Tag Archives: Greeley Workers Compensation Lawyer

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.

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.

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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.

Workers Compensation for People with Multiple Jobs

When times are hard and you have to make ends meet, you are compelled to take on multiple jobs. You should be aware of the possibility that you might get injured in one of those jobs. This is truly a disappointing experience. If you need someone to defend your right to proper compensation, ask the help of a Greeley workers compensation lawyer.  In the meantime, read below and acquaint yourself with the basic process of claiming benefits.

Greeley Worker Compensation Lawyer

Where to start?

You must know that having multiple jobs still makes you eligible for compensation benefits. The procedure gets a bit tricky as you’re in an inconvenient situation. First, focus your attention on the job in which you were injured. You’ll be claiming your workers compensation from the insurance provider of that company. Your benefits include all doctors’ fees, prescription, lost wage, and transportation fees to and from the hospital or clinic where you’re being treated. The second (or third) job won’t provide you with these benefits for the simple reason that you did not incur injury in that workplace. The second job is not accountable for your condition.

Let’s say the injury was pretty severe. Your doctor advised you not to go to work for BOTH jobs. In this case, you may be required to show your pay stubs from the second job. The insurance provider of the first job is then required to pay you your average weekly wage, which includes the money you could’ve earned from that second job.

What is an Average Weekly Wage?

Your combined income in a week is called average weekly wage. It is important that you get a fair wage in the first place. This will affect your temporary disability or permanent disability pay so it’s best to get this done correctly.  If you don’t think you’re getting paid enough, contact a Greeley disability attorney and they will help you fix it. Some people even go to trial for this. For sure, you would want to get yourself a lawyer if it’s what the situation calls for.

What about the Second Job?

You should inform your injury to your second employer, even if you did not incur the accident at his or her workplace. After telling your boss, notify the insurance provider. Don’t expect to receive much from them, though. But this doesn’t mean you don’t have a claim at all. If the second (or third) job lets you go because you haven’t been around to do work, then you should contact a Greeley disability attorney. You can file for state disability benefits. Don’t get confused – this filing is separate from what you’re filing in your first job.

Other things to keep in mind

Remember to inform the management immediately. Time is crucial here. As an injured worker, the faster your claims come, the better it will be for your general health. The process can be time consuming and tedious. It can also be extremely disappointing if your claim gets denied. Know that Kaplan Morrell is here to help you. Contact us today 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.

 

 

 

Things You Should Know if you’re 420 and an Employe in Colorado

The use of marijuana has been steadily increasing in the past few years. This has been brought about by the move done by several states to legalize its use in addition to the sensationalized effects the “420 culture” can do to the user. However, one must not deny the fact that this drug can also be harmful and may even cause accidents in the workplace. It is important to understand what an employee is getting into and the consequences he might suffer by continuing to be a marijuana user whether it is for medical purposes or otherwise.

What the law says about the use of marijuana


Colorado has passed a number of amendments to the law in relation to the use of marijuana in the state. In 2000, Amendment 20 was approved which is a comprehensive measure that allows the lawful use of medical marijuana for those that are suffering certain conditions. In 2012, Amendment 64 legalized the recreational use of marijuana by adults. However, employees should not use this as a security blanket. A part of the amendment states that an employer is not required to permit or accommodate the use of marijuana in the workplace. Neither does this law affect the ability of the employee to enforce policies that restrict the use of marijuana by its employees.

Despite the number of states that have approved similar legalization rulings, federal law still classifies marijuana as an illegal schedule-1 drug together with heroin and ecstasy under the Federal Controlled Substances Act.

The famous case of Brandon Coats

The case of Brandon Coats sheds light on the true status of marijuana use in the country. He was a telephone operator for Dish network. He was paralyzed in a car accident and had to resort to marijuana to control his leg spasms. He possesses a medical marijuana card and consumed cannabis off-duty. He was then fired in 2010 upon failing a random drug test. He challenged the company’s zero tolerance drug policy claiming that his use was lawful under state law. He also argued that the medical marijuana is what allowed him to perform his job. His case was upheld in both trial court and the Colorado court appeals. It was then escalated to the State Supreme Court. Nine months after oral arguments from the two sides were heard, the court sided with the firing of Mr. Coats. It ruled that the term “lawful” refers only to activities that are legal under both state and federal law.
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.

Firefighters Compensation : Denver workers compensation

Firemen, also referred to as firefighters, are important to public safety. Unfortunately, they have one of the highest rates of wounds, injuries, and illnesses of all professions. Their job issimply to pull out people from burning cars, building fires, and other dangerous situations. While those who want to get involved in the fire department often think of the encouraging side of the job, including a pay of over $50,000 as of 2014, there is also a setback.

Being a firefighter is having your one leg buried in the ground, always on the brink of death.Firefighters work in often dangerous and complex environments that boost their threat of on-the-job death and injury. A fireman normally puts himself at risk because of fire but most eminently, from exposures to many other job-related infections and hazards. Although many died on duty, firefighters face a relatively high chance of being injured even under training.

Surprisingly, burns, an injury commonly associated with fire, are not the major cause of their wounds.

Below are circumstances and incidents that result to firefighters obtaining wounds, injuries, and long-time diseases:

  • Exposures to infectious diseases

In 2014, the National Fire Protection Association (NFPA) estimated that around 10,000 firefighters were exposed to infectious diseases, such as HIV, hepatitis, and meningitis. Hospitals that encountered medical runs by firefighters name infectious diseases as one of the common causes of death among firemen.

  • Exposures to hazards

NFPA said that approximately 25,000 injury cases related to the firefighting profession are caused by hazardous conditions. Trying to control fire and respond to medical emergencies, firefighters’ lives are put to risk often due to exposures to fumes, asbestos, radioactive materials, and hazardous chemicals.

 

  • On fireground operations

Firefighter injuries are often incurred while rescuing people and saving properties from structure fires, vehicle fires, and brush fires. Major types of injuries obtained from fireground operations are strains and sprains, wound cuts, bleeding, bruises thermal stress, and burns.

 

  • During non-fire emergencies, training activities, and on-duty activities

Over the past few years, NFA noted a relevant rise in the number of non-fire emergencies. Yet in spite the quick increase, the number of injuries that occurred as such incidents lowers by the minute.

Wearing heavy equipment such as thick coats, face masks, and combat boots does not guarantee complete safety for firefighters. It is imperative to be aware of the said risks before choosing firefighting as a career. Whilewider understanding of how these fatalities, injuries, and illnesses arise can assistin recognizingremedial actions that could help reduce the intrinsic risks, it is also important to consult trusted Denver workers compensation attorneys.

Workers’ compensation can be tricky, perplexing, and very complex. However, Colorado firefighters can rely on Kaplan Morrell to help you and thousands others who are looking to claim the benefits you deserve. Call your Denver and Greeley workers compensation attorney sat (866) 356-9898 for a FREE consultation and learn how a Denver disability lawyer could further assist you fight for your rights.