that this negligence caused the accident and the employee’s injuries.

Employer liability for a work-related car or truck accident

In certain cases, an employer may be held liable for a work-related car or truck accident. Employers have a legal duty to provide a safe working environment for their employees and to take reasonable steps to protect them from harm. This can include providing employees with safe vehicles, proper training, and ensuring that the employees are not overworked or fatigued. If an employer fails to meet this duty and an employee is injured in a car accident as a result, the employer may be held liable for the employee’s damages.

Common injuries in a motor vehicle collision on the job

Car accidents can cause a wide range of injuries with an equally wide range of severity of those injuries. Even a moderate car crash can result in serious injuries that can take months or even years to heal. Worse, sometimes car accident injuries can have a permanent effect on your life. Common motor vehicle collision injuries include:

  • Spinal cord injuries
  • Brain injuries
  • Fractured or broken bones
  • Disfigurement and scarring
  • Neck and back pain
  • Lacerations
  • Nerve damage

It is important to treat any car accident injury seriously and get medical care promptly after symptoms develop. The longer you wait to seek treatment, the longer you may deal with your injuries and the harder it may be to obtain fair compensation for your injuries. After a car accident, an experienced attorney can assess the circumstances of the collision and determine the appropriate route to pursue medical care and compensation for a car crash on the job. You may be able to pursue a work comp claim and a personal injury lawsuit.

Contact an Experienced Colorado Work Injury Law Firm

If you or a loved one has been injured in a car accident on the job, it is important to speak with an experienced work injury law firm. An experienced attorney can help you understand your rights and options, and can assist you in pursuing any worker’s compensation or personal injury claims that you may be entitled to. They can also help you determine whether your employer may be liable for your injuries and help you take legal action against them if necessary.

Do I need to hire a workers’ compensation attorney in Denver, Colorado?

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Unfortunately, getting hurt on the job is inevitable. Nearly three million non-fatal occupational illnesses and injuries were recorded in the private sector in 2014, according to the Bureau of Labor Statistics. Employers in the private sector reported 4,679 fatal work injuries during the same time period.

Colorado’s workers’ compensation laws offer benefits to employees to pay them for medical costs, lost income, permanent disability, and disfigurement in order to ensure that injured workers receive recompense for their damages. If you are hurt at work, you should always seek the advice of a skilled Denver workers’ compensation attorney because understanding these regulations can be complicated.

What is a workers’ compensation injury in Colorado?

According to Colorado’s workers’ compensation regulations, a worker who sustains an injury, contracts a disease, or passes away while performing work-related activities is entitled to financial compensation for his or her losses.

Examples of workplace injuries resulting in workers’ compensation claims

The following are some instances where an employee may be eligible for benefits under Colorado’s workers’ compensation laws:

  • An accident that was either intentionally or unintentionally brought on by a coworker, such as when they failed to lock the ladder you used to reach the second level of a building site.
  • slipping and falling while removing items from a shelf or stacking materials.
  • a pre-existing medical issue getting worse at work because of the setting.
  • an injury brought on by an incident involving a non-employee, such as a car accident when you are delivering parts to a customer.
  • a fatality or injury brought on by the workplace, such as when an electrical wire was improperly secured by the employer.
  • becoming ill after doing a repetitive action, like carpal tunnel syndrome.

It is hard to anticipate every scenario or circumstance that can lead to a workplace mishap. The main line is that you must take action to defend your right to workers’ compensation benefits if you are hurt at work.

What are Colorado workers’ compensation benefits?

Depending on your injury and if you have a persistent condition as a result of your injury, you may be able to receive compensation for a workplace injury. Most of the time, the employer and/or the workers’ compensation insurance provider will cover all medical costs associated with the injury, and you will get temporary disability benefits based on two-thirds of your normal weekly earnings while receiving treatment for your workplace injury.

What Should I Do Right Away If I Get Hurt at Work?

Get Medical Help Right Away. Your top focus should be your health. The sooner you seek medical assistance for a potentially fatal or severely disabling injury, the greater your chances are of avoiding additional harm or loss. Have someone call emergency services, then adhere to their directions over the phone or from on-site medical professionals. Visit a doctor as soon as you can if your injuries are not life-threatening and do not require EMS.

Do I Need a Lawyer for My Workers’ Compensation Claim?

Being hurt at work can be extremely stressful because you worry about your health and how you will support your family if you are unable to work. You can get assistance from a Colorado workers’ compensation attorney as you go through the procedure of making a claim.

If you have to go to hearings and argue for your right to compensation, a workers’ compensation claim can be challenging. You need a representative to make sure that your best interests are always put first in your workers’ compensation claim, even though your employer and its insurance provider are required to abide by workers’ compensation legislation.

How do I find a workers’ comp attorney in Colorado?

Finding a workers’ compensation attorney in Denver or other parts of Colorado is not a difficult task. Any search engine can produce pages of work comp attorneys who may take your case. You can also talk to bar associations like the Colorado Bar Association that can provide referrals from their lists of law firms. Most law firms that take these cases offer free consultations.

Perhaps a more important question is how do you find the best workers’ compensation attorney for your claim? There is no exact answer for who is the best work comp attorney for you. You should consider several factors in making your decision including experience, client relationship, reviews, expertise, communication style, proximity and other factors you consider important in your decision. The good news is most work comp lawyers offer free consultations so you can talk to several law firms before you make a decision.

How long does workers’ compensation take to settle my case?

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A serious workplace injury can have serious effects on your health and your ability to financially support your family. While you recover from your injury, you may not have a way to earn an income. A workers’ compensation claim may help you get financial relief by providing income while you get medical care. Unfortunately, work comp does not pay 100% of your wages, so an important question you may have is: how long does it take to settle a workers’ compensation case?

What is workers’ compensation?

Workers’ compensation, often known as work comp, workers’ comp, or workman’s comp, is a Colorado state run program that provides financial support to workers injured on the job. Workers’ compensation in Colorado primarily pays for medical treatment for your workplace injury and pay benefits to replace some of the income lost due to your injury.

Workers’ comp is the primary legal tool to get you money for a workplace injury. Most workplace accident injuries fall within work comp under Colorado law. Some workplace injuries fall outside of the Colorado work comp system. If somebody unrelated to your employer caused your injuries, you may be able to collect work comp benefits and separate claims against the third party.

Workers’ comp in Colorado is a no-fault system. Under most cases it does not matter how you received an injury at work. If you suffered an injury at work or due to your work, your employer’s work comp coverage generally must pay benefits. Workers’ compensation applies even if you cause your own injury. For example, if you slip off a ladder and hurt yourself, you can still collect work comp benefits.

Any Colorado employer that employees at least one non-owner must carry workers’ comp coverage to protect its workers. If your employer does not carry work comp coverage, it may face consequences including:

  • Paying work comp benefits out of pocket;
  • Fines assessed by the State of Colorado;
  • Jail time;
  • Losing the right to continue conducting business in the state.

As a worker you do not have to file a workers’ comp claim for a work injury; however, if you don’t file for work comp benefits you may not be able to recover for your injuries and lost wages any other way. If you suffer a work injury and discover your employer does not have work comp coverage, talk to a Colorado workers’ compensation attorney right away.

How does workers’ compensation in Colorado work?

Workers’ compensation has a few requirements for who and when you can file a successful workers’ compensation claim in Colorado. As discussed above, workers’ comp in Colorado is a no-fault system, so you do not have to prove your employer or a co-workers caused your injuries due to intentional or negligent acts. Generally, to qualify for work comp benefits in Colorado you must meet five eligibility requirements.

  1. You must be an employee of the business;
  2. The employer must have workers’ comp coverage;
  3. The injury is work-related;
  4. The employee met the reporting and filing deadlines;
  5. The worker attends all medical care appointments and follows through on recommended treatment.

An important issue that may arise with a workers’ comp claim is whether you are an employee or independent contractor. Independent contractors are not covered by workers’ compensation. If your employer’s work comp insurance company denies your claim because you are allegedly an independent contractor, talk to a workers’ compensation attorney in Colorado. Often employers misclassify employees as independent contractors. Just because your employer says you are an independent contractor does not make it true.

What is the timeline to settle a workers’ compensation claim in Colorado?

Workers’ compensation will begin paying for medical care and lost wages shortly after filing your claim (in most cases). A claim settlement may occur down the road and different lengths of time, depending upon your treatment and injuries. This is a typical timeline for a workers’ compensation case to settle in Colorado.

The injured worker files a workers’ comp claim with the employer

Your first step after obtaining any necessary emergency medical care is reporting the workplace injury to your employer. Your employer may challenge the claim, but if they do not challenge the claim you can expect to begin to receive pay benefits within a few weeks. These pay benefits make up a portion of your average weekly pay. These payments are not a settlement. These are ongoing payments while you cannot return to work in your regular position.

You continue to obtain medical treatment until you reach maximum medical improvement

You cannot get work comp payments without attempting to heal from your injury. You will need to establish care with a physician who will recommend a treatment plan to try to get you back to work. Eventually you will reach maximum medical improvement (MMI). Maximum medical improvement means you either returned to your pre-injury health condition or your physician determined you improved as far as treatment can get you. If you do not fully heal, your doctor will give you an impairment rating.

Receive a lump sum settlement

If you receive an impairment rating, your physician determined you are partially or totally permanently disabled. You then may receive a lump sum settlement of future work comp benefits. The amount you can receive depends upon the type and severity of disability. Often it takes several months before the work comp carrier will process the request for a lump sum payment.

If you receive a lump sum settlement that fully compensates you, then your work comp case is finished.

Request a pre-hearing conference and settlement discussions

Sometimes your workers’ comp claim does not flow so smoothly.

If you disagree with the work comp insurance company about coverage, benefits, or the lump sum payment, you can request a hearing. The hearing takes place with the Colorado Division of Workers’ Compensation. Before the hearing, you (or your attorney if you hired one) and the insurance company’s adjuster or attorney can engage in settlement negotiations. If settlement negotiations reach a fair result, you may settle the claim and cancel the hearing.

During negotiations, you (or your attorney) and the insurance company’s representatives will hold a pre-hearing conference. The conference is an opportunity to talk about disputed issues and exchange documents that may help settle your case. Your case may settle at or after the conference.

Typically it takes a few months to request a hearing and receive a pre-hearing conference date. If your work comp case settles at or shortly after the pre-hearing conference, it may take six months to settle your case.

Workers’ compensation hearing with a judge

If you still cannot reach a settlement after the pre-hearing conference, it is time for a hearing with a workers’ chttps://cdle.colorado.gov/icaowcomp judge. In Colorado, workers’ comp hearings occur before special administrative judges who decide workers’ comp cases.

After the pre-hearing conference, you can request a hearing date. You can request an expedited hearing. An expedited hearing will occur within 45 days of your request. A non-expedited request may result in a hearing up to 100 days after your request. After your hearing, the judge will consider the evidence and make a decision. Often, you (or your attorney) will not receive the judge’s decision for several weeks.

By the time you have a hearing and receive the decision, it may be as much as four additional months. In total, you may be a year after reaching maximum medical improvement.

Petition for review with the Industrial Claims Appeals Panel

If you disagree with the judge’s decision, you can appeal.

An appeal of a work comp judge’s decision is made to the Industrial Claims Appeals Office. The office assigns the appeal to the Industrial Claims Appeals Panel, which is made up of five administrative judges. Your appeal will be decided by at least two members of the panel. If you wish to file an appeal, you must file within 20 days of the judge’s decision.

Your appeal, called a petition for review, is a written appeal only. There is no additional hearing. You must order a transcript of the hearing and include it as part of your petition for review. You will provide the panel a legal brief explaining why you believe the judge decided your case incorrectly. Your employer or its insurance company will submit its own legal brief. The appeals panel will then consider your appeal and decide whether it agrees with the judge. Whatever the appeals panel decides is the final word from the Colorado Department of Labor and Employment.

This process often adds several months to your work comp claim.

Appealing to Colorado state courts

If you also disagree with the appeals panel, you may continue to appeal.

You can appeal the appeals panel’s decision to the Colorado Court of Appeals. Like the appeals panel, you will not get a new trial with the Court of Appeals. The Court of Appeals will only review the transcript, previous decisions in your case and both sides’ briefs.

You may receive a hearing with the Court of Appeals to argue your appeal in person, but the Court of Appeals may decide your appeal without hearing. Appealing to the Court of Appeals to this court often take a year or more to receive a decision.

If you disagree with the decision from the Colorado Court of Appeals, you can appeal one more time to the Colorado Supreme Court. Unlike previous appeals, the Colorado Supreme Court does not have to agree to hear your case. The Supreme Court rarely hears a third appeal of a workers’ compensation hearing.

How long does the average workers’ compensation case take to settle in Colorado?

Thankfully, most workers’ compensation cases in Colorado do not require multiple appeals to reach a resolution. There is no clear agreement on the average time to settle a workers’ compensation case in Colorado. Some workers’ comp law firms suggest an average of sixteen months from injury to settlement.

Be careful about assuming any average time period applies to your claim. Your case is specific to your incident, injuries and treatment progression. The insurance company and your employer may drag out the process or dispute your claim because they think it is in their interests. The same claim with a different employer and insurance company might settle within months while yours may take years.

Additionally, keep in mind your case may take longer to settle because you receive longer treatment than the “average” case. The longer you obtain treatment, the more likely you are healing and will end up with less impairment. It is better to heal fully and take longer than stop treating quickly because your injuries are permanent.

What if I am permanently disabled due to a workplace injury?

As a result of your workplace injury, you may experience permanent disability. You may have partial disability or total disability. Partial disability means you can perform some of your job duties but with limitations. If you are totally disabled, you simply cannot perform your job. In these situations, you may qualify for permanent disability benefits.

Your treating physician will determine if you have a permanent disability and assign an impairment rating. The impairment rating will become part of determining the value of any lump sum settlement of your workers’ comp claim. Your employer and its insurance company may decide to ask you to submit to an independent medical examination (IME) to get a second opinion. They will select their medical expert to conduct the IME.

When should I hire a Colorado workers’ comp attorney?

In Colorado you do not have to hire a workers’ comp attorney to represent you. You can elect to manage your own claim. Your employer’s workers’ comp insurance company will hire an attorney to defend against your claim. Hiring an attorney gives you an experienced voice to guide you through each step of the process. This can help you get good medical treatment, move your case more efficiently and give you a fair fight to get a fair result on your case. You should talk to Colorado workers’ comp attorneys early in your case so they can give you help at every step.

What is workers’ compensation and how does it work?

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Were you injured at work? You may worry about how you will pay your bills and take care of your family. The Colorado workers’ compensation system may help pay your lost wages and medical bills to help you get back on your feet. If you suffered a workplace injury, talk to Colorado attorneys for workers’ compensation benefits about your claim.

What is workers’ compensation?

Workers’ compensation is an insurance program that pays employees for workplace injuries. Workers’ compensation pays for most workplace injuries, even if you injured yourself at work. Unlike personal injury claims, like a car accident, you do not have to prove somebody else is at fault for your injuries. Workers’ compensation is a no-fault remedy for your workplace injury and lost wages. From workers’ compensation you can receive medical care without paying for the bills out of pocket, lost pay benefits and permanent disability compensation if you cannot return to the same type of work.

How does workers’ compensation work in Colorado?

We’ve talked about what workers’ compensation is, but you may have questions about how does workers’ compensation work in Colorado. Workers’ compensation in Colorado follows a specific process. The Colorado work comp helps work accident victims through the following process.

  1. The employer obtains workers’ compensation insurance to cover its employees.
  2. The employee suffers a workplace injury.
  3. The employee seeks emergency medical care and reports the injury to the employer within four days of the accident.
  4. Within ten days of receiving the report, the employer reports the injury to the Colorado Division of Workers’ Compensation.
  5. The employee continues to obtain medical care. The employer may elect to send the employee to a specific provider of its choice.
  6. If the employee cannot work, the insurance company pays a portion of the employee’s lost wages. The employer may elect to put the employee on light duty if appropriate and available.
  7. Pay benefits continue until the employee can return to work. If the employee cannot return to work due to the injury, the employee receives pay benefits indefinitely as a permanent disability.
  8. If the injured employee disagrees with the determination of benefits, the employee can file a workers’ compensation appeal. The appeal will be heard by an administrative law judge. Further appeals will go to the Industrial Claim Appeals Office and then the Colorado Court of Appeals.

Basically, after reporting you were hurt at work, you will seek medical treatment until you are healed or the treating physician determines you reached maximum medical improvement short of your pre-injury condition and you are some degree permanently impaired. After that, your workers’ compensation attorney and the employer’s insurance carrier will engage in a process to resolve the value of your work comp claim.

Workplace accident injuries in colorado

Is workers’ compensation a no-fault system in Colorado?

Yes–workers’ compensation is a no-fault system in Colorado. You can file a claim for benefits without proving your employer, a co-worker, or other person is at-fault for your injury. You can also claim benefits for an accident you caused, such as slipping off a ladder. Generally, all workplace injuries or injuries on the job are covered by workers’ compensation. There are a few exceptions, but your work comp attorney can talk to you about other options to pursue a claim.

The benefit of a workers’ compensation claim in Colorado under a no-fault system is that you do not have to settle your claim or file a lawsuit before you can get paid anything. In most personal injury cases, you have to reach a settlement or win a trial before you get paid anything.

If you have medical bills, lost wages and other out of pocket expenses in a personal injury case, you have to pay as you go and hope you get compensation in the end. In a workers’ compensation case, the work comp insurance company pays as you go, so they pay for treatment along the way and they pay you benefits for lost wages along the way.

How do I file a workers’ compensation case in Colorado?

Your first step after you receive emergency medical care is to notify your employer you were hurt at work. You need to notify your employer immediately.

If your workplace injury is an illness, you need to tell your employer as soon as you realize you are ill from a work condition. Your employer should submit a Form WC1 to the Colorado Division of Workers’ Compensation. The Form WC1 puts the Division of Workers’ Compensation on notice of the claim, income information and basic facts about the accident. The employer will also submit it to its insurance company for a determination of benefits and initiation of payments.

What if my employer won’t take a report of my workers’ compensation claim?

Sometimes employers refuse to accept your report of a workers’ compensation claim or try to discourage you from seeking workers’ compensation benefits. Although the employer doesn’t pay out of pocket for benefits when insured, the more claims an employer has the more likely it will pay an increased premium for workers’ compensation insurance. If your employer does not have insurance, it may have to pay out of pocket for your benefits. If your employer does not have work comp insurance, you should talk to a Colorado workers’ compensation attorney right away.

If your employer will not take your injury report, or fails to file a Form WC1, you can file the report yourself. You can complete a WC15–Worker’s Claim for Compensation and file it with the Division of Workers’ Compensation. Your employer has twenty days to evaluate your claim and advise if it accepts or rejects the claim.

Although you can wait up to two years to file your own work comp report, you should file as early as possible to begin receiving benefits. You should file a WC15 even if your employer does not have insurance because you may be able to receive payments from the Colorado Uninsured Employer Fund.

Workers getting help from Colorado workers' compensation attorneys

What medical care can I receive while on workers’ compensation in Colorado?

Workers’ compensation will pay for a wide range of relevant treatment and follow up care to get you back on your feet. This includes:

  • Emergency care, such as an emergency room or urgent care visit;
  • Doctor’s visits and evaluations;
  • Diagnostic imaging, such as MRIs;
  • Physical therapy, massage therapy and other forms of conservative treatment;
  • Medication;
  • Therapeutic injections
  • Surgery
  • Follow up rehabilitation to surgery and other procedures;
  • Medical devices and supplies;
  • Travel costs and mileage.

The standard for what treatment workers’ compensation will pay in Colorado is what is determined “reasonable and necessary” for your injuries. This decision may be challenged when the work comp insurance company refuses to pay for appropriate treatment.

How much lost wage will work comp pay in Colorado?

While you are out of work due to your workplace accident injury, you receive two-thirds of your average weekly wage in benefits. That amount tops out at 91% of the Colorado average weekly wage. Pay benefits continue until you can return to work. If you suffered a permanent total or partial disability, you may also receive a lump sum payment subject to statutory maximum amounts.

What does Colorado workers’ compensation pay if a workplace accident results in death?

If you lost a loved one due to a workplace accident injury, surviving dependents may receive benefits. These include pay benefits and compensation for funeral expenses. Colorado workers’ compensation sets a minimum benefit for cases involving a fatality. Pay benefits depend upon the deceased worker’s average weekly wage.

Dependent spouses may receive pay benefits for life or remarriage.

If a third party caused the accident, such as a car accident while your family member was driving in a work vehicle, you may also have a wrongful death case against the responsible party. That is not a work comp claim, but may greatly affect the amount of compensation family members can receive.

How can I win a workers’ compensation appeal in Colorado?

If your employer disputes your Colorado workers’ compensation claim, you may need to file an appeal with the Division of Workers’ Compensation to force your employer to pay on your claim. There are several key pieces of information in a work comp claim and appeal that you must prove:

  • Your injury occurred at work, was the result of the work you perform, or occurred during the course and scope of your job;
  • The type and severity of injuries;
  • How the injuries were caused by a workplace accident or condition;
  • Your average weekly wages;
  • Whether you can return to work at any point after the injury;
  • If your return to work is on a full time or part time basis;
  • If your return to work is subject to any restrictions on job duties or work hours;
  • That you made a timely report of injuries.

Although this may seem simple, you must have evidence of any disputed issue to clear up confusion and fight back against your employer’s accusations and defenses. For example, your employer may question whether a back injury was pre-existing or that only some of your back pain was caused by a workplace accident. You will need medical records and likely a medical expert to testify about the cause of your injuries. An experienced workers’ compensation attorney can assist you with obtaining medical care and presenting a strong case for your workers’ compensation claim.

Workers' compensation attorneys in Colorado winning an appeal

Do I need to hire a Colorado workers’ compensation attorney?

There is no requirement to hire a Colorado workers’ compensation attorney for your claim. You can file a claim and obtain benefits without an attorney.

Should I hire workers’ compensation attorneys in Colorado?

Although you are not required to hire workers’ compensation attorneys in Colorado for your claim, it may be to your benefit to hire an experienced attorney.

Employers and their insurance companies do not want to pay you a penny more than they have to and they will take every opportunity to lower the value of your claim, deny treatment and try to convince you to get as little treatment as possible. They will send you to medical providers who are on their side. Those providers may recommend less treatment or less expensive treatment. If you are disabled, they may give you an unreasonably low impairment rating, which will affect the value of your case.

You need good treatment and a fair evaluation of your case. Your workers’ compensation attorneys can make sure you see a physician who cares about your treatment and you receive a fair opportunity to heal and get back to work. Your workers’ compensation attorneys can fight against appeals, advise you on your legal rights and fight to get you fair compensation at the end of your claim.

Colorado Labor Laws Workplace

Colorado employment laws new for 2021

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Colorado has two new and important employment laws taking effect with the beginning of 2021. 2021 hasn’t started great for many people but for Colorado employees it’s not so bad. Workers in Colorado now enjoy the benefits of the Healthy Families and Workplaces Act (HFWA) and Equal Pay for Equal Work Act.

Today’s post will break down these two new laws and how they will benefit employees in Colorado workplaces. These laws went into effect on January 1, 2021 so if your employers is covered by these new laws and already failing to meet their obligations under these laws then you should talk to a Colorado employment lawyer right away.

Healthy Families and Workplaces Act (HFWA) in Colorado

Colorado employees now enjoy the benefits of the Healthy Families and Workplaces Act in 2021 and beyond for paid sick leave. In 2021 the HFWA applies to employers with sixteen or more employees. In 2022 it will begin to apply to all Colorado employers. This statute allows employees to stay home for forty-eight hours, or six days, of paid sick leave. This law generally applies to both full time and part time employees; however, there are a few exempt employers.

Employees covered by a collective bargaining agreement with more generous terms are exempt. The federal government and employers covered by the Railroad Unemployment Insurance Act are also exempt.

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Employees under the Healthy Families and Workplaces Act accrue paid sick leave rapidly. Employees earn one hour of paid sick leave for every thirty hours of work up to the forty-eight hour limit. If a public health emergency, like covid-19, is announced then the accrual is supplemented to eighty hours for a full time employee and for part-time employees a slightly more complicated formula of approximately their normal work time for two weeks. The public health emergency applies even if the employee has exhausted all other paid time off under other policies. Because covid-19 is an active pandemic, the supplement applies for 2021.

The HFWA includes many of the same legal protections and causes of action as other labor and employment laws. The statute requires employers to provide notice in the workplace of these rights in a conspicuous place so look forward to a HFWA notice in your breakroom.

The employment law also includes a private cause of action for employees who are denied paid sick leave compliant with the statute and a private cause of action for employees who suffer retaliation for requesting leave under the statute. This means employees denied paid sick leave under the law or retaliated against for requesting it can sue their employer in Colorado courts. There is no grace period for your employer.

If you have been denied paid sick leave under the HFWA or your employer retaliated for requesting it then you should talk to Colorado employment lawyers right away.

Colorado’s Equal Pay for Equal Work Act

Prior to 2021, Colorado employees were protected from sex-based and gender-based pay discrimination under federal and Colorado law. The federal Equal Pay Act prohibits sex and gender as a basis for pay discrimination (in addition to Title VII of the Civil Rights Act of 1964). Colorado law also prohibited pay discrimination under a bare bones statute giving a nod to the language of the federal Equal Pay Act.

With the Equal Employment Opportunity Commission‘s focus on pay discrimination in the 2010s there has been a focus on beefing up the regulations and statutes prohibiting pay discrimination on the basis of sex or gender.

The new Equal Pay for Equal Work Act strengthens Colorado law and assist employees in pursuing claims for pay discrimination. This statute requires equal rates of pay for similar work across sex, gender and gender-identity. The statute aligns more closely with the federal Equal Pay Act by carving out exceptions for permissible wage discrepancies when based entirely on:

  • (1) a “seniority system”;
  • (2) a “merit system”;
  • (3) a “system that measures earnings by quantity or quality of production”;
  • (4) the “geographic location where the work is performed”
  • (5) “education, training, or experience,” but only “to the extent that they are reasonably related to the work”; or
  • (6) “travel,” but only if the travel is a “regular and necessary condition of the work.”

The employer’s reliance on these factors must be reasonable and cannot factor in wage history, which may be affected by a history of pay discrimination.

Wage-based sex and gender discrimination is certainly not a new issue and not one that will go away any time soon. Increasing the tools for regulators to stamp out these practices and for employees to pursue claims when they are the victim of this form of discrimination is critical to reducing its harmful effects.

If you believe you have suffered pay discrimination on the basis of sex, gender, or gender identity then you should contact an employment lawyer in Colorado right away. This form of employment discrimination can involve claims under several federal and Colorado employment laws which have their own statutes of limitations and administrative requirements that must be met. Experienced Colorado employment lawyers can help you navigate this system.

What might a Biden presidency mean for labor and employment law?

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It seems a near certainty that Biden has won the 2020 election despite less than spectacular turnout down-ticket for Democrats. Early speculation has begun how a Democratic administration might shape various policy areas. Labor and employment law are no exception to the speculation. Democrats typically are considered more labor friendly and advance, at least mildly, pro-employee law. Let’s jump into the fray and see how Colorado employees might fare under a Democratic presidency for the next four years.

Remembering Trump’s labor and employment law policy

Honestly, not much can be said about Trump’s labor and employment law policy over the past four years. The administration stocked administrative positions with Republican allies but otherwise made very little movement towards dismantling federal labor law or employment law.

Certainly we could point to a few examples but mostly the Trump administration continued its normal modus operandi of not doing much at all. A pessimistic view of the administration may consider the administration too lazy to have done more, leaving actual policymaking to Senate Republicans and the handful of more motivated participants.

An optimistic view may point out that the administration understood a substantial part of its base comes from blue collar workers who might be lost watching the administration take aggressive and apparent moves to dismantle job protections.

Instead, the administration’s labor and employment law legacy will come in the way of indirect effects. The Trump administration’s long term impact on labor and employment law will likely be felt over decades with the appointment of several young conservative Supreme Court justices who have and will maintain a pro-employer bench.

The tax cuts passed during the Trump administration will likely continue to have a negative effect for most employees. The tax cuts promised job and wage growth but turned into the predicted payday for stockholders as companies used newly liberated financial resources for stock buybacks. Over the long term the decapitalization of businesses will require companies to oppress increased employee compensation and force reductions in force, especially as covid continues to put pressure on many service-based industries.

What may influence Biden’s labor and employment law policy?

Before considering individual policy issues, let’s first consider the stakeholders in a Biden administration and what they may push over the next four years. The traditional Democratic base is considered what are often called “special interests” by the right: people of color; unions; women; environmentalists; urban dwellers; academia and college-educated voters.

This election, even more than 2016, saw something of a realignment. Biden pushed his credentials in the black community while veering the party to the right to try to capture disaffected conservatives. Other people of color were pushed to the side and while Biden enjoyed broad support among women, it was Trump who made an explicit plea to a group of women (suburban women).

Biden campaigned hard in union heavy states like Pennsylvania and Michigan but made little open promise to do anything for union workers or lower paid workers in general. (Although he campaigned mildly in support of a minimum wage increase.)

When Biden takes office and has to pay his debts from the election, it is highly likely that he is going to offer little to the unions and other stakeholders who formed his base. Democrats are already openly discussing the need to compromise with the uncompromising Republicans. Biden, long on the right of the party, depicts himself as a regular guy from Scranton but his career in politics suggests otherwise.

Unions fought hard to campaign for him and become a participant in his administration; however, even through the campaign Biden has surrounded himself with people with an even worse record towards worker rights. Biden’s voting record is not endearing. He voted for NAFTA and the TPP along with the 2005 bankruptcy bill that severely punished working people for debts while making it easier for business interests to wipe out their own.

Of course, there is also the matter of those Republican voters who pushed him to victory. It appears despite Biden taking the White House Democrats failed to motivate voters downticket. Current results show Democrats losing seats in the House along with losses at the state and local level. The only serious explanation is that Democrats failed to motivate voters for any reason other than orange man bad. Voters seem as lukewarm on the idea of Democratic leadership as they are Trump leadership.

Democrats now have an example of how they can move to the right and take the White House. Unfortunately the party will likely move to the right while ignoring their losses downticket. Speaker Pelosi has already claimed the election as giving them a mandate to govern, an interesting opinion for somebody who lost supporters in the election. We should expect that Biden will capitalize on his “mandate” and govern from well into the right.

What a Biden labor and employment law policy might produce

Right wing media outlets from The Hill and onward might want to depict Biden as some socialist, labor extremist but that would be an about face for a politician with nearly fifty years of contrary experience. As discussed above, the Biden administration has fewer debts to pay to labor and working people than perhaps any Democratic president in the past hundred years. Biden could prove this wrong and pay his debts in the way of strong nominations to the EEOC, NLRB and federal judiciary. He could champion minimum wage increases and all his other labor and employment law campaign promises but there is little to suggest that is going to happen.

Wage issues

The Biden campaign supported pro-employee wage policies but signs are not promising we will see much movement in the next four years. Biden mildly campaigned in favor of a minimum wage increase to $15/hour but this was never much of a component of the campaign. Biden has never been a significant advocate of increasing minimum wage and if he governs to a coalition of Republican voters it is unlikely that will occur. Democrats have not been especially vocal at the federal level on minimum wage increases in more than a decade when minimum wage increased to $7.25 under a 2007 law.

Biden also claims support for the Paycheck Fairness Act which would strengthen the Equal Pay Act by narrowing the reasons why an employer can have disparate compensation between the sexes. Democrats may press to pass this law early in Biden’s term so they can point to a pro-worker accomplishment for the next four years. This would also put Republicans in the position of having to pass the law or lose out on the opportunity to make an appeal to suburban women in 2022 and 2024.

Labor Rights

Biden historically has talked up unions and worker rights despite not doing much about it in his long political career. We should expect some small acts by the administration but there is little historical evidence that Biden intends to expend the political capital necessary to strengthen organized labor. The proposed PRO Act would accomplish this goal. Biden claimed support for the legislation on the campaign trail but moving on it as president will take more than writing support on a campaign website. Biden will have to overcome the GOP majority in the Senate which seems unlikely to want to pass legislation designed to help a traditionally important Democratic support structure.

Like Obama, Biden will probably do a good job supporting the NLRB as a low key but critical benefit for organized labor. The NLRB rules on labor violations and a Democratic majority is likely to swing the board to pro-employee from Trump’s Republican majority.

Pregnancy Discrimination

In September the House passed the Pregnant Workers Fairness Act which would require employers to make reasonable accommodations for pregnancy and childbirth similar to those required by the Americans with Disabilities Act. Much like the Paycheck Fairness Act, this may pass the GOP Senate. The U.S. Chamber of Commerce supports the bill which is telling of Republican support.

Employment security

As a long time ally of business interests, Biden is unlikely to do much to reverse the mostly bipartisan assault of worker rights over the past several decades. He is unlikely to spend the political capital to champion a reversal of Republican tax cuts or support any green initiatives that risk business interests that might in turn lose his newly found base of Republicans. With a looming economic collapse due to college and housing debt, Biden is unlikely to do much to help workers protect themselves from the inevitable waves of unemployment.

Similarly, Covid-19 will remain a substantial issue for the next year or more. Biden is less likely to support blind openness through rising infection rates, certainly not to the detriment of Democrat governors around the country, but never expressed any real desire to support worker bailouts seen in other developed nations. Democrats support shutting down businesses to slow growth but their anemic support for the affected workers has understandably disconnected them from working class support. Biden is likely to continue this approach having given no indication he feels differently.