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Denver Workers Compensation Lawyer

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.

Denver Workers Compensation Lawyer

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Why Should I Hire a Workers’ Compensation Lawyer?

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.

Meet Attorney & Founder: Remington W. Fang

Personal Injury Attorney Remington Fang

Remington, hailing from Colorado, champions the rights of those harmed as a personal injury lawyer, standing up against corporations solely focused on profits. Growing up in a household that prized diligence and universal respect, he completed his education at Saint Mary’s Catholic High School and earned a Bachelor’s degree from the University of Northern Colorado before pursuing his legal studies at the University of Arkansas School of Law on a scholarship. With a breadth of experience across various legal domains, Remington passionately advocates for equitable laws that safeguard individuals. As a personal injury lawyer, he has successfully secured tens of millions of dollars in compensation for his clients throughout Colorado.

★ ★ ★ ★ ★

“My experience with this team, their communication from the assistant to the lawyers was incredible. I cannot say enough. They took care of me from day one. Reach out to them you will not be disappointed, Konrad is so empathetic and so personable and they fight for you even on holidays. Thank you Fang law firm for what you did for me.”
– CRISTA ANGEL

★ ★ ★ ★ ★

“After having a car accident and going through tough times, the Fang Law Firm helped me a lot and I highly recommend them to everyone. Remington, London and Konrad really did a great job. I felt supported having a strong team fighting for me, and the process was smooth from the beginning. I also liked that they are very responsive. They absolutely deserve all the five star reviews they have.”
– MIKE SAWAGED

How Much is my Workers’ Compensation Claim Worth?

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.

Types of Benefits Under Workers’ Compensation

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.

Permanent Total Disability (PTD)

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.

Permanent Partial Disability (PPD)

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.

Temporary Total Disability (TTD)

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.

Temporary Partial Disability (TPD)

You qualify for TPD if your injury or illness temporarily disables you but you can return to work with modified hours, duties, and wages.

Colorado Workers’ Compensation Law

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.

Process to Receive Workers’ Compensation Benefits in Colorado

If you receive an injury on the job, you must follow the following process to receive workers’ compensation benefits in Colorado.

  • First, you must report the injury to your employer as soon as it occurs. You will have to select a medical provider from your employer’s list of providers and receive treatment.
  • Next, you must notify your employer of your injury in writing within four days. The Date of Injury (DOI) and First Report of Injury (FROI) will be vital in your case.
  • Then, your employer must notify the insurance company within ten days of knowing about the injury.
  • Finally, the company will assess the workers’ compensation claim and either approve or deny it. Upon approval, you receive benefits.

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.

What is the Difference Between Workers’ Comp and a Personal Injury Lawsuit?

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 personal injury cases, you can claim monetary benefits for all economic and noneconomic damages, including pain and suffering. Under workers’ comp, you can only claim lost wages and medical expenses.
  • You cannot file a lawsuit against your employer once you receive workers’ compensation.
  • With personal injury cases, you have to prove that negligence caused your injuries. With workers’ compensation, proving negligence is not necessary.

Third-Party Lawsuits

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.

What Do I Do After Suffering an Injury on the Job?

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.

What if I Want to Visit My Own Doctor?

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.

Why Was My Workers’ Compensation Claim Denied?

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.

What Do I Do if My Employer Does Not Report My Injury?

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.

My Employer Told Me that Our Company Does Not Have Insurance. What Do I Do?

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.

Injured worker rubbing head

 

Workers’ Compensation Statistics

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.

Colorado Workers’ Compensation Statistics

According to the Bureau of Labor Statistics:

  • Seventy-seven employees died as a result of workplace injuries in Colorado during 2017.
  • The highest cause of fatal workplace injury in Colorado in 2017 was transportation incidents, accounting for 38 deaths.
  • Falls, slips, and trips accounted for the second highest number of fatal workplace injuries with 14 deaths.
  • The third highest cause of workplace death in Colorado was violence and injuries by other employees or animals at 11 deaths.
  • Other causes of fatal workplace injuries include contact with objects and equipment (8 deaths), exposure to harmful environments (3 deaths), and fires and explosions (3 deaths).

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.

  • Upper extremity injuries accounted for 33.2% of lost time claims.
  • Lower extremity injuries accounted for 24.2% of lost time claims.
  • 23.9% of lost time claims involved trunk injuries.
  • Head injuries accounted for 6.4% of lost time claims.
  • Neck injuries accounted for 2.5% of lost time claims.
  • 6.4% of lost time claims involved multiple body parts, and the state could not classify the remaining 3.2%.

National Workers’ Compensation Statistics

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:

  • American employees received $61.9 billion in workers’ compensation claims during 2015.
  • In 2014, American employees received $62.7 billion in benefits.
  • Out of the 2015 payouts, medical expenses accounted for $31.1 billion, and lost wages accounted for $30.7 billion.

Contact a Denver Workers’ Compensation Law Firm

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.

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