Tag Archives: Workers Compensation Attorney Denver

Did You Know? 4 Oddball Injuries Covered By Workers Compensation

Unbeknownst to many individuals, Workers Compensation covers a wide variety of injuries, situations, and conditions. In spite of this, we’ve decided to compile a helpful article to help you understand what else is covered by workers compensation.

Running Errands

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If you find yourself running errands for your boss, you’re technically working. Even though you’re not at the work place, the activity you’re partaking in is considered work. Due to this, if you sprain your ankle while walking off a curb or trip and chip your tooth while walking, you have the potential to be covered by workers compensation. It is important to note, however, you’ll be denied workers compensation if you’re running errands for either yourself or a fellow coworker.

Utilizing Company Vehicles

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Do you frequently find yourself using a company vehicle? Whether it be for driving to work, meeting with clients, or even traveling to business meetings, you may be covered by workers compensation if you find yourself in an accident. However, if you’re in your own personal vehicle and end up in the same predicament, you’ll likely be denied workers comp.

Loud Working Conditions

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How loud is the work environment you’re in? If it’s considerably loud and you suffer from a loss of hearing, you have a good chance of receiving workers compensation benefits. If you’ve been working at the same company with said noisy environment for a number of years, your impairment has the potential to be covered. Before filing a claim, its best to consult your local Denver Disability Lawyer or Greeley Disability Lawyer, to figure out the best course of action for your given situation.

Corporate Events

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Is your company offering a company-wide picnic or event? If you find yourself becoming injured during this situation, you could be covered by workers compensation. Whether it be hurting yourself during a friendly volleyball game, trip during a game of catch, or even slipping on slippery pavement, be sure to consult with a Greeley Workers Compensation Lawyer or Denver Workers Compensation Lawyer to gain better direction with the matter at hand.

Workers’ Compensation: Should I Sue or Should I File a Claim?

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Workers’ compensation insurance refers to a type of insurance that employers purchase to cover employment-related illnesses and injuries. It is state-mandated and consists of payments required by law to be made to a worker or employee who was injured, disabled, or got sick in connection with work. The payment may cover medical expenses and partial wage replacement as well as permanent impairment benefits for those who qualify. No matter who was at fault for the injury, injured or disabled employees receive workers’ compensation insurance in most situations.

Can I Sue My Employer for a Work Injury?

 In a case for workers’ compensation, when an employee got injured on the job, he or she is entitled to the benefits of workers’ compensation, with very limited exceptions. In such case, you don’t need to prove that your employer or your co-workers did something wrong in order for you to be entitled to receive the benefits. At the same time, it does not matter if you were negligent and such caused your injury. You are still entitled to receive the benefits of workers’ compensation even if you are negligent.

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This does not mean you cannot sue your employer. You may sue if the employer was involved in any reckless or intentional action that resulted to your injury. However, if you choose to do this, you will have to waive your right to receive workers’ compensation insurance. When you are able to prove that your employer was involved, the court may award a broad range of damages, such as punitive damages, as well as medical expenses, lost wages, and moral damages.

The thing is, when you decide to sue your employer, you need to prove that the employer, in one way or another, had something to do with your injury. This process may be tedious and time-consuming, not to mention the fact that in case you were not able to prove negligence, you won’t get anything to compensate for your loss, sickness, or disability. Anytime an injury results from any intentional, reckless, or illegal action from an employer, the employee has the right to sue the employer and refuse the workers’ compensation benefits.

Getting the help of Denver Workers Compensation Attorney

If you are currently contemplating whether you want to sue your employer or file a claim under the workers’ compensation, you need an expert advice from a Denver workers compensation attorney. Workers’ compensation laws generally prevent the need for an injured employee to bring a case for negligence or remedy of damages against a participating employer. The process of filing a workers’ compensation claim is easier and assures the employee that he or she receives a certain amount covering the medical expenses and lost wages.

If you are injured on the job, quickly notify your employer. If the latter refutes your claim, or you feel that you need to know more about your rights as an injured worker, seek legal help from a Greeley workers compensation lawyer.

Workers’ compensation can be confusing and complex. Even if the law says it involves a simple process, talk to lawyers at Kaplan Morrell to make sure that you get the most benefits that you deserve. Contact us now by calling (866) 356-9898 for a free consultation.

New Workers, Old Workers, Refresh your Knowledge on Workers Compensation (Part 2)

Continuing our discussion on the basics of worker’s compensation, let’s now get into a few details about the Colorado worker’s compensation program. There are terminologies that you need to be familiar about as they seem to be challenging to understand.

Below are some terms that you should know. Remember that being well-informed about the system can help you protect your rights.

 Medical benefits

All medical expenses incurred by an injured worker is covered by the worker’s compensation insurance or the employer. These include hospitalization, therapy, medical procedures, doctor’s appointments and other medical supplies needed by the injured worker.

 Temporary disability benefits

Also known as lost wage benefits. While seeking medical attention, you may not be able to return to work because of doctor’s restrictions. Thus, you are entitled to receive temporary disability benefits.

There are two types of this benefit:

  • Temporary total disability means an injured worker is fully restricted from working and will receive a pay 2/3 of the average weekly wage. This amount up to $800 per week and this limit may change every year.
  • Temporary partial disability means an injured worker can still perform limited roles at work most likely at a lower wage. You will then receive a pay 2/3 of the difference between your previous wage and your current reduced wage.

 

 

Permanent disability benefits

Can be classified into two: Permanent total disability and permanent partial disability. Permanent total disability means an injured worker is not able to return to any type of employment. In order to receive a permanent total disability benefit, an injured worker needs to be found totally unable to make any wages.

On the other hand, permanent partial disability means an injured worker has a permanent impairment that could be permanent to his life but still can perform a job and make wages. This is determined when you reach the maximum medical improvement (MMI) and your doctor assigns an impairment rating.

Your permanent partial disability benefit may vary depending on which part of your body is severely injured or non-functional. This could be best explained to you by an experienced Colorado workers compensation lawyer.

 

Monetary benefit for disfigurement

This is an amount given to an injured worker who suffers from disfigurement like scars that don’t fade away and atrophies. These disfigurements may affect your personal image in the workplace and your job performance as well.

 

Death and funeral benefits

If unfortunately a worker losses his life while on-their-job duty, their dependents are entitled to death benefits which pay 2/3 of the workers weekly wage. The surviving spouse will receive the death benefit for a lifetime or until he/she settles into another marriage. Children (including adoptions) will receive the death benefit until 18-21 years of age.

Meanwhile, other dependents like parents and siblings over 18/21, can receive the death benefits if they are proven dependent to the worker at the time of his death. More of that, funeral expenses are covered up to $7,000, and all other medical expenses by the workers compensation insurance or employer.

 

Worker’s compensation may sound complicated but it is a must that you understand the whole system for you to receive what you are due. Our attorneys at Kaplan Morrell will provide you more information. Call us at 866 356 9898 for a FREE CONSULTATION.

Workers Compensation Trends: What to Expect these Days

In recent years, the workers compensation market has shown its propensity to maintain a steady incline. This upward trend is brought about by a lot of factors – both national and local in scope – and continues to trigger workers compensation costs to rise beyond limits. Higher compensation costs result to higher business expenditures and, as history always proved, bigger employment issues eventually. Let’s take a look at the top three most critical issues hounding the workers compensation market today and see how these affect the way business is done in and outside the state.

 

Re-entry of Middle East war veterans into the workforce

Out of the 2.4 million Americans deployed during the Iraq and Afghanistan wars, more than 50,000 soldiers sustained injuries and are now returning in droves to re-enter the US workforce. And with the Administration’s promise of getting all US soldiers out of combat by 2016, the reintegration of these veterans, injured or not, will certainly affect the workers compensation market.

 

The effect will fall on the companies that will have to employ veterans, though those who will employ veterans with service-related injuries will still enjoy the support of the Veterans Administration (VA). The VA’s coverage ensures that veterans with service-related injuries are continuously addressed even when the veterans turn to private employment.

 

That saying, the issues are still many. First, how will a private work injury be treated when there is a pre-existing service-related injury? While it could easily be treated as any other work injury superimposing a pre-existing work injury (from a previous employer), it is reasonable to expect that the veteran would prefer to seek assistance from the VA as it is where he or she is getting service-related injury treatments. In such a case, the question of reimbursement for the work injury to the federal government looms.

The Affordable Care Act

The much awaited implementation of The Patient Protection and Affordable Care Act of 2010 (‘Affordable Care Act’ or ACA) finally started this January 2014. The ACA will definitely have an impact on workers compensation costs as medical expenses have been shown to take up a huge chunk of the market.

 

The predictions with regard to ACA favor the businesses as it has aspects that are expected to reduce workers compensation costs. First, the removal of lifetime caps on medical insurance coverage (typically pegged at $1 million) will change the way workers apportion the costs between their health insurance and the workers compensation carrier.

 

Second, the mandatory coverage of employees with pre-existing conditions such as hypertension or diabetes would shift treatment costs to the insurer. An illustration: A hypertensive worker who suffers a fall and would need hypertensive treatment prior to orthopedic surgery would normally turn to the workers’ compensation carrier for treatment of both hypertension and orthopedic injuries. Under the ACA, it is the health insurer who is liable.

 

The ACA is generally favorable to both employees and employers. After all, a healthier workforce will ultimately yield to a lower workers’ compensation cost.

 

Return to litigation from mediation of workers’ compensation claims

The shift has reversed. Ten years ago, the trend has been towards mediation. Today, given the way mediation has not favored them, businesses have started to demand their cases to be litigated instead. From settlement of dubious injuries to paving the way for some unwritten worker benefits, mediation has proved to be a dangerous way of doing things. This reversal will definitely affect the number of workers compensation claims in the future.

5 Things a Denver Workers Compensation Lawyer Can Help You With

An on-the-job injury or acquired infection can be one of the most devastating events to ever occur in your life. Nothing can be more tragic than losing your ability to perform your job, but fortunately, Denver Workers Compensation gives you the opportunity to regain income to help pay your mortgage, your electric bills and buy groceries. When something happens in Colorado, and on the job that results in your injury, you have the right to file a Workers Compensation claim. However, without the guidance and assistance of an experienced Denver Workers Compensation lawyer, your chances for a successful, initial claim stand much lower than anyone who does hire a workers’ compensation lawyer. A Denver Workman’s Compensation Attorney can assist you in finding an appropriate doctor, filling out forms, adding credibility to your injury, expediting claims, or appeals. It is your right to apply and obtain workers compensation after a work related injury.

Some things you need to know as an injured worker in Colorado:

  1. You have the right to choose a Doctor

You may be under the impression that you only need to visit your Primary Care Physician (PCP) to address your injury, but regulations require you to see a doctor with a specific license for occupational injuries. Before you waste money on any physician, your workman’s compensation attorney will prepare a list of all available physicians within your area, who are qualified to assess your condition and meet requirements of the state and the insurance company.

  1. Filling Out Your Claim Forms

There are thousands of forms required in order to be filled out in meticulous detail; and therefore, the insurance adjuster assigned to your case may deny your claim on the basis of a single missing line of data. An attorney will ensure all of the necessary documents are signed, dated, and filled out in entirety.

  1. Verification of Work Place Injury

In modernity, it appears that millions of people try to file unfounded workers compensation claims, but choosing to hire an attorney gives your claim credibility while also acting as a verification for your injury. Denver Workers Compensation Lawyers screen applicants to make sure the claims are true and not a waste of time.

  1. Expedite Claims

In relation to providing verification and credibility to your claim, a Denver Workers Compensation Attorney, essentially, expedites your claim since insurance adjusters know that the claims have already been investigated by the attorney. Furthermore, an attorney possesses the legal know-how that brings forth attention and demands respect from all.

  1. Appeals when Denied

One of the most important things that a Denver Workers Compensation Lawyer can assist you with is filing an appeal. An appeal occurs when the insurance adjuster denies your claim for differing reasons. An attorney is able to determine the next course of action, file the appeal paperwork, and have your case reviewed again in a timely manner to help you get your workers comp benefits.

You deserve to have peace-of-mind when you have a work-related accident or injury, and you need to attain Workers Compensation benefits as soon as possible. Hiring an attorney before or after filing a Colorado Workers Compensation claim will help you get the benefits and help you deserve when injured on the job. Find a Denver Workers Compensation Lawyer to help you with your injured worker claim.