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Archive for the ‘worker's compensation’ 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 »
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 »
Thursday, September 17th, 2009
If you are a Colorado resident and were injured on the job, there are a few important things to do as you begin the recovery process. The following is a brief summary of the initial steps you need to take, in addition to some answers to the more commonly asked workplace injury questions.
If you get hurt on the job, you should take the following steps immediately:
1) Get first aid and seek medical attention if necessary.
2) Provide written notice of your injury to your employer. You must do this with in four days of being injured. Your employer’s insurance company then has 20 days to decide whether or not to admit your claim for worker’s compensation.
Your employer must provide you with the names of two doctors to see about your injury. If your employer fails to do so, there are remedies an attorney can pursue. You may request a different doctor within 90 days after your injury. If you are approaching 90 days it’s critical that you contact an attorney to see if you have other options.
Click Here to see the Colorado Department of Labor and Employment’s Division of Workers Compensation’s rules and procedures for filing a workers compensation claim.
Q: Why can’t I choose my own doctor?
A: Your employer’s insurance company doesn’t want you or your attorney picking a doctor for your treatment. They want to keep control of the choice of physicians. By offering treatment they can still deny your claim for workman’s comp, or say that it’s “under investigation.”
Your employer is obligated to provide you with options for your treatment if you’re injured on the job. An attorney can tell if the doctor your employer’s insurance company has chosen for you is giving you proper care, or if they’re simply trying to get your worker’s compensation claim concluded as quickly as possible. An attorney knows how and when to get another physician involved if it becomes necessary.
Q: What is MMI?
A: MMI stands for Maximum Medical Improvement. It generally means that the authorized treating doctor has determined that there is no further treatment that can make you any better. This doesn’t mean that you have completely recovered from your injury, although you may have done so. You could still be in need of treatment or medication and be considered at MMI.
When your doctor determines that you have reached MMI he will notify your employer’s insurance carrier, who is now no longer obligated to pay you temporary total disability (TTD). He will also determine if you have a permanent disability (PPD).
Q: If I’m injured at work, do I need an attorney?
A: Your employer’s insurance company does not want you to hire an attorney. They know that cases where the claimant for worker’s compensation has an attorney cost them more than cases where the claimant doesn’t have an attorney. An attorney experienced in worker’s compensation claims knows when the insurance company is not paying the benefits they owe you and knows when and how to ask for them. They know how to proceed when the insurance company gives you a doctor that is not giving you the treatment you’re entitled to, or how to proceed when your case is close to reaching MMI. An experienced attorney knows how to protect your rights
Remember, your employer’s insurance company will work hard to pay the least benefits possible, so it’s important that you do everything you can to protect your rights. Contact an experienced personal injury attorney – don’t take on the insurance companies by yourself!
For more information about worker’s compensation and Colorado attorneys specializing in worker’s compensation claims, view here.
Posted in Colorado personal injury attorney, Colorado workplace injury, maximum medical improvement, worker's compensation | No Comments »
Thursday, September 17th, 2009
If you’ve suffered an injury in a car, motorcycle, bike or pedestrian accident or were injured at work, obtaining legal representation is very important due to the complexity of the issues involved, the likelihood that the responsible party will refuse to accept liability, and the difficulties in obtaining medical care before legal liability has been established against the responsible party.
What are some of the more typical kinds of accidents in a Colorado personal injury case?
- Slip-and-Fall Accidents. Accidents arising from dangerous conditions on real property, when the landowner knew about the problem and failed to address them, the landowner can be held liable under Colorado law.
- Defective and Dangerous Products. A manufacturer or seller of a product can be held liable in Colorado for negligence in creating an unreasonable risk of harm to consumers, an inherently and unreasonably dangerous or defective product, or breach of express or implied warranties for the product.
- Malpractice of Doctors, Pharmacists, or other Health Care Providers. If the health care professional’s conduct fell below the standard of care expected for the profession, which resulted in an injury or the professional did not obtain the patient’s consent or informed consent before providing treatment resulting in damages they can be held liable under Colorado law.
- Bites by Dogs or Other Domestic Animals. A person injured by an animal in Colorado may recover from the owner of the animal by proving that the owner knew of the particular animal’s or the general breed’s habits and tendencies which are likely to cause human injury, and failed to exercise reasonable care to prevent those injures.
- Car Accidents. In 2004 there were nearly 250,000 motor vehicle accidents in Colorado with one-fourth of them resulting in fatalities or injuries. This includes motorcycle accidents, truck accidents, bike accidents, bus accidents, and pedestrian accidents. If you’ve been injured in an automobile accident contact a personal injury attorney today!
- Injuries at Work. A person hurt while on the job is eligible for medical benefits and worker’s compensation. If you’re injured at work you must act quickly to protect your rights. Consult an experienced personal injury attorney right away.
Here is a list of important documents and other information to obtain and save for your personal injury attorney to increase the chances of obtaining the best possible outcome in your particular case.
Documents
- Copies of any written statements.
- The accident report.
- Your auto insurance policy, along with your coverage certificate, if you were injured in an automobile accident.
- Your medical or disability insurance policy.
- Other insurances policies, including homeowners or renters insurance, hospitalization, or veterans insurance.
- All correspondence you have received from any insurance company.
- Any medical bills.
- Any receipts for things you’ve had to buy or had to fix because of your personal injury.
Other Information
- The name and address of the ambulance service used, if any.
- The name and address of the emergency room where you were initially taken.
- The dates you were admitted and released from the emergency room and the hospital.
- The names and business addresses of all doctors who treated you.
- The names and business addresses of all chiropractors you have consulted.
- Names of all people involved in the accident.
- Names and addresses of all witnesses to the accident.
- Dates and time you have missed work because of the accident.
- A list of people you have talked to about the accident or your injury.
- The names and telephone numbers of each insurance adjuster you have talked to.
**Remember that claims for personal injury can come from other situations and incidents than just car accidents and work-related injuries. If you were injured in one of the above types of accidents in Colorado, contact a Colorado personal injury attorney as soon as possible – don’t take on the insurance companies and their attorneys without the help of an experienced personal injury attorney!**
For more information about personal injury and Colorado personal injury attorneys, view here.
Posted in Colorado personal injury attorney, colorado car accidents, dog and animal bites, insurance companies, medical malpractice, product liability, slip-and-fall accidents, 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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