Workers' Compensation Lawyers in Denver, CO
Many jobs in Colorado come with benefits. Most types of part-time and full-time employment, for example, at least offer workers’ compensation benefits, which protect you if you’re injured on the job. Many hard-working employees, however, find they run into trouble when they try to file a claim.
Whether you are a new worker or have been on the job for years, if you’re having trouble getting your rightful benefits, contact the Denver offices of Flaxman Law Group by calling 970-999-0530. Talking to workers’ compensation lawyers in Denver, CO as soon as possible can help you fight back if an insurance company is trying to deny you your rightful benefits.
What is Workers’ Compensation?
Workers’ compensation is a system of insurance that provides benefits to employees who get injured or become ill while performing their job duties. It is designed to provide financial compensation for medical expenses, lost wages, and, in some cases, rehabilitation costs. The system is generally no-fault, meaning that even if the injury or illness was caused by the employee’s own actions or a third party, the worker is still entitled to benefits.
In Colorado, workers’ comp is overseen by the Colorado Division of Workers’ Compensation. Most employers in the state are required to carry workers’ compensation for their employees.
How Can a Workers’ Compensation Attorney Help?
Technically, you can file for workers’ compensation benefits without an attorney. You simply report your work injury or occupational illness to your employer or supervisor and follow your workplace’s process for filing a claim.
Many Denver workers find that it’s not so easy. Workers’ compensation claims can be legally complicated. Understanding the paperwork and how much benefits you’re entitled to can be complex. An attorney can help with this by explaining everything in an easy to understand manner.
Many employees also find their claim is denied or that there is a dispute about the compensation amount. In some cases, employees find out that their employer didn’t have insurance, as required by law. Another common situation happens when a worker gets benefits but then is pressured to return to work before they’re healed, with an insurance company cutting off benefits. In these situations, a workers’ compensation attorney can represent you in hearings or negotiations with the insurance company.
If your case is not resolved in your favor, an attorney can guide you through the appeals process, ensuring that you don’t miss important deadlines or legal steps.
How Does Workers’ Compensation Work in Colorado?
Workers in Colorado are typically covered for injuries that occur in the course of their job, including repetitive strain injuries, slip-and-fall accidents, and illnesses that are related to the work environment. Injuries caused by horseplay at work, substance abuse, or criminal activity are not covered. Injuries that happen during breaks are also usually not covered.
Workers in Colorado can receive medical treatment for their injuries, which is usually paid for by the employer’s insurance. This includes doctor visits, hospital stays, surgery, and rehabilitation services. All required medical treatment should be covered in full.
If you’re unable to work due to an injury, you may be eligible for wage replacement benefits. Colorado law typically provides up to two-thirds of your average weekly wage, subject to state limits.
Under Colorado regulations, you must report the injury to your employer within four days and file a claim for workers’ compensation benefits within two years of the injury date. In most cases, you will want to report and file as soon as possible as this is the best way to build a strong case and to preserve evidence.
What Can You Receive in Workers’ Compensation?
The benefits you receive through workers’ compensation can vary depending on the severity of your injury or illness, as well as the laws in your state. However, common benefits in workers’ compensation include:
- Medical benefits. Workers’ compensation covers the cost of necessary medical care for workplace injuries or occupational illnesses. This includes doctor visits, surgery, medications, and any required rehabilitation.
- Temporary Total Disability (TTD) Benefits: If you cannot work temporarily due to your injury, you may be entitled to wage replacement. In Colorado, this is two-thirds of your average weekly wage, up to a set maximum.
- Temporary Partial Disability (TPD). If you can do some work with your injury, you may qualify for TPD if you are earning less because of your injury. This benefit is meant to narrow the gap between what you were earning before and what you are earning with modified work duties.
- Permanent Disability Benefits. If your injury results in permanent disability, you may be entitled to a lump sum or ongoing payments, depending on the severity of your condition.
- Vocational Rehabilitation. In Colorado, employers do not need to offer this benefit, but some workers’ comp policies do offer it. If you have this benefit and can’t return to your previous job due to your injury, this benefit covers the costs of retraining for a new position.
- Mileage reimbursement. If you need to travel to see doctors or specialists or need to travel to pick up medication or medical devices for your work injury, you can apply for this reimbursement. If approved, you get reimbursed for mileage and parking.
- Death benefits. In the unfortunate event that an employee dies due to a workplace injury, their family or dependents may be eligible for death benefits, which cover funeral costs and provide financial support for the survivors. In Colorado, you may be eligible for up to $7,000 in funeral costs. You may be able to get these benefits instead of having to file a wrongful death claim against the employer.
Making sure that you get all your rightful benefits is essential. While you can’t work, these benefits can be the way you pay for medical treatment and your bills, and if you don’t get the right benefits you may face financial worries. This can affect your ability to heal or may even push you back towards work before you’re cleared to do so, which puts you at risk of re-injury.
Don’t let that happen to you. Speak with workers’ compensation lawyers in Denver, CO to find out how much you may qualify for. If the insurance company is trying to deny your claim or pay you less than you deserve, your attorney can negotiate or even take the matter to court to make sure you get your benefits.
What Should You Do if You’re Hurt at Work?
If you are injured at work, it’s important to act quickly and follow the necessary steps to make sure you have the best chance of healing fully and of getting your benefits. Here’s what to do:
- Seek immediate medical attention. Even if your injury seems minor, it’s always best to get checked by a doctor to rule out more serious issues. Get someone at work to call 911 if you’re seriously injured. Otherwise, see a doctor as soon as you can so you can start documenting your injuries and so you can start treatment.
- Report the injury to your employer. Notify your employer of the injury as soon as possible, ideally in writing, to make sure there is a record of the incident. Your employer will need to report the incident to their insurance company to start the claims process. If they fail to do so, you’ll need evidence that you reported the injury or illness as required.
- Document everything. Keep a detailed record of your injury, including the time, location, and circumstances of the accident, as well as the names of any witnesses. Take photos of the accident scene and your injuries, if you can. Keep any communication with the insurance company, copies of your workers’ comp paperwork, and everything else related to your claim in one place.
- Follow medical advice. Stick to your doctor’s treatment plan, attend follow-up appointments, and ensure you’re doing everything possible to recover. Not only does this give you the best chance at healing, but it’s important to show you’re serious about your injury. Insurance companies look at this when deciding whether to approve your claim.
- Stay on top of your claim. Once you’ve informed your employer, you’ll need to file a claim with your employer’s workers’ compensation insurer or the state workers’ compensation agency by filling out forms. Read the instructions carefully and get help filling out the forms if you need it. Make sure everything is accurate and completely filled out.
While Colorado workers’ comp is intended to offer quick benefits to injured workers, you can run into problems at any stage of the process. Your employer may create delays, you may have trouble getting treatment, or the insurance company can be requesting additional information. If you run into trouble, contact workers’ compensation lawyers in Denver, CO. They can help.
Contact Flaxman Law Group Today
For a free, no-obligation consultation. We are available 24/7, and there is never a fee unless we win.
How Do You File a Workers’ Compensation Claim?
Your claim begins when you report your injury to your employer. Your employer may provide you with a designated provider list, with up to four healthcare providers. If your employer provides you with this list within seven days of you telling them about your injury, you must see a doctor on this list. If you refuse, your medical treatment may not be covered.
Once you inform your employer about your injury, your employer will file a claim. You will also need to fill out documentation. Once this is done, the insurance company will review the application and ask for more information, if needed.
You will get a letter, telling you whether your claim was approved. If your claim is denied, you may need to work with a workers’ comp attorney to appeal.
What Are the Common Causes of Workplace Accidents?
Workplace accidents can happen for a variety of reasons, and they often depend on the type of work environment. All environments can pose their own hazards, but overall the most common causes of workplace accident tend to be:
- Slips, trips, and falls. These are among the most frequent causes of workplace injuries, usually caused by wet floors, uneven surfaces, and cluttered walkways. In construction site accidents, falls can happen from heights, such as when contractors are working on cranes or scaffolding.
- Overexertion. Lifting heavy objects or performing repetitive motions can lead to strains, sprains, repetitive strain injuries, and other musculoskeletal injuries.
- Vehicle accidents. Workers who drive as part of their job, including truck drivers and delivery personnel, are at risk of accidents involving vehicles. Even office workers who use the company’s fleet of vehicles for job duties are at risk of traffic crashes.
- Falling objects. In warehouses, offices, and at construction sites, falling objects can cause severe head injuries, crushing injuries, and fractures.
- Exposure. Employees working with chemicals, toxins, or dangerous machinery are at risk of injury or illness due to exposure. Some workplaces also contain black mold, asbestos, and other hazards which can lead to cancer and other serious medical conditions, often years later.
The bottom line is that workplace injuries and illnesses can happen at any job. While firefighters rushing into a burning building are at risk, a librarian can also sustain a serious injury if a ceiling tile falls on him or her at work. A ski instructor can easily fall and suffer a spinal injury while teaching a children’s ski class. Workers across Colorado are injured every day, for a variety of reasons. At Flaxman Law Group, we believe they deserve their rightful benefits.
Workers’ compensation is meant to support employees who are injured or become ill due to their work. Workers who are injured or ill may be worried about paying the bills, keeping the lights on, and paying for medical care. Workers’ comp is meant to relieve these worries, but all too often the complex application system and the tendency of insurers to deny legitimate claims creates a nightmare for injured workers.
If you run into problems accessing workers’ comp, contact the Denver offices of Flaxman Law Group by calling 970-999-0530. Our law team can explain whether you have a workers’ comp claim, premises liability claim, or third-party claim.
FREE CASE REVIEW
50+ Years of Combined Experience,
Personal Attention to Every Case
Testimonials
"Friendly and professional customer service. From the receptionist to the paralegals, everyone makes you feel comfortable. Best firm I’ve ever dealt with."
- Catherine M.
"Thank you! This guy is great and really knows what he is doing. I've had to hire several people throughout the years for similar services and Mr. Flaxman is the best by far. I would recommend him to anyone.”
- Jeff W.
"Very prompt reply. Confident in his abilities. Educated me so I wasn't overwhelmed with the lingo. Very personable. Thank you again for helping me out Mr. Flaxman!!"
- Tayla M.
