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While injured workers must follow specific steps to obtain benefits, no covered employee should be denied coverage. At The Fang Law Firm, our Denver workers’ compensation attorneys can help you protect your legal rights.
Workplace injuries are all too common. When employers or insurance carriers deny or minimize a workers’ compensation claim, they can be catastrophic. Most workers in Colorado are entitled to monetary benefits after being injured on the job. Obtaining legal representation is, in some cases, the only way to obtain those benefits.
Understanding when to hire a lawyer after a work injury occurs can be confusing. Often, individuals sustain an injury, report the injury to their employer, go to the doctor, and then just count on the system to work for them. However, there are times when insurance carriers or employers push back against these claims or delay them unnecessarily, and an individual may not even realize something is wrong until it is too late.
We strongly encourage you to speak to a skilled workers’ compensation lawyer in Denver as soon as possible so that you can be sure that you have an advocate by your side looking out for your well-being. An attorney can get involved early and make sure that the process goes as smoothly as possible. This will include making sure that you are properly evaluated and that the claim is accepted quickly. An attorney will also help you through any appeals processes necessary.
Individuals who sustained workplace injuries often wonder how much their claim will be worth. Without examining a person’s exact case, there is no way to give a dollar figure. However, there are various factors that go into valuing a claim.
Perhaps the most important aspect of a workers’ compensation case is examining medical expenses. When a person sustains an on-the-job injury or illness, they deserve to have all of their medical bills covered. This includes emergency medical bills as well as all ongoing medical treatment, physical therapy and rehabilitation, prescription medications, medical devices, and more. Depending on the severity of the workplace injury, this medical expense coverage can become extensive. Medical bills can rise into the hundreds of thousands of dollars.
Aside from medical expenses related to a workplace injury, we have to examine lost wages. If an individual cannot work due to their injury, they should be able to receive wage replacement through temporary or total disability benefits. In general, individuals who are unable to work will receive two-thirds of their wages based on what they were earning at the time the injury occurred. However, if an injury is scheduled or non-scheduled, the injured worker will receive payment based on the schedule formulation, per the workers’ compensation laws in Colorado.
First and foremost, workers’ compensation insurance covers the medical expenses directly related to your injury. These medical bills can include medications, surgeries, doctor’s visits, physical therapy, and other necessary medical procedures. In addition to medical expenses, you can receive full benefits to supplement lost wages due to your injury.
Under the Colorado workers’ compensation system, you can receive one of four disability benefits packages based on the severity of your injuries.
If your workplace injury or illness causes complete and permanent impairment, you qualify for PTD. You receive 2/3 of the average weekly wage you earned at the time of the injury. You receive these benefits for the rest of your life.
If you permanently lose function of a body part or body system as the result of your injury or illness, you qualify for PPD. You receive benefits based on a percentage that depends on the degree of your disability. You can either receive benefits from scheduled impairment, which involve some pre-determined body parts and corresponding values, or non-scheduled impairment. The latter option involves disability in body parts not included on scheduled impairment, such as spine, mental function, and lungs.
If your injury or illness is temporary but totally disabling and you cannot receive wages, you qualify for TTD. After you miss three days of work, you receive TTD on the fourth day out of work and receive your average weekly wage as a payment every two weeks.
You qualify for TPD if your injury or illness temporarily disables you but you can return to work with modified hours, duties, and wages.
Workers’ compensation laws protect employees when they receive injuries on the job or as a result of their job duties. All Colorado employers must maintain workers’ compensation insurance for all of their employees, with a few exceptions. Workers’ comp insurance helps injured workers receive medical treatment as well as supplementary income when they take time off to heal.
Sometimes, injuries sustained on the job can be so severe that they require intensive medical care and weeks off from work. This system allows for fair recovery and limited damages for workers harmed on the job.
If you receive an injury on the job, you must follow the following process to receive workers’ compensation benefits in Colorado.
Despite workers’ compensation laws, many unnecessary barriers may prevent workers from receiving insurance settlements. This process can delay medical treatments and worsen financial hardship for the injured worker.
Many disputes can arise when it comes to workers’ compensation law in Colorado. When you file a claim, you will need to prove that your job or a function of your job caused your injuries. Some employers can cast doubt on your injuries and refuse to file a claim. Others may neglect filing a claim on your behalf altogether.
When this issue arises, hiring a workers’ comp attorney can help you receive the benefits you need to recover. The Fang Law Firm can help you accomplish this process by consulting with medical experts about your injuries, analyzing your medical records, and presenting the evidence to your employer and the insurer. Our Denver team of experienced injury lawyers can help you build a strong case to protect your legal rights.
Workers’ compensation claims are not the same as personal injury lawsuits. Some injuries are strictly personal injury claims, others are strictly workers’ compensation claims, and others can be both. State and federal laws and employment contracts govern these differences.
In most situations, workplace injury victims will be unable to file personal injury lawsuits against their employer. However, there are times when third-party civil personal injury lawsuits may be appropriate. If an injury or illness was caused by a third party aside from the employer, the injury victim may be able to file a lawsuit to recover additional types of compensation above and beyond what is available through the workers’ compensation benefits. These other parties can include contractors or subcontractors, government regulatory agencies, and any other party whose negligence contributed to the injury.
Any workplace injury victim needs to speak to a skilled work injury lawyer who can help them determine the best apps moving forward when it comes to filing claims and lawsuits.
Our Denver workers’ compensation lawyers recommend you notify your employer immediately and seek emergency medical attention. In many cases, you will have to see a medical provider from your employer’s list of providers. You also need to notify your employer of your injury in writing, called a First Report of Injury (FROI), within four days of being injured.
You may not receive medical benefits if you do not go to one of your employer’s providers. However, you can visit your own doctor if your employer does not direct you to one.
Insurance companies and carriers deny many claims due to inaccurate and incomplete information, if they believe the injury is not work-related, or they think the case needs further investigation. A workers’ comp attorney in Denver can help you gather detailed information about your injury to submit to the insurer.
Visit The Fang Law Firm to file your own claim to the Colorado Division of Workers’ Compensation. You have two years from the injury date to file this claim.
Report your employer to the Division of Workers’ Compensation immediately, even if you do not have an injury from the workplace accident. Our Denver workers’ compensation lawyer can guide you through this process.
Hundreds of work-related injuries occur every day throughout the United States, including Colorado. Some of these injuries result in extensive medical treatment, while other accidents can result in death. Colorado is not exempt from these occurrences.
According to the Bureau of Labor Statistics:
For those who do survive their injuries, the employees file workers’ compensation claims with the state of Colorado. In 2013 alone, the state saw the filing of 31,094 workers’ compensation claims and 27,243 claims that involved lost wages for at least three shifts.
For the rest of the country, workplace injuries easily total in the millions. These statistics result in billions of dollars in claims going to pay workers for lost wages and medical treatments. According to the Social Security Administration:
If you or a loved one was injured on the job due to negligence in Denver, contact an experienced work injury lawyer at The Fang Law Firm today. Our legal team cares deeply about clients and securing the compensation they deserve after a work accident. We proudly serve injured employees throughout Colorado, including Colorado Springs, Denver, Boulder, Aurora, Fort Collins, and Lakewood. Call now to speak to a Denver workers’ compensation lawyer for a free initial consultation.
“Any friction or issue that arose was resolved expeditiously with his assistance. Remington ensured I received the treatment I needed to facilitate my recovery. I will recommend him to any family member or friend should they too fall victim to an unfortunate circumstance.” – James W.