Tag Archives: Denver Disability Lawyer

Unusual Workers’ Compensation Cases

You never know what could happen in your workplace. Even though certain security regulations are established, it is always a surprise when you would be injured physically, mentally, and emotionally. You also would not expect who or what would inflict that injury. It could be caused by repetitive work, by a person outside your workplace, by a colleague, or by yourself.

Unusual Workers’ Compensation Cases

Sometimes, you just assume when something is covered by the Denver workers’ compensation lawyer or not. However, there are workers’ compensation cases that win when you least expect it, or the other way around.

Injury at Work

There are employees who get injuries when they are working. If you break some parts of your body due to repetitive use or because of exerting too much force, you may file for Workers’ Compensation so that you will be paid for the damages that your work or your workplace has inflicted on you.

Unusual Workers’ Compensation Cases

An employee broke his leg because he was trying to jump over a trench to get into a truck to cool off on a hot workday. Landing awkwardly, he severely broke his leg. Even though the employee was engaged in horseplay, he was still granted Workers’ Comp.Another case involves a fast food chain employee trying to save a bag of French fries from falling down the floor. When she was able to catch the bag, she injured her neck because of the sudden bending, twisting, and jerking. She was granted Workers’ Compensation benefits.

Post-Traumatic Stress Disorder (PTSD)

Some employees also get posttraumatic stress disorder due to some situations in their workplace or during work.It could be an effect of an accident or, worse, death which happened during work. It could also happen when your boss is putting you under too much pressure or assaulting you with verbal threats, resulting to abnormal levels of stress. You could be manifesting symptoms of stress after a traumatic event. its best to consult your local Denver Disability Lawyer or Greeley Disability Lawyer.

Unusual Workers’ Compensation Cases

One example of this would be a physician’s assistant manifesting PTSD symptoms after being verbally threatened by a surgeon during a procedure. The court granted PTSD award to the plaintiff.

Injuries outside the workplace

There have been several cases of employees who got injuries while traveling, but within their job description. One employee was intoxicated after a dinner meeting. He decided to play with the rails on an escalator, which resulted into an injury. He was still granted Workers’ Comp benefits.

Unusual Workers’ Compensation Cases

 

Have you found yourself in a similar situation as the ones stated above? Do you think that you have a viable case for Workers’ Compensation? In Kaplan Morrell, you can seek the assistance of workers’ compensation attorneys who can help you with your case. You can go to our Denver or Greeley office and consult with our workers’ compensation lawyers. We serve the Northern Colorado area. You can also call us for more information at our toll-free number: (866) 356-9898.

Greeley Disability Lawyer 3 Effective Methods to Increase Chances of Winning Disability Benefits

When a person is said to request a disability claim, they’re essentially asking for income assistance due to mental or physical disability that ultimately leads to an inability to live a traditional life or job. Filed directly to the Social Security Office, successfully achieving financial assistance from the government can be quite a nightmare. For the few that receive social security disability insurance, many are denied. Thankfully, there are a few things one can do to improve their chances of receiving the income assistance they need.

Hire a Lawyer

Whether one is in Denver, Greenley, or any neighboring cities, it’s vitally important that they speak with a  lawyer about their given situation. Statistically speaking, individuals who are represented by a lawyer are more likely to be awarded disability assistance than when compared to individuals who do not have a lawyer. Denver disability lawyers or  Denver workers compensation lawyer will be able to answer any questions you may have or help you win your disability case.

Keep Clear Records

One of the most important things to do when dealing with a disability case is to simply maintain as accurate and detailed records as possible. Individuals should consolidate all record and medical history records to present to the disability examiner. The less records you have yields a greater chance of being denied disability assistance

Request a Written Statement From Your Doctor

A powerful, yet effective way to increase one’s chances of winning disability benefits is to request a detailed note from their personal doctor outlining (1) what the conditions is, and (2), how said disability inhibits one from working or living a normal life. Due to the fact that doctors are well-respected amongst the SSA, disability examiners are more likely to reward a person if their documents contain a written note from a doctor.

Conclusion

Disability claims can be a headache and a half. In order to expedite the process and increase one’s chances of being approved for disability, it’s highly recommended that a disabled individual contact a professional Denver disability lawyer & incorporate the above-mentioned tips into their case.

How to Choose a Workers’ Compensation Lawyer Who Will Explain Your Rights

Work-related injuries can occur quickly and unexpectedly or over a period of time. In both cases, finding a lawyer who can fully explain your rights and obtain workers’ compensation benefits on your behalf is a challenge. Besides, you are placing your life in somebody else’s hands, hands that you might not even know. The decision to find a lawyer to help in recovering your workers compensation benefits is a serious one that should not be made simply on the basis of advertisements.

denver Workers Compensation Lawyer

A lot of Colorado workers wake up each day without realizing that they might need a Denver or Greeley workers compensation lawyer in the future. However, more often than not, the assistance of someone experienced in the legal system is necessary to recover medical and wage loss benefits from an injury suffered or disease contracted in relation to one’s work.

filling up a work injury claim form

Any person can perform an extensive research on how to recover workers’ compensation benefits. Nevertheless, not having an experienced Denver or Greeley disability attorney can hinder your potential to claim benefits. Know what a good workers’ compensation lawyer can do in your behalf, and how to choose the best representation for your case.

What a Denver and Greeley workers compensation lawyer can do for you

denver disability lawyer

A Colorado-based workers compensation attorney can do more than just help you analyze your case. To name a few, here are some of the things a lawyer can do for you.

  • Educate you about tricks insurers perform to disprove your claim, and how to avoid them.
  • Gather reports, pieces of evidence, and important documents such as incident reports and medical records.
  • Interview witnesses who can support your claim.
  • Analyze intertwined legal issues.
  • Notify insurance companies of your claim.
  • Negotiate a reasonable settlement with the insurer and your employer.
  • Set a date for hearing. Take the case to court, and appeal if necessary.

Guides in choosing the right workers compensation lawyer

When you look around in the Yellow Pages for lawyers, many would claim to be a ‘Bulldog’ or a ‘Tiger’ in the field. Others would claim they have a ‘Strong Arm’ to handle your case. Although these words may mean something, it does not always mean that such lawyer is the perfect man to protect your rights and handle your case.

denver worker compensation lawyer -2

Watching series like Suits, you may be tempted to hire a ‘Big Apple’ lawyer but, take note, that Colorado is a very long way from NYC. When choosing a lawyer, you should choose someone from around town. A Greeley workers compensation lawyer would know the judge, medical providers, and your employer may be even on a personal level. You do not need to go far to hire a good lawyer. A local attorney can do an equally great job in settling a case in your favor.

Another thing to consider is the lawyer’s membership in various trial lawyer associations since these organizations offer extensive education, training, and network for workers compensation attorneys. You can also opt for a counsel who has trained with Gerry Spence’s Trial Lawyers College. It is a training camp where lawyers can refine their trial skills.

kaplan Morrell fresh

Your Denver workers compensation lawyer should be able to protect your rights fully and competitively. Kaplan  Morrell has been helping injured workers claim the benefits they deserve since 1997. Contact us at (866) 356-9898 for your free consultation.

 

 

Two Sides Of A Coin: What Movement Monitoring Technology Means For Worker’s Compensation

In this day and age, technology is everywhere. It is therefore no surprise that different gadgets find themselves in our workplace all the time. However, once in a while, there comes a device that has the potential to make big changes in the work environment. The latest of these is movement monitoring technology, an innovation that may transform work safety and worker’s compensations in the near future.

compensation claim and injury

What is movement monitoring technology? 

Movement monitoring technology is a new innovation companies are looking to introduce into the workplace. While these devices have traditionally made their mark in healthcare, a number of companies have eyed incorporating them into the workplace as well.

These devices come in different forms, the most prominent of which is a tracking sensor embedded in a vest. In a quest to reduce workplace injuries, the vest’s sensor monitors the movements of their workers, giving employers a real time view of where they are and recording data that may be used to study work-related accidents and improve work safety.

Greeley Worker Compensation Lawyer

What can workers get from this technology?

It’s not difficult to see the pros of having prominent safety measures in the workplace. With the ostensible purpose of reducing employee injuries, movement monitoring can be especially useful for workers in high-risk jobs like mining, construction, and transportation.

After all, nobody wants to get injured. And while Colorado laws include provisions for disabled employees, a Denver disability lawyer can tell you that compensation claims can turn into an unwelcome headache as well.

However, movement monitoring doesn’t just help the worker. As workers-comp coverage takes up a chunk of business expenses, increased safety measures can mean lower compensation claims and costs for insurance premiums. For this reason, big insurers have looked into investing into movement monitoring companies that prevent worker injuries.

Greeley Workers Compensation Lawyer

Is there a downside to movement monitoring devices?

Despite its benefits, the promise of increased safety through movement monitoring devices also comes at a price.

Time Plan You Need to Know When Getting a Disability Claim

Workers’ compensation is a beneficial feature for employees like you because it provides insurance protection against injury that happens in the course of employment. It is an assurance for you as an employee that your employer is in-charge when something happens to you while doing your job. However, this insurance can add to your burden if you don’t know the process of getting your disability claim. It is then important that you know the deadlines you need to meet to get your claim.

Denver Workers Attorney

Involved Parties in the Process

When getting your disability claim, the responsible parties you need to interact with are your employer and the insurer. You need to know about how you can discuss with them the important things to take care of when going through the process. You might also need the service of a Denver workers compensation lawyer if you think you will have a hard time interacting with them.

Initial Steps to Be Done

When an accident happens and a worker is injured, the employer needs to make a report about the fatal injuries to the Division immediately. Failure to do it might delay the process so the employer should be responsible in doing this task. Within 4 days after the employer’s report is submitted, the injured employee should also submit a written report about the injury to his employer. The employer will then report all the injuries to the insurer within 10 days.

Insurer’s Decision

The insurer has 20 days to assess all the reports of the employer and make decisions about the claim. The insurer can either accept or deny the claim depending on the incident and the reports of the employer. In case of denial, a Notice of Contest will be released and the injured employee can file an Application for an Expedited Hearing within 45 days.

There are cases where filing for Division IME to dispute MMI or whole person impairment and filing for a hearing on any other issue are opposed by the injured employee. The injured employee can object to Final Admission of Liability within 30 days. If in 6 months no action to prosecute the claim happens after the injured employee objects to a Final Admission of Liability, the insurer may request the Division’s Director to close the claim.

The whole process of getting disability claim is indeed laborious. It will take a long time if there are unsettled conditions about the claim or worse, the claim may be closed. It is recommended to consult a Denver disability lawyer or Greeley workers compensation lawyer when going through the process because problems you can encounter in the process are too hard to win. A counsel will be a great help and it will also include assistance regarding the requirements and documents you need to take care of in getting your disability claim.

 

The process before the acceptance of your request for disability claim could be a very complicated process especially when hearings are needed to be done. Kaplan Morrell can provide you the legal assistance you need throughout the process so contact us here or give us a call at (866) 356-9898 for your FREE consultation.

Injured Workers: Be Vigilant to Report Terrible Workplace Conditions

When employers expose their workers to life-threatening hazards in the workplace repeatedly and willfully, it can mean a lot of legal troubles for them.

Injured Workers: Exposure to Sulfuric Acid Can Lead to OSHA Citation

There are a number of companies in Colorado and other states which do not pay proper attention and to basic health and safety procedures in the workplace.  By ignoring this fundamental requirement from every business, employers send a terrible message that tells employees how they don’t care about the lives of their workers. This situation calls for the injured employee to seek the counsel of a trusted Denver workers compensation attorney to get the workers’ compensation benefits he or she rightfully deserve.

Denever Workers Compensation Attorney

One example is a laundry company in Colorado which focuses in laundering hotel fabrics. A complaint reached the Occupational Safety and Health Administration recently about how unsafe the working conditions are in the said laundry company. During OSHA’s investigation, inspectors found out a number of safety violations for which the laundry company was cited for back in 2011 after one of their workers died have not been addressed.

Most of the company’s violations were related to their workers being exposed to a solution which contains 50% sulfuric acid. The workers have no way to exit the facility safely because their route to the exit required them to pass around 14 barrels which contains 55 gallons of the dangerous solution. The laundry company has an eyewash and shower facilities in the event that workers needed to have their eyes or bodies flushed with water due to accidental exposure. However, their workers do not have access to them because they’re locked. Other violations cited were lockout and tagout procedures that the company did not establish, causing the workers to be exposed to moving machine parts. Therefore, OSHA concluded that workers’ lives are highly at risk while working inside the facility.

Injured Workers and Workers’ Compensation Benefits

Employees working in Colorado who are injured may be worrying about unexpected medical expenses since they do not have any wage to expect while they are recovering.  They should find comfort in the fact that financial relief is available to them through the workers’ compensation program. Injured workers should ask the assistance of an experienced Denver workers compensation lawyer to help them get the benefits. Lost wages and medical expenses are typically covered by the program and if the injuries sustained while in the workplace lead to disabilities, an additional compensation may be given to them.

If you have been injured at your workplace and you need help with getting workers’ compensation benefits, an experienced Denver workers compensation lawyer is the best person to seek help from.

Getting workman’s comp benefits can be really difficult especially if your employer does not care about your welfare while working. Kaplan Morrell has consistently provided reliable counsel to thousands of injured workers since 1997. Contact us now at (866) 356-9898 for a free consultation.

Workman’s Comp is Getting Worse over the Years

Workers’ compensation benefits are awarded to employees who have been hurt or injured while in the course of the employment. Under the workman’s comp system, employers are expected to provide financial assistance to the injured employee and support them since they lost their wages and have medical bills to pay. This is how the system has worked since 1990s. However, American employees who have been injured at work have already given up. They are done trying to sue their employers and they are tired fighting for their right to be eligible for the workers’ compensation benefits.

Denver Disability Lawyer

Disturbing Findings Injured Workers Should Know

According to the latest investigative report from National Public Radio (NPR) and ProPublica, an alarming number of states allows legislators to cut workers’ compensation benefits programs resulting to low premiums for employers, record profits for insurers, and a growing number of injured workers who are left sinking in financial crisis.

Some of ProPublica’s findings include the following:

  • The state where the worker got hurt matters a lot. Each state has its own workman’s comp system which means that an amputated arm can be worth more in one state than in another. For example, if a worker loss an eye and it happened in Alabama, the worker will be compensated for $27,280. If it happened in Pennsylvania, the compensation will be as much as $261,525.
  • Most states have reduced the payments to injured employees and also terminated them after an arbitrary time limit expires – even if the injured employee has not yet recuperated.
  • Legislators in 33 states have passed laws which cut the benefits of injured workers and laws which made it increasingly difficult for them to be eligible for the workman’s comp.
  • The medical decisions pertaining to the injured worker’s need for surgery is strictly controlled by employers and insurers. Employees are not able to choose the doctor who they want to treat them in 37 states. They are made to choose from a list provided by employers.
  • Insurers gained the highest profit in 2013 and employers paid the lowest workman’s compensation benefits since 1970s.

Workers notice these drastic changes in the workman’s comp system making it only more sensible for them to ask for help from an accomplished Denver workers compensation attorney. Sadly, authorities seem to not notice these trends, making it more alarming. The federal government has not been able to monitor the regulations of workman’s comp for more than ten years so the system has become worse over the years.

Injured Workers Should Not Give up the Fight

Because of these alarming changes, many injured employers are left without the financial support and relief they so desperately need. A growing number of worker’s comp cases are taken to court where authorities witness just how inhumane worker’s comp regulations can be.

These concerning trends make it all the more important for injured workers to seek a trusted Denver workers compensation attorney to help them through their case.

If you’re an injured worker who fears your workman’s comp benefits would stop one day, an experienced Denver Disability Lawyer can guide you and educated you on the important matters you needed to know.

Ensuring that you receive workman’s comp benefits can be a challenge with the alarming workman’s comp regulations. Kaplan Morrell has provided counsel to thousands of injured employees since 1997. Call us at (866) 356-9898 for a FREE consultation.

Medical Examiners: Whose Side Are They On?

It is unavoidable that workers get injured on the job or acquire certain occupational diseases. When this happens, workers are entitled to workers’ compensation, wherein the insurance covers medical expenses during the temporary or permanent impairment.

In such instances, doctors and medical practitioners are employed to assess the physical condition of the workers. Their reports would serve as medical proof, which could determine whether or not the worker would be able to avail of the benefits. The professional medical examiner can be retained by the claimant or the employer or insurance company.

There have been cases all throughout the country where the examiner retained by the insurer has favored the insurance company, so that the company won’t have to pay for the compensation. On the other hand, there are also instances where the examiner exaggerates the claimant’s medical results to ensure that he or she avails of the benefits. Medical examiners, regardless of whether they are provided by the claimant or the insurer, are prone to certain financial and professional bias.

In order to understand the medical examiner bias in the context of a personal-injury claim, we should examine how and why such biases occur.
Worker’s Treating Physician’s Bias

Workers have an option to choose and provide their own medical examiner in the context of compensation claims. After an initial consultation, the physician could claim that there is indeed an injury, regardless of whether there really is one or not. By accepting the worker’s declaration of injury, it would be financially beneficial to the doctor to provide treatment over a certain period of time. Moreover, family doctors have the tendency to be biased towards his or her patient, and would most probably accept or believe the patient’s complaint, even in the absence of any pathology. This is because refusing to treat or contradicting the patient would drive him or her to look for and consult a different physician.

The (Not-So) Independent Medical Examiner

In the case that a treating physician retained by the claimant states the occurrence of an injury that could be a basis for claiming the benefit, insurance companies or the employer have an option to request for an additional examination. They would provide an Independent Medical Examiner (IME) that could either ensure or dispute the legitimacy of the claim. Although most IMEs are qualified and are assumed to be objective and fair, there is still a possibility that some are biased against the worker or claimant. These IMEs would favor the defendant or the insurance company, mainly to maintain a certain “partnership” where the doctor would continuously receive referrals from the insurer. The supposedly independent medical examiner would report that there is no apparent injury regardless if whether there is one or not.  When this happens, the insurer does not have to compensate for the worker’s claim.

Given these biases, disputes relating to treatment and medical providers invariably occur. To avoid these situations, it is best to seek legal advice from a Denver workers compensation attorney. In the context of work-injury claims, the Denver workers compensation lawyer will make sure that the worker would get the proper treatment and unbiased medical examination that he or she deserves.

Contact Kaplan Morrell to discuss your workers compensation claim in the Greeley and Denver areas. For over 15 years, experienced workers compensation and disability attorneys have been successfully helping workers in Colorado claim what is due them.

5 Fall Protection Protocols Every Responsible Company Should Follow

Construction workers who work in high places such as buildings, bridges, amusement park rides, stadiums, billboards, and cranes put their lives at risk every time they come to work. According to statistics, falls are the leading causes of injuries and deaths in the construction industry. Most of these accidents happen because of the company’s failure to follow fall protection regulations.

Employers have the responsibility to deal with hazards of the workplace. Failure to provide fall protection to workers essentially leads to Denver workers compensation attorneys would soon come banging on their doors.

To avoid facing charges and to protect workers, every employer must follow these 5 necessary protocols for fall protection. As workers, meanwhile, you should make sure that the following are given importance at your office.

  1. Recognizing fall hazards

Do a thorough inspection of the site. In the ocular,watch out for possible safety issues and problem areas. Knowing the possible hazards will help you mitigate the situation early on and take appropriate actions to protect the workers. This step is very crucial, as it could prevent accidents in the future.

  1. Manufacturer’s safety guideline and instructions

After identifying fall hazards, select the necessary safety equipment. The equipment should meet the American National Standards Institute (ANSI) standards, like being able to withstand specific weights, for example. They come with the manufacturer’s instructions, which indicate certain limits on the product use, and thus ensuring safety and security of workers and passersby.

  1. Creating your own safety policy

The company should create its own written hazards and safety equipment policies to minimize risks at work. While following the requirements of the Occupational Safety and Health Administration (OSHA)is a must, you have an option to adopt certain ANSI standards or even make your own internal policies.

  1. Comply with OSHA’s mandatory requirements

Know by heart the OSHA requirements and make sure that the company’s safety procedures and policies comply with them. Following these regulations is mandatory. It is important to note that OSHA can adopt certain ANSI standards. When this happens, compliance to the said regulations will also become mandatory.A company who fails to comply with OSHA standards will be subjected to a fine.In the event that an accident happens, the Greeley and Denver workers compensation attorney can use this noncompliance as grounds fora compensation claim.

  1. Comply with ANSI standards

As mentioned earlier, the ANSI is a committee of manufacturers who developed voluntary standards that are considered best practices. ‘Voluntary’ means the company has an option of whether to comply with the standards or not. However, the standards become mandatory when OSHA adopts them by amendment.

There are definitely more pointers to consider but this list should give you the basics. Just remember that a company or employer who fails to provide fall protection because of non-conformity to these protocols may be subjected to fines or be faced with criminal litigation.

For more information about your rights as workers, consult with an experienced Denver workers compensation attorney from Kaplan Morrell. Contact us at (866) 356-9898 for a FREE CONSULTATION.

 

Effects Of Marijuana on Worker’s Compensation

A Denver worker compensation lawyer can explain to you that when it comes to matters of workers compensation, federal law is always above the state law. According to Colorado’s Workers Compensation statute, an employee’s benefits can be affected if they were injured and tests positive for marijuana use. Monetary compensation will be decreased to half of its value if it was proven that the employee was impaired due to the effects of marijuana. However, the employee should still receive medical and permanent indemnity benefits.

Moving Forward
There are still a lot of things to work out when it comes to this issue. Employees should be well aware that the state law cannot protect them from the repercussions of using marijuana on the job. To further understand the laws that cover marijuana use and the benefits that you are entitled to, it is best to seek the help of Greeley workers compensation attorneys and Denver workers compensation attorneys.

Workers’ compensation can be difficult, confusing, and very complex especially when use of drugs such as marijuana is involved. Kaplan Morrell has helped thousands of employees since 1997 to get the benefits that they deserve. Contact us here or call us at (866) 356-9898 for your free consultation.