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Archive for August, 2010

Workers’ Compensation in Colorado: What Should I Do?

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.

Pedestrian and Cyclists’ Accidents in Colorado: What You Should Know

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!

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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