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Archive for the ‘Colorado personal injury attorney’ Category
Wednesday, September 1st, 2010
Under Colorado product liability law, you have the right to have your case heard by a jury as well as recover damages for pain, suffering, disability, lost wages and also for future damages.
The law of products liability is complex and varies between states in the degree of accountability in which they hold a defendant for injury caused by its product. It is important to be informed by a Colorado attorney that is seasoned in personal injury cases and product liability throughout the state of Colorado.
What if a defective product injures me?
If a defective product has injured you or someone you know, it is highly important to contact a knowledgeable Colorado attorney immediately. This is to protect your rights. Under Colorado law, there are statutes in place that prevent damages collection if too much time has passed from the date of your injury to the date of recovery. Document the date of the injuries sustained by the defective product, all injuries and symptoms you experienced as they present themselves. Also, make sure you keep the defective product, its original packaging if applicable and receipt from the place of purchase. It is important to not alter or damage the defective product further in any way. Any type of altering of the product could prevent you from collecting the compensation you deserve.
The laws in place regarding product liability can be complex and difficult to comprehend without the help of an experienced Colorado personal injury attorney. Furthermore, defendants in product liability cases usually are large manufacturers attempting to protect their product with seemingly unlimited resources. A well-informed and experienced Colorado personal injury attorney can help you protect your rights and receive the proper compensation needed after an encounter with a defective product.
How do I know if the product is defective?
• If a product contains inadequate instructions or cautions to foreseeable risks, it is a marketing defect.
• If a product is manufactured with a flaw of any kind, but is marketed and designed properly, it is a manufacturing defect.
• If a product is designed with foreseeable flaws that could prevent injury by an altered design, it is a design defect.
If a product is defective in the way that it is manufactured, marketed or designed, and a person is personally injured by that defect, the manufacturer, distributor and/or the seller of the defective product is held liable and is responsible for the consequences of said defect. Only a seasoned Colorado personal injury attorney can help you protect your rights and recover physically, mentally and emotionally, gaining the monetary damages deserved, and making sure that others do not sustain these same injuries.
Given the differences in which states and courts handle the issues of product liability, if you are injured by a defective product in Colorado you should immediately contact an attorney with requisite and verifiable experience in both Colorado personal injury cases and product liability cases.
Tags: Colorado personal injury lawyer, colorado wrongful death attorneys, denver personal injury attorneys, personal injury, wrongful death attorney, wrongful death lawyers
Posted in Colorado attorney, Colorado personal injury attorney, Colorado product liability, product liability | No Comments »
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 »
Sunday, August 1st, 2010
With the number of cyclists increasing through programs like Bike to Work, Ride to Work Day and May 2011 becoming National Bike Month, drivers will see an increase of the number of cyclists on the road, not to mention the number of people now walking as an alternative means of transportation.
Boulder, CO has one of the largest tri-athlete communities in America. Hundreds of cyclists and runners frequent the roadways daily there and throughout the Front Range of the Rockies. Trendier ways such as skateboards, rollerblades and scooters are also becoming more prominent means of transportation for today’s youth, not to mention motorcycles. These people have rights too!
Today there are many drivers that become distracted by cell phones, radios, fast food, etc. that it becomes ever more difficult to be a good defensive driver as well as being aware of pedestrians and cyclists. The lack of awareness is growing. If you or someone you know have fallen victim to one of these crimes and you are reading this now, you have taken the right step to protecting your rights.
Often times, vehicles on the roads and highways feel they are in the right because of the size of their vehicle. Hummers and oversized SUVs tend to rule the streets with a “Get Out of My Way” approach to driving. Violations of these rights can and will result in legal action, if you have the right representation! And the government is on board…
Many times, the problem lies in the lack of previsions for pedestrians such as proper crosswalks with hand signaling lights and sounds for all people, proper space provisions on roadways and proper education for all drivers. However, the Department of Transportation is now including cyclists and their needs into the development and designs of federally funded projects.
As of March 2010, the Department of Transportation no longer considers the automobile as the autonomous ruling aspect on America’s roads. Transportation Secretary Ray LaHood says on his blog that the needs of pedestrians and cyclists will be considered along with those of motorists, and he makes it clear that walking and riding are “an important component for livable communities.” He also states, “This is the end of favoring motorized transportation at the expense of non-motorized.”
Beyond making it easier for cyclists and pedestrians to get around, the DOTs new $500 billion project is intended to make it safer for them to get around. A report released by Transportation for America and the Surface Transportation Policy Partnership found more than 43,000 pedestrians nationwide have died this decade due to what the authors say are inadequate crosswalks and safety features for pedestrians. Some feel the roads aren’t safe for pedestrians, bicyclists or people with disabilities.
Pedestrians are nearly always awarded the right of way in Colorado unless, for example, leaving the curb or a safe place, entering the path of a moving vehicle and causing immediate danger.
Some of the revised Colorado Statutes on this topic can be found here:
http://www.nmts.org/laws/coloradoBikelaw.html
Seriously injured victims struck by careless drivers through pedestrian injury accidents and bicycle accidents will be held responsible for their actions. Don’t be a victim, take action and contact an experienced Colorado personal injury attorney today!
Tags: accident attorney, bike accdient attorney, bike accidents, colorado bike accidents, pedestrian accdient, pedestrian accident attorney, peronal injury, personal injury attorney, personal injury lawyers
Posted in Colorado attorney, Colorado personal injury attorney, bicycle accident attorney, pedestrian accident, personal injury, personal injury attorney | No Comments »
Monday, March 1st, 2010
Medical negligence occurs when a doctor, dentist, nurse, surgeon or any other medical professional performs their job in a way that deviates from an accepted medical standard of care. Medical negligence is the foundation of a medical malpractice claim. Here are some common types of medical negligence. If you’ve suffered an injury from any of the following kinds of medical negligence, you should contact an Colorado attorney immediately!
Misdiagnosis: One of the most difficult aspects of a doctors job, is taking a set of symptoms and diagnosing the illness or injury causing them. There are many different illnesses that may result in similar symptoms, but require very different treatment. For this reason, it is important that, if a doctor has doubt regarding a diagnosis, further testing should be done.
Failure to Timely Diagnosis: Often an illness or injury becomes increasingly difficult to treat as time goes on. It is therefore important that a doctor diagnose an illness or injury in a timely manner.Surgical Error: Surgical errors are a common form of medical negligence, and usually involve a doctor accidentally cutting or cauterizing an internal organ or tube, which can be defined as a negligent act if careful performance could have prevented it.
Failure to Follow Up with Treatment: This is a broad form of medical negligence that involves a doctor prescribing treatment, then failing to monitor the progress and adjust or cease treatment accordingly.
Failure to Treat in a Timely Manner: Once a doctor makes a diagnosis regarding a patients’ illness or injury, treatment should be administered within a time frame that gives the patient the best possible chance at recovery. If a doctor fails to act quickly enough to treat the patient, then negligence may have occurred.
Anesthesia Errors: Anesthesia errors can lead to severe brain injury, organ failures, and even death.Medication or Prescription Error: Medication and prescription negligence generally occur in one of two ways: 1. A doctor prescribes a patient a drug or medication that causes injury due to a dosage error, misdiagnosis of symptoms or failure to check for allergic reaction, or; 2. A prescription is filled incorrectly by a pharmacist, which can lead to injury to the patient. One case places liability for medical negligence on the prescribing doctor, and the other on the pharmacist.
Should I Contact an Attorney? If you’ve been injured as a result of medical negligence in Colorado, you should contact an experienced personal injury attorney today. Due to the complexity of the issues involved, and the fact that hospitals and health care providers have large legal budgets at their disposal, it is important that you talk to an attorney. An attorney can help protect your rights and get you the maximum compensation for which you’re entitled. Don’t take on the insurance companies alone: contact a Colorado personal injury attorney today.
Tags: doctor malpractice, hospital malpractice, medical malpractice, medical malpractice attorneys, medical malpractice colorado, medical malpractice law firm, medical malpractice lawyers
Posted in Colorado personal injury attorney, anesthesia error, medical malpractice, medical negligence, misdiagnosis, surgical error | No Comments »
Thursday, February 25th, 2010
If you are involved in an accident or injury in Colorado, preserving any physical evidence of the incident and your injuries can support your position in any legal claim you may decide to pursue. It is important to do this as soon as possible after the incident, because circumstances can change quickly: accident scenes can be altered, memory can become unreliable, and evidence can be overlooked or misplaced over time.
Though it may be the last thing on your mind right after a traumatic experience, collecting and preserving evidence of your personal injury could be very beneficial should you decide to pursue legal action. Your attorney will be able to use the evidence you collect to help. If you are unable to collect evidence yourself, ask a friend or a loved one to do so for you! Preserving evidence of your accident or injury is one of the most important things you can do to protect your rights.
The first step to take in protecting evidence of your injury is to make sure that physical items are preserved, including torn clothing, broken equipment, and any documents. Here are some steps to take after some common injuries:
Auto Accidents: After a car accident, take photos of the scene, your injuries, and any property damage. In addition, get copies of all medical records pertaining to your treatment after the accident, keep copies of property damage estimates and repairs records, and obtain a copy of any police report that is made.
Defective Consumer Products: If you are injured by a faulty product, be sure to preserve the product in the same condition that it was in when the incident occurred. Keep all written instructions, warnings, labels, and packaging that accompanied the item. If you can, try to locate the original sales receipt for the item. If you cannot find the receipt in your own personal records, ask the seller if they have a copy.
Medical Malpractice: In a medical malpractice or birth injury case, keep or obtain copies of all medical records that pertain to the medical treatment at issue, as well as those related to any second or third opinions obtained from other health care providers. Also, in cases where a physical injury is visible, be sure to take photos that depict any evidence of potentially improper medical treatment.
Take Pictures! Remember that preserving physical evidence itself may not always be possible in every case involving an accident or injury. In these situations, your best option is to take clear and detailed photographs of the area where the injury occurred, from multiple angles, and ideally under the same conditions.
Should I Contact An Attorney? If you’ve been injured as the result of someone else’s carelessness in Colorado should contact an experienced attorney as soon as possible. An attorney can protect your rights and get you the fair compensation that you deserve. Get treatment for your injuries, collect evidence, take pictures, and contact a Colorado personal injury attorney right away.
Tags: colorado personal injury attorneys, injured at work, personal injury, personal injury attorney, personal injury cases, personal injury lawyers, personal injury lawyers denver co, work injuries
Posted in Colorado personal injury attorney, auto injury accident, defective consumer products, medical malpractice, personal injury | No Comments »
Tuesday, February 16th, 2010
If you have been the victim of an accident or injury in Colorado, you may be entitled to receive economic recovery from those who are at fault. What you can recover will depend upon the kind of damages you experienced because of the accident or injury — both during and after the incident.
Here are some types of accidents and injuries for which you may be able to take legal action to monetary compensation for damages in Colorado. Remember that an experienced attorney will explain your options, and will work to ensure that you receive all compensation to which you are entitled.
- Disfigurement: When an accident or injury has left a person deformed or disfigured by scars or other permanent effects on personal appearance, the injured person may be able to collect damages for any mental suffering that arises due to the disfigurement
- Future Medical Expenses: If the plaintiff proves that he or she will need continued medical care as a result of the accident or injury
- General Damages: Compensation for harm that results from wrongful conduct, such as physical and mental pain, and loss of enjoyment of life after an accident or injury
- Household Services: The cost of hiring somebody to do things around the house while a person is recuperating from an accident or injury, provided that the expense would not have been incurred had the plaintiff not been injured
- Loss of Consortium: Deprivation of the benefits of married life after an accident or injury: including affection, solace, comfort, companionship, society, help and assistance, and sexual relations between spouses.
- Loss of Consortium of a Child: Parents may be able to recover damages when their child is injured, and the injuries are severe enough that they interfere with the normal relationship between parents and their children
- Loss of Enjoyment of Life: A diminished ability to enjoy the day-to-day pleasures of life, “loss of enjoyment.”
- Loss of Society and Companionship: In wrongful death cases, loss of society and companionship damages represent the benefits from the love, comfort, companionship, and closeness that a person and his or her family would have enjoyed had the person lived
- Lost Earning Capacity: After an accident or injury, these damages may be recovered if a person proves that his or her ability to earn money in the future has been impaired or diminished by the injuries
- Lost Wages: These damages represent the amount of money a person would have earned from the time of the injury to the date of settlement or judgment
- Medical Expenses: Bills and expenses for medical services such as doctors, hospital stays, emergency room treatment, ambulance fees, and nursing services
- Medical Surveillance: The cost of monitoring a person’s medical condition after the person was exposed to a hazardous substance, so that any illness or injury might be detected early
- Mental Anguish: Any mental suffering or emotional distress associated with an accident or injury, including fright, terror, apprehension, nervousness, anxiety, worry, humiliation, mortification, feeling of lost dignity, embarrassment, grief, and shock
- Pain and Suffering: An award for past and future physical pain in connection with an accident or injury
- Permanent Disability: These damages are proved by medical testimony, and ordinarily a doctor must examine a plaintiff claiming permanent disability.
- Present Cash Value: The current value of projected future earnings: the amount that, if invested wisely, will over time produce the amount a person would have earned had he or she not been injured
Tags: colorado personal injury attorneys, injured at work, personal injury, personal injury attorney, personal injury cases, personal injury lawyers, personal injury lawyers denver co, work injuries
Posted in Colorado personal injury attorney, disability, pain and suffering, wrongful death | No Comments »
Thursday, January 28th, 2010
If you’ve been injured in a car, truck, or motorcycle accident in Colorado, it’s important that you maintain close contact with your insurance company and pay close attention to your rights. Don’t assume that the insurance companies have your best interests at heart. Here is a list of some basic things that you should do, and some things that you should not do, if you’re involved in an auto-injury accident.
Do:
- call your insurance agent immediately after an accident takes place
- obtain a copy of the police report
- take and keep detailed notes of all conversations with insurance company representatives, and get names, phone numbers, and job titles of people you speak with, including their supervisor’s name
- Read and understand your policy: what are you covered for and what are you not covered for
- find out if you might insurance coverage under another insurance policy as well. Many people have more than one policy that might cover a claim. In particular, look at homeowner policies and “umbrella” policies
- take pictures of any damage to your vehicle, the accident scene, and your injuries
- be honest and forthcoming with your insurer. Failing to be candid with your insurer might invalidate your policy or cause a denial of coverage
- keep all receipts of meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company
- If necessary, contact an experienced attorney. Insurance companies are interested in their bottom line and will often fight your claim. Don’t be a victim!
Don’t:
- give any recorded or written statements to your insurer until you are sure you understand your coverage. Remember you are not required to allow the insurance company to record your telephone conversation. If you have doubts, consult an attorney
- automatically accept the estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator’s or contractor’s repair or replacement estimates, which might be lower than what you deserve. If you have doubts, contact an attorney.
- sign any releases or waivers until you obtain legal advice. Don’t accept a premature, inadequate settlement from your insurer. Consult an attorney before signing a release or waiver. Also, be sure to read the fine print on any payment from the insurance company.
- accept any check that says “final payment”
- ignore the time limits set by your policy. Most policies require a signed proof of loss within a certain time limit. Be sure you comply with this requirement unless you obtain a written waiver from your insurance company. Many policies allow you only one year from the date of loss in which to bring a legal action if your claim has not been adjusted fairly. If months of gone by and your claim has not been settled yet to your satisfaction, consult an attorney immediately. A failure to do so could result in the loss of your right to sue.
- forget that your insurer has a legal obligation to provide the coverage it promised to you. Be insistent about enforcing that obligation, and consult and attorney if necessary.
If you’ve been injured in a car, truck, or motorcycle accident, you should be aggressive and vigilant in protecting your rights. Don’t assume that the insurance companies are looking out for your interests, and don’t try to take on the insurance companies by yourself. Contact a Colorado attorney experienced in personal injury and automobile accidents to protect your rights and get you the fair compensation that you deserve!
Colorado Car Accident Attorneys
Tags: car accident attorneys, colorado car accidents, Colorado personal injury attorney, insurance companies, motorcycle accident attorneys, motorcycle accidents, personal injury, personal injury attonreys colorado, truck accident attorneys, truck accidents
Posted in Colorado personal injury attorney, colorado car accidents, insurance companies, motorcycle accidents, personal injury, truck accidents | No Comments »
Monday, December 21st, 2009
Construction workers must deal with some of the most dangerous working conditions faced by employees in any industry. Construction workers face a variety of hazards, including falls from scaffolds and other elevations, being struck by moving or falling machinery, electrocution, health hazards resulting from exposure to asbestos and chemicals, injuries caused by defective or unsafe equipment, and lifting and repetitive motion injuries. As a result, work-related construction accidents occur very frequently.
Who’s Liable for a Construction Accident?
There can be a wide variety of individuals involved at a construction site, including the site’s landowner, design and engineering professionals, contractors, construction managers, and equipment and material suppliers. In assessing liability for injuries at a construction site, the main determinations are the extent of a potential party’s control over the site on which the work is being done, and the degree of their control over the work itself.
The following people may have varying degrees of control over the construction site and work being done, and thus may be liable in a construction accident.
- The owner of the construction site: Issues of landowner liability turn on the degree of his or her control over the premises, as compared to control over the work itself. Depending on the amount of control of the premises that he or she gives over to an independent contractor, the landowner may not be considered the legal possessor of the land for the duration of the construction project. The owner or possessor of the land on which a construction project is being performed is liable for any injury to individuals involved in the project, caused by a potentially harmful condition on the land that the owner knew or should reasonably have known of. This duty does not extend to potentially dangerous conditions that should be obvious.
- Contractors: Both the general contractor and the sub-contractor must provide a construction site that is reasonably safe, and they have a legal duty to warn of any defects or hazards at the site, as well as any hazards inherent in the work being performed. A general or sub-contractor has an obligation to make sure that, to the extent they have been delegated control over a portion of the work being performed at a construction site, that work is being performed safely. This obligation extends to the hiring of reasonably competent employees, and ensuring compliance with safety regulations.
- Manufacturers of Construction Machinery or Equipment: Manufacturers of defective construction machinery or equipment can be held responsible for the design and manufacture of that equipment.
- Insurers: In the case of some large construction projects, the parties involved will be required to carry significant insurance coverage. The insurance coverage of each respective party involved in a construction project, and the extent of that coverage, are important issues when assessing legal responsibility for a construction injury.
Getting Help for a Construction Accident Injury
If you have been injured as a result of an accident at a construction site, there are a number of things you can do to protect yourself and your legal rights:
- Get medical attention for your injuries.
- Report the injury to your employer or construction site manager, and write down the name and position of the person notified.
- Get the names and contact information of anyone who may have witnessed the accident.
- Try to preserve any evidence related to your injury, by taking photographs of the area where you were injured (and the injuries themselves), or keeping the equipment or tool that was involved in your injury.
In light of complex liability issues, the legal deadlines for filing causes of action for injury, and the need to conduct a thorough site investigation as soon after the injury as possible, meeting with a Colorado work injury attorney experienced in construction accidents sooner rather than later. Don’t take on your employer and their insurance company alone! Contact a Colorado personal injury attorney today to protect your rights and get you the fair compensation that you deserve!
For more information about personal injury and Colorado personal injury attorneys, view here
Posted in Colorado personal injury attorney, Construction Accident, negligence, personal injury | No Comments »
Friday, December 4th, 2009
In Colorado, employers are required to purchase insurance for their employees from a workers’ compensation insurance carrier. When a worker is injured, his or her claim is filed with the insurance company, or self-insuring employer, who pays medical and disability benefits according to a state-approved formula.
What if my Employer Fails to Provide Worker’s Compensation?
In Colorado, employers without workers’ compensation insurance are subject to fines, criminal prosecution, and civil liability.
Some penalties include:
- Fines
- Prosecution in criminal courts
- Personal liability of the employer for any workers’ compensation benefits due injured workers
- Employees can take legal action in civil court to recover damages for their injuries from their employer
Your Employer’s Responsibilities
In addition to providing worker’s compensation coverage, your employer is also responsible for the following:
- Posting a notice of compliance with workers’ compensation laws in a conspicuous place at each job site.
- Providing immediate emergency medical treatment for employees who sustain on-the-job injuries.
- Providing further medical attention if an injured worker is unable to select a doctor or advises the employer in writing of his or her desire not to do so.
- Completing a report of the injury and mailing it to the nearest workers’ compensation board office. A copy of the report should also be mailed to the employer’s insurance company. An employer who refuses or neglects to make an injury report may be guilty of a misdemeanor, punishable by a fine.
- Making a written report of every accident resulting in personal injury that causes a loss of time from regular duties beyond the working day on which the accident occurred, or that requires medical treatment beyond first aid.
- Complying with all requests for further information regarding injured workers by the workers’ compensation board or the insurance company, such as statements of the employee’s earnings before and after the accident, reports of the date of the employee’s return to work, or other reports that may be required to determine the employee’s work status following the injury.
Employer’s Duty Not to Retaliate
Although workers’ compensation laws provide remedies to injured employees, they also protect employers, since they are designed to be the only remedy that injured employees may seek from their employers. Some employers, however, appear to frown on employees who file workers’ compensation benefit claims, and some blatantly discriminate against such employees. Colorado law prohibits employers from discriminating against, harassing, or unjustly firing injured employees. If you’re employer has discriminated against or unjustly terminated your employment as a result of your workers’ compensation claim, you should contact a Colorado attorney immediately.
Should I Hire an Attorney?
Because of the complexity of the issues involved, the likelihood that your employer and his insurance company will do everything they can to keep you from getting compensation for your injuries, and because legal action in a civil court is often the only recourse against employers who fail to comply with Colorado workers’ compensation laws or discriminate against employees who file workers’ compensation claims, you should contact a Colorado attorney experienced in workers’ compensation and personal injury today. Don’t take on the insurance companies on your own! Consult a Colorado attorney today to get the fair compensation that you deserve.
For more information about experienced Colorado workers compensation attorneys , you should look at reputable Colorado attorneys directories, do an internet search and contact the attorneys and law firms that appear in the business listings, ads and content that come up on the top few search results pages.
Posted in Colorado Workers' Compensation Attorney, Colorado personal injury attorney, Colorado workplace injury, worker's compensation | No Comments »
Thursday, November 5th, 2009
What is Worker’s Compensation?
Workers’ compensation is a state-mandated program that provides compensation to employees who suffer injuries and illnesses on the job. It acts a safety net for employees. In Colorado, businesses must have workers’ compensation insurance to cover employee injuries. Workers’ compensation laws are designed to ensure that employees who are injured on the job receive fixed monetary compensation, without having to litigate their claims against their employers. Thus, filing a workers’ compensation claim is similar to filing an insurance claim; it isn’t a lawsuit against an employer, but rather a request for benefits.
Does it Matter who is at Fault in a Colorado Worker’s Compensation Claim?
Workers’ compensation is a no-fault system, where an injured worker’s own negligence, or the negligence of his or her employer or co-workers, is not at issue. Instead, the employee is covered for all work related injuries, regardless of who was responsible for the injury. The employer’s workers compensation insurance simply compensates the employee for his or her workman’s comp claim. This also means that the employee is generally not eligible to take legal action against his or her employer for injuries sustained on the job. In Colorado, workers’ compensation is considered a substitute for a lawsuit against an employer. In exchange for not suing the employer in court, an employee who is injured at work is entitled to workers’ compensation benefits
Many workers’ compensation claimants are still eligible to take legal action if their injuries were caused by some one other than their employer. For instance, employees injured by a defective product or equipment while on the job can take legal action against the manufacturer of the product or piece of equipment. This action takes place within the civil court system, rather than through the worker’s compensation system.
However: if a claimant for worker’s compensation does win monetary compensation in a civil court from a third party, the claimant’s employer and his employer’s insurance company are eligible to recover some or all of any worker’s compensation paid to the claimant.
What Types of Injuries are Covered by Worker’s Compensation in Colorado?
Here are some types of injuries covered by worker’s compensation:
- Pre-existing conditions that the workplace accelerates or aggravates.
- Diseases contracted by exposure to toxins at work as a result of normal working conditions.
- Injuries resulting from mental and physical strain brought on by increased work duties or work-related stress.
- Injuries caused during breaks, lunch hours, and work-sponsored activities, and at-work injuries caused by company facilities.
Some types of injuries may not be covered by workers’ compensation, such as injuries that result from horseplay, intoxication, or are deliberately caused by the employee.
Should I Hire an Attorney?
Due to the rigid procedural requirements of filing a worker’s compensation claim and the probability that your employer’s insurance company will not pay the benefits they owe you, you should contact a Colorado attorney experienced in personal injury and workers’ compensation if you are injured at work in Colorado. Additionally, if you are unhappy with the decision in a hearing that was held to determine some aspect of your workers’ compensation claim, procedures exist for you to appeal the unfavorable result. An attorney can navigate you through this process and get you the compensation and treatment that you deserve. Don’t take on the insurance companies alone: contact a Colorado attorney experienced in worker’s compensation today.
For more information concerning worker’s compensation in Colorado, click here to visit the worker’s compensation section of the Colorado Department of Labor.
For more information about experienced Colorado workers compensation attorneys , search for reputable Colorado workmans comp attorneys, on the internet and contact the attorneys and law firms that appear in the business listings, advertisements and websites that that appear on the top few search results pages.
Posted in Colorado Workers' Compensation Attorney, Colorado personal injury attorney, Colorado workplace injury, defective products, negligence, worker's compensation | 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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