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Archive for the ‘Uncategorized’ Category
Monday, August 2nd, 2010
If you were injured at work in Colorado, you are entitled to workers’ compensation benefits. Here are a couple of immediate steps to take in order to protect your rights and receive the proper treatment and compensation needed to fully recover.
What Should I Do First?
• Seek medical attention if needed.
• Submit a written notice of your injury to your employer. This should be done within 4 days of the initial injury.
• Seek legal advice in the proper jurisdiction for information and to protect your rights.
What if My Injuries Were Not a Result of My Employer?
In Colorado, if you were injured while on the job, you are entitled to benefits no matter the cause. It is a “no-fault” system, where the negligence of a defective product, a co-worker or your employer directly constitutes a request for benefits. For the employer, workers’ compensation is an exchange for not filing a lawsuit directly against them. However, if a third party is involved such as a defective product or co-worker, a civil suit can be filed outside of the workers’ compensation system. Legal advice regarding workers’ compensation and personal injury in Colorado is highly recommended in these and all compensation claims between an employee and employer.
What Doctor Could I See?
By law, the insurance company has to provide at least two options for medical assistance. If they fail to do so, you may choose a doctor of your choice. In most cases, the insurance company will provide a caregiver. Whether you choose one or one is appointed to you, after the claim had been filed, the insurance company can request to reassign a medical provider of their choice at their expense. Do not miss your appointments. Often times, if unforeseen circumstances arise, you will be scheduled a “reschedule appointment,” but it is not a wise choice to exercise this right. Penalties can be involved. Your benefits will most likely be revoked, leaving you responsible for any and all medical bills surrounding your injury.
What if My Employer’s Insurance Company Denies My Claim?
The employer’s insurance company may deny your claim for a number of reasons. If the claims adjuster deems a lack of sufficient information, needing further investigation or determines the injury was not work related, the insurance company will deny your claim. At which point, the insurance company will file a Notice of Contest. You are then held responsible for all of your medical bills evolving from your injury. If you have private insurance and you are eligible for coverage, they may cover a percentage of this burden. After the insurance company denies your claim, you have no choice but to appeal and file for a hearing. Seeking a proper Colorado attorney will help you with this process and the following steps needed to gain the retribution you need.
Why Would I Hire an Attorney?
With changing revisions to Colorado Statutes regarding workers’ compensation claims, the probability of a company’s insurance not awarding the proper benefits or even the employer discriminating after a claim has been filed, you, the injured party, should consult legal counsel for definitive legal advice; one who specializes in personal injury and workers’ compensation in Colorado. The employer’s insurance company will often deny claims, place them in the “under investigation” process or draw the claim out so as to pay very small amounts, hindering the healing process, causing financial loss and improper treatment among others. The insurance company will work hard to not award benefits for job-related injuries.
It is your responsibility to ensure proper benefits are received. Doctors provided by the insurance company may consider the injured party MMI or Maximum Medical Improvement, which means they have determined there is no other medical treatment to improve the present status of the injury. There may still be injury and there may not. Only a specialized Colorado attorney in personal injury can help you determine if the proper treatment is or has been given.
The workers compensation claims process in Colorado can often times be a very long battle. Don’t go it alone. Contact a Colorado attorney that concentrates on workers’ compensation and personal injury cases today to ensure a fair and timely outcome to your particular case.
Tags: worker's compensation, workers comp, workers compensation attorney, workmans comp, workmans comp attorney Posted in Colorado Workers' Compensation Attorney, Colorado personal injury attorney, Colorado workplace injury, Uncategorized, worker's compensation | No Comments »
Thursday, July 1st, 2010
The BP Oil Spill has become the worst ecological disaster in American history, affection millions of Gulf coast residents in Florida, Mississippi, Alabama, Louisiana and Texas, not to mention foreign residents in the Caribbean and Mexico.
Below are some links to recent stories about the BP Oil Spill.
Reuters: Obama to Speak Tonight About BP Oil Disaster
CNN: Oil spill will get ‘unprecedented response,’ says Obama
New York Times: Internal Documents Show Risky Decisions Before BP Blowout
Washington Post: Congress Presses BP for an Apology
Fox News: BP Approves Money for Small Businesses
Wall Street Journal: Obama to Call for Broad Energy Action
If you or someone you know has suffered economic and/or personal losses as a result of the recent BP oil spill in the Gulf of Mexico, you may be entitled to additional compensation if you are able to join a successful class action lawsuit against British Petroleum, Halliburton or Transocean. Contact an experienced class action attorney who is prepared to file a legal claim on your behalf, and who has a solid track record of winning large class action judgments in court.
Tags: bp oil spill, oil spill attorneys, oil spill cleanup, oil spill lawsuits, transocean Posted in Uncategorized | No Comments »
Thursday, July 1st, 2010
For the hundreds of thousands of victims of the ever-worsening environmental disaster in the Gulf of Mexico, many are left to ponder what the future holds for them in the wake of the economic and environmental losses that has forever changed their lives. One likely outcome of this whole debacle, aside from the drastic lifestyle changes for gulf coast area residents, will be the forthcoming litigation against British Petroleum (BP), the owner of the Deepwater Horizon oil rig, as well as their primary contractors Halliburton and Transocean, and perhaps other firms yet to be named in the forthcoming mass torts or class action lawsuits that will most certainly be filed in United States federal and state court systems in the coming months and years.
These forthcoming class action lawsuits are also referred to, mostly in legal circles, as mass torts, which are defined as civil lawsuits involving numerous plaintiffs against one or more corporate defendants in state or federal court. As the name implies a mass tort includes many plaintiffs and law firms have often used the mass media to reach possible plaintiffs, including the internet, television and radio. Some of the different kinds of mass torts include mass disaster torts, which is the more relevant reference for the BP oil spill in the Gulf of Mexico as well as mass toxic torts, and product liability torts.
Regardless of the terminology being used to classify the collective actions of victims of the BP oil spill in seeking compensation for their economic and personal losses up and above what is currently being offered through the recently created $20 Billion BP Gulf Oil Spill Fund and the many state and charitable gulf spill relief funds that have cropped up recently, the end result has the same intention, namely that each individual law firm bringing such class action suits on behalf of their clients will seek to get the maximum award possible for their client’s economic losses and personal suffering as a result of the negligent actions of BP, their contractors and perhaps other 3rd party corporations that were involved in some negligent and liable way. Because each firm will litigate their cases differently, and courts will also reach different conclusions about each individual class action case, its important for you to choose the best possible oil spill attorney or law firm who will give you the highest probability of the most favorable outcome (ie: highest monetary award) for your particular case and situation.
In sum, if you or someone you know has suffered economic and/or personal losses as a result of the recent BP oil spill in the Gulf of Mexico, you may be entitled to additional compensation up and above what may or may not already have been offered to you from BP or the recently created Gulf Oil Spill Relief Fund. Contact an experienced class action attorney who is prepared to file a legal claim on your behalf, and who has a solid track record of winning large class action judgments in court – your future depends on it!
Tags: bp oil spill, deepwater horizon explosion, gulf spill relief fund, halliburton, oil spill attorneys, oil spill cleanup, oil spill in the gulf, oil spill lawsuits, oil spill lawyers, oill spill clean up, transocean Posted in Uncategorized | No Comments »
Sunday, June 13th, 2010
As we approach the 2 month mark from the Deepwater Horizon explosion and subsequent oil spill, the saga of the Gulf oil spill continues unabated. The efforts to contain the spill seem idiotic on many levels, all the more confounded by the latest in the ‘top kill’ strategies failing to plug the fissured deep sea well. Shifting strategies but failed response have mutated to an environmental disaster for the Gulf coast, causing thousands to lose their livelihoods and substantially damaging the quality of life of both wildlife and humans alike throughout the gulf coast region and perhaps beyond.
According to U.S. government estimates, some 12,000 to 19,000 barrels per day of oil is continually being jettisoned from the deep sea well into the Gulf of Mexico. The National Oceanic and Atmospheric Administration (NOAA) has now closed at 25% of the federal Gulf waters for fishing. After weeks of downplaying the environmental impact of the Deepwater Horizon disaster, Tony Hayward, the chief executive of British Petroleum (BP), recently told a TV channel: “This is clearly an environmental catastrophe. There is no two ways about it,” adding, “It’s clear that we are dealing with a very significant environmental crisis and catastrophe.”
The crude oil, even when in contact with water, stays together as a blob known as ‘mousse’. This blob floats on water and sticks to anything it comes in contact with, and unfortunately many marine animals mistake the mousse for floating food, and become poisoned when they come into contact with it. Chemical dispersants seem like an effective solution to counteract the continuing spread of this ‘sea of mousse’, as these dispersants react with crude oil to extract different chemical components from it, much like a refinery does. These dispersants help the oil droplets disintegrate into smaller droplets for easy decomposition.
In reality, these chemical dispersants are far from a panacea, as an oil spill treated with chemical dispersants poses an even greater ecological threat than the oil spill left alone! These dispersants keep the oil underwater and together have created a deadlier mix than oil and water. In fact, the chemical microbes that ingest oil deplete oxygen from the sea, creating ‘dead zones’ for fish and other marine life, which may lead to the wholesale death or even extinction of marine species in this region.
Public Health, Economic and Environmental Impact of the Gulf Oil Spill
In addition to the thousands of working Americans losing their livelihoods from the closure of fishing grounds, many thousands more will see a long term decline in property values and overall quality of life in and around the Gulf of Mexico, not to mention the thousands and perhaps millions of dead or dying birds, animals and marine life affected by the BP oil spill. The long-term public health impact of this massive oil spill are only beginning to be quantified and assessed but what is indisputable is that prolonged exposure to crude oil and the chemicals being used to “fight” its spread pose a significant danger to public health. This is because the microscopic particles from the crude oil pollute the air, and cause people to become ill with symptoms such as headache, nausea, irritated eyes and even neurological diseases in the long term.
While it is difficult to estimate and quantify the potential economic impact of the Gulf oil spill, an estimated $1 Billion is attributed to fishing in the Gulf of Mexico, and many Billions of dollars more are attributed to tourism on and around the Gulf coast region, especially in Florida. Because the cleanup of the spill is likely to take decades to complete, the overall economic impact on the Gulf coast over the lifetime of the oil’s presence on its beaches, marches, and sea floor where the food chain for marine life in the region begins will surely reach unprecedented totals in the history of man-made environmental disasters. Furthermore, BP and the other companies involved with the spill, Halliburton and Transocean, are not required by US law to pay retribution to people and businesses affected by their actions and neglect.
BP Oil Spill Class Action Lawsuits
According to the Oil Pollution Act of 1990, a $75 million cap is in place which limits the amount of money to be spent by a company that has caused an oil spill on retribution to private parties, a paltry sum in comparison to the actual monetary damages being incurred by residents of this region and in comparison to the profits made by these same companies from just the Deepwater Horizon well alone. If your livelihood, property or health has been affected by the negligence and mismanagement of BP and their subcontractors, you may be entitled to monetary compensation for your loss and suffering. Contact an attorney or law firm who specializes in oil spill class action lawsuits to evaluate your particular circumstances and fight for your rights!
Tags: bp, bp oil spill, gulf oil spill, haliburton, oil spill, oil spill attorneys, oil spill cleanup, oil spill containment, oil spill lawsuits, transocean Posted in Uncategorized | No Comments »
Monday, May 3rd, 2010
In the United States, the two largest and most well-known social security programs are Social Security Disability Insurance (SSD or SSDI) and Social Security Income (SSI). Both of these disability-assistance programs were designed to provide monthly payments and Medicare benefits to disabled individuals who have contributed to the general Social Security fund by working (in the case of SSD) or who can prove that they have both a disability and financial need (in the case of SSI). The process of filing and being approved for SSD and especially SSI can be an arduous and highly time-consuming and frustrating task for many Colorado residents.
The process of filing a disability claim usually begins at the Colorado (or other state) social security field office. In many cases these claims are rejected, often because they have not been supported with sufficient evidence of your medical condition or by the records themselves. If you lose a case at the state level, you should contact a Colorado SSI attorney immediately to file an appeal. Remember that you only have 60 days from the time of your claim rejection to do this, so don’t wait!
When applying for SSDI or SSI, its important to remember that:
- Benefits are awarded to people who are unemployed, have worked and paid payroll taxes in at least five of the last ten years, have a proven disability that is expected to last for at least 12 months and are unable to perform their normal career work or previous job
- Benefits are made in monthly payments to disabled persons or widows or minors (under 18 years of age) whose spouses or parents have contributed to Social Security
- The Social Security Administration’s (SSA) decision to grant benefits is largely based on paperwork, and errors are common, especially in complex cases involving a large degree of paperwork
- The amount of time taken by the SSA in processing SSD/SSI claims and granting benefits can often take more than a year so if you are disabled and you expect that injury to last for some time, apply immediately
Social security disability benefits will begin approximately five months after the established onset of the disability, meaning that these benefits will start for the 6th month after the date of your disability. In addition, if you are 65 years or older, generally speaking you will be eligible to receive Medicare and Medicaid coverage in addition to your disability benefit payments.
If you are disabled Colorado resident and feel that you qualify for CO Social Security Disability, you should contact an experienced Colorado SSI Attorney immediately. Furthermore, if you believe that your disability is the result of an accidental injury or if you have disability insurance which you purchased either through your employer or individually, you may be eligible for benefits from more than one source! Contact an experienced Colorado Social Security Disability attorney today to thoroughly review your legal options.
Tags: colorado ssi attorneys, disability attorney, disability attorneys colorado, ssdi attorneys, ssi attorney, ssi disability Posted in Uncategorized | No Comments »
Friday, April 30th, 2010
Slip and fall accidents can happen anywhere and at any time but are typically a more common occurrence in colder weather states such as Colorado, given the higher incidence of ice and snow, which are some of the most common causes of a slip and fall accident. However, if you are injured in a slip and fall accident in Colorado, once you have received treatment for your injuries you will need to consider your legal options if you feel your injuries were caused by the negligence of another person or business.
Colorado Slip and fall accident lawsuits fall within United States tort law, namely that a slip and fall claim is a tort and is based on ones claim that the property owner was negligent by allowing an unsafe condition to exist that was the cause of the slip and fall accident The degree of negligence of the defendant, or business owner(s), that you and your Colorado slip and fall accident attorney are able to prove will the one of the most important factors in determining what amount of compensation you are entitled to receive for your injuries.
Pay close attention to the word degree in the last sentence. This is because in the majority of slip and fall cases in Colorado, and throughout the United States, a portion of the blame of who was at fault for your accident will be assessed to both YOU (for not paying attention etc.) AND the defendant (for not cleaning up a spill etc.) and it is for this reason above all, that blame is typically assigned to both parties to some degree, that you will need an experienced personal injury attorney who specializes in Colorado slip and fall case law to argue your case most effectively and to get you the maximum compensation possible for your injuries and suffering.
In preparation for a slip and fall case, to ensure optimal results you should be able to provide the following information to your attorney:
- Photos of the accident scene. Pictures that can best show what the conditions were at the time of the accident are of the highest value to your case.
- The names, phone numbers and any other contact information for as many witnesses to the scene as possible.
- If the accident happened at a place of business, you should have received an “incident report”
- Any reports of prior slip and fall accidents at this place of business
- Proof of your injuries and damages, including medical bills, lost time at work etc.
Remember that if you have suffered injuries from a slip and fall accident in Colorado, and you feel that a business is at least partially responsible for your injuries and suffering, you need to contact a Colorado attorney experienced in slip and fall accident litigation immediately!
Tags: co slip fall lawyer, colorado slip fall attorney, slip and fall, slip and fall injuries, slip fall accidents, slip fall injury Posted in Uncategorized | No Comments »
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About Frank D. Azar & Assoc.
From its inception 1987, Franklin D. Azar & Associates, P.C. has concentrated in cases involving personal injuries.
In recent years, we have also begun representing persons in a variety of class action lawsuits, ranging from victims of defective and dangerous products to employees who are not receiving full payment for their work from their employers. We currently maintain offices in Denver, Colorado Springs, Pueblo, and Trinidad, Colorado.
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