Recent legislative changes in Colorado’s workers’ compensation laws are set to significantly impact the rights and protections of employees injured on the job. The Burg Simpson law firm is at the forefront of these developments, advocating tirelessly for the rights of injured workers and ensuring they receive the benefits and support they deserve.
The Denver-area personal injury firm has a deep-rooted history of representing individuals and their workers’ comp claims and advocating for all workers in Colorado.
“Workers’ compensation is designed to provide financial and medical benefits to employees who suffer job-related injuries or illnesses,” said Burg Simpson shareholder Stephan Marsh. Marsh, along with Nick Fogel, is the co-practice group leader of Burg Simpson’s Workers’ Compensation department. Marsh is a highly experienced Workers’ Compensation trial attorney who has regularly been named a 5280 Top Lawyer since 2020. The Professionals in Workers’ Compensation also named him a top claimants’ attorney, and he received the Colorado Bar Association’s Butler DeMarino award. Marsh was a vanguard in drafting this legislation; he testified before the House and Senate committees four times in support of this crucial litigation to support Colorado’s workforce.
Over the years, Burg Simpson’s award-winning Colorado workers’ compensation lawyers have committed to changing laws to help all workers in the state.
“At Burg Simpson, we have invested our time and resources to change workers’ compensation legislation,” said Marsh. “While there is no immediate ROI for the firm in doing so, it’s important for us to be advocates for employees. We’re not just representing individuals; we’re also working to affect real change from a legislative perspective.”
Marsh recently spearheaded two new bills to enhance workers’ compensation benefits for thousands of Coloradans who sustain workplace injuries each year.
The first is HB1220, which Governor Jared Polis signed into law on June 4. The second is SB149, which passed the House and Senate and was signed by the Governor on June 10.
“HB1220 represents a compromise with stakeholders in the business community and workers’ comp insurers, while SB149 aims to provide employment protection for injured state workers,” Marsh said.
HB1220 and SB149
“The recent updates to Colorado’s workers’ compensation laws represent a significant advancement in protecting and supporting injured workers,” said Marsh. “At Burg Simpson, we are proud to be at the forefront of this movement, advocating for employees who have been hurt on the job.”
Some of the benefits of the newly signed HB1220 and SB149 bills are outlined below:
HB1220 Benefits
Raising Compensation Caps
HB1220 raises compensation caps for workplace injuries:
For an impairment rating of 19% or less, the cap increases from $119,000 to $185,000, a 56% increase
For an impairment rating of 20% or higher, the cap increases from $238,000 to $300,000, a 26% increase
These caps will adjust annually with increases in the State’s average weekly wage, reducing the number of workers who reach these limits and face benefit reductions. The bill ensures more injured workers receive the full benefits specified in the statute, avoiding arbitrary caps.
“While these caps affect only about 1% of Coloradans, they tend to be those who are more severely injured and need the most financial help,” said Marsh.
Driving Restrictions Update
Currently, workers have limited reasons to decline a modified-duties offer from their employer. The bill adds driving restrictions to the list of acceptable reasons for declining, ensuring workers don’t have to violate their physician’s orders.
Ear Loss Formula Update
The law uses two formulas to determine compensation for permanent injuries, with one being more generous but applicable to fewer injuries. Currently, this generous formula is used for loss or loss of use of an eye and other head injuries. The updated bill adds ears to this list, so loss or loss of use of an ear will now be compensated under the same formula as eyes and other head injuries.
Direct Deposit Option
Under HB241220, injured workers can now receive workers’ compensation benefits via direct deposit. The insurance company or self-insured entity must honor the request. This allows workers to receive their benefits more quickly and alleviates the hassles of misplaced, lost, or delayed checks via physical mail.
Workers’ Comp SB149 Benefits
Injured State Workers Job Protection
Hundreds of state employees are injured on the job each year. Currently, those who settle their workers’ comp claims must resign and are permanently banned from working for the State of Colorado in any capacity. Settlement agreements also prohibit them from working for any state political entity.
“This policy is far from industry-standard, and the State should join other public entities and private insurers in dropping it, so state employees can get back to their jobs or be able to apply for other jobs with the State,” Marsh noted.
Under the SB149 bill, the State cannot suggest or require that the State employee “resign from state employment or refrain from seeking or obtaining employment with the state in the future.” Additionally, the State cannot place any other restrictions on the State employee’s ability to work for the State. Additionally, this bill invalidates all prior resignation agreements that were signed as part of a settlement.
Cost Transparency
SB149 requires the State to report annual workers’ compensation costs to the legislature. The bill mandates that the Department of Personnel request interest from Pinnacol Assurance and at least five other workers’ compensation insurers in Colorado starting in 2026 and every three years thereafter. A 2023 analysis showed a 51.5% cumulative decrease in the annual average loss cost component of workers’ comp premiums over the last 10 years. This transparency allows the legislature to monitor similar savings for the State.
“This process is done so we know if we’re serving our state employees well and if we can provide the same or better coverage for less money,” said Marsh.
If you or someone you know has suffered a workplace injury, Burg Simpson’s attorneys are here to help. Contact Burg Simpson today to ensure you receive the expert legal support and comprehensive care you deserve.
The news and editorial staffs of The Denver Post had no role in this post’s preparation.
Originally Published: June 17, 2024 at 3:09 p.m.
