1975, August, Pg. 1505. Compensation Benefits in Colorado.

• Author: by Jerome Smith

4 Colo.Law. 1505

Colorado Lawyer

1975.

1975, August, Pg. 1505.

Compensation Benefits in Colorado

1505Vol. 4, No. 8, Pg. 1505Compensation Benefits in Coloradoby Jerome SmithThrough a failure to understand the law, each year thousands of potential benefits claimants in Colorado suffer either reduction in, or outright loss of, compensation benefits due them because of need, unemployment, accident, disability or other factors. As an example, no Social Security benefits may be paid for any period prior to one year preceding the written application date. Yet every day applications are received alleging a disability onset date many years prior to the date of application. Many such applications result in fully favorable awards, yet with the result that the claimant loses thousands of dollars in benefits because of the retroactivity rule. As another example, in Colorado all occupation-induced diseases have been treated as industrial accidents only since 1973. Either through ignorance of the law or of the causation of their disability, many workers disabled from industrial disease fail to file workmen's compensation claims.

The following table outlines the myriad types of compensation benefits now available under Colorado and federal law. Excluded are one-time and special benefits such as funeral expenses, medical payments and educational expenses such as tuition and books. Included are all systems of regular monthly or weekly compensation payments, whether for limited periods or for life, intended to assist in ordinary living expenses, which exist by force of state or federal law.

This table does not deal exhaustively with either the extent of benefits or eligibility requirements, but rather provides a quick reference for the general practitioner to enable him to point an inquiring client in the right direction.

Perhaps the best advice to someone seeking compensation is not to give up. Thousands of claimants, for a wide variety of reasons, first succeed at an appeal level, and it is at such level that attorney representation becomes vital.

1506Type of Benefit & Agency ConcernedEligibilityReferences & CitationsRange of Benefits (Monthly Unless Otherwise Indicated)Relation to Other Benefits ReceivedWorkmen's Compensation Industrial Commission of Colorado, 1576 Sherman (892-2446) Inability to work at usual occupation as result of a. Industrial accident orb. Occupational disease (since 1973 all occupational diseases are covered)c. Excluded are private domestic servants and certain yard maintenance employees, certain farm and ranch employees, certain eleemosynary, charitable, fraternal, religious, and social employees Articles 40-66 of C.R.S. 1973, Title 8 a. Temporary (i.e., to time of maximum recovery) up to $109.20 per weekb. Permanent; up to $65.75 per week for limited period following maximum recovery, unless disability is total, in which case payments are for lifetime See this column under Social Security-DisabilityUnemployment Insurance Colo...