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When filing a workers' compensation claim, the statute of limitations is one year from the date of the incident. It is important to note that federal employees have three years to file a claim, as their case falls under federal law.
Workers' comp can help make up a portion of their missed wages. In Colorado, employees can receive two-thirds of their average weekly wage. Ongoing care that an employee may need to recover from a work-related injury or illness. Some work-related injuries require more than one treatment session.
As a result of the ongoing pandemic HFWA was amended to require all CO employers (regardless of size) to provide public health emergency leave (PHEL) which remains ongoing. Now, as of January 1, 2022, all Colorado employers regardless of size must provide paid sick and safe leave under the HFWA.
The requirement that employers provide paid sick leave and expanded family and medical leave under the Families First Coronavirus Response Act (FFCRA) expired on Dec. 31, 2020.
Employers are legally required to report certain workplace incidents, near-misses and work-related health issues to the Health and Safety Executive via the RIDDOR and if a report is not sent, employers would face a receiving hefty fine.
Employers can require documentation for accrued paid sick leave (not for COVID-related public health emergency (PHE) leave), but only for absences of four or more consecutive days and employees can provide the documentation after the leave ends.
In Colorado, you must report a work injury to your employer in writing within four days or lose one day of workers compensation for each day's failure to report. To file a claim, the time limit is within two years of the injury or after death. Under certain circumstances, you may be able to file a late claim.
The reason being that you, as an employee have up to 3 years from the time of an accident to file a personal injury claim against an employer.
Effective January 1, 2022, all Colorado employers -- regardless of size -- are required to provide all employees with accrued General Paid Sick Leave (PSL) and Public Health Emergency Leave (PHEL) per the Colorado Healthy Families & Workplaces Act (HFWA).