Colorado Workers’ Compensation Hospital, Medical & Surgical Benefits

 In COLORADO WORKERS' COMPENSATION BENEFITS, Colorado Workers' Compensation Settlements & Awards

Colorado Employer's Obligation to Provide Prompt Medical, Hospital & Surgical Care to Injured Worker

Under the Colorado Workers’ Compensation Act every employer of an employee or employees in the state must provide medical, surgical, hospital and/or rehabilitation services as are reasonable, necessary and related to such worker’s injury or occupational disease both at the time of the initial injury and thereafter to cure and/or relieve that worker from the effects of his or her injury and/or disease. C.R.S. § 8.42.101(1)(A)

Employer Cannot Require Employee to Waive Compensation and Medical Benefits for an Aggravation of a Pre-existing or Dormant Condition

An employee cannot waive or be asked by his or her employer to waive his or her right to workers’ compensation including medical, hospital or surgical benefits for an injury causing an aggravation of any pre-existing, underlying or even a dormant condition under Colorado law. C.R.S. § 8.41.205

Employer Responsibility for Providing Prosthetic Devices under Colorado Workers' Compensation Law

Under Colorado Workers’ Compensation Law in any case where a workers’ injury causes the loss of any member or part of the employee’s body, to include the loss of vision or hearing, the worker’s employer must provide that worker with any prosthetic device, artificial limb or member which are reasonably needed to restore as well as possible the normal functioning of that part of the worker’s body so affected.  A Colorado employer’s responsibility for providing prosthetic and/or other medical devices includes, but is not necessarily limited to the following items: (1) eyeglasses, contact or implantable lenses; (2) hearing aids and other implantable devices; (3) braces and other external assistive &/or prosthetic devices; and (4) dentures. C.R.S. § 8.42.101(1)(b)

Injured Worker May Petition Colorado Workers’ Compensation Court for Replacement Prosthetic Device where Employee has Undergone Anatomical Change of Condition.

Under Colorado Workers Compensation Law any injured worker, previously awarded a prosthetic device, may petition the Division of Workers’ Compensation for a replacement of that artificial device (i.e. glasses, contacts and/or other implantable lens, hearing aids, artificial joints, etc.) if that worker can prove to the Court that he or she has undergone an anatomical change since the original device was implanted or otherwise provided to that employee and that replacement of the device or prosthetic is now required as a direct and proximate result of the worker’s anatomical change of condition and otherwise to improve function of the artificial device or prosthetic or to relieve the worker of injury related pain and other discomfort. C.R.S § 8.42.101(1)(b)

Prosthetic Devices Can Be Replaced When Such Is Recommended By Injured Worker’s Authorized Treating Doctor

Prosthetic, implantable and other medical devices needed to regulate, repair and/or replace organs or structures of a worker’s body can be repaired, updated or replaced at the employer’s expense when and if that worker’s authorized treating physician recommends that such is necessary to promote or cause the continued utility of the implantable and/or prosthetic device.  This would include devices and implantable medical devices such as hearing aids, implantable cornea(s), orthopedic rods, screws, plates, artificial joints (knees, hips, and shoulders), implantable pain pumps, cardiac pacemakers stents and heart valves, and spinal cord stimulators. C.R.S § 8.42.101(b)

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