Workplace accidents can affect your physical health, financial stability, and quality of life. If an on-the-job accident injured you in Colorado, you need an experienced Colorado workplace accident lawyer to protect your rights and pursue the compensation you deserve.
At Franklin D. Azar & Associates, P.C., we have been helping our community since 1987, and we’re ready to put our experience to work for you.
Colorado Workplace Accident Lawyer Guide
-
- How a Workplace Accident Lawyer Can Help
- Common Causes of Workplace Injuries
- Workers’ Compensation Benefits in Colorado
- Calculating Damages in Workplace Injury Cases
- How Long Do I Have to File a Workplace Injury Claim in Colorado?
- Steps to Take After a Workplace Injury
- Why Choose Franklin D. Azar & Associates?
- Frequently Asked Questions
- Get the Help You Need from a Colorado Workplace Accident Lawyer Today
How a Workplace Accident Lawyer Can Help
When you’re dealing with a workplace injury, a skilled Colorado workplace accident lawyer can make all the difference.
Here’s how a workplace accident lawyer from Franklin D. Azar & Associates can assist you:
- Legal Help: Workplace injury cases often involve tricky laws and regulations. Our experienced attorneys understand them and can guide you through the legal process.
- Investigate Your Accident: We’ll conduct a thorough investigation of your accident, gathering evidence, interviewing witnesses, and consulting with our legal team to build a strong case on your behalf.
- Deal with Insurance Companies: Insurance companies often minimize payouts or deny claims altogether. Our Colorado workplace accident lawyers know how to negotiate with these companies and won’t let them take advantage of you.
- Maximize Your Compensation: We’ll work hard to ensure you receive full and fair compensation for your injuries, including medical expenses, lost wages, pain and suffering, and any long-term disability.
- Represent You in Court: If a fair settlement can’t be reached from the other side, we’re prepared to take your case to trial and advocate for you in court.
- Handle Paperwork and Deadlines: We’ll manage all the necessary paperwork and make sure all legal deadlines are met, allowing you to focus on your recovery.
- Provide Guidance: Your Colorado workplace accident lawyer will guide you throughout your case, helping you make informed decisions about your legal options.
Common Causes of Workplace Injuries
Workplace accidents can occur in any industry, but some are more prone to injuries than others. Some common causes of workplace injuries include:
- Slips, Trips, and Falls: These accidents can occur due to wet floors, uneven surfaces, poor lighting, or walkway obstacles.
- Falling Objects: Falling tools, materials, or debris can injure workers in industries like construction or warehousing.
- Machinery Accidents: Malfunctioning or improperly used machinery can cause severe injuries, especially in manufacturing and industrial settings.
- Overexertion: Lifting heavy objects, repetitive motions, or working in awkward positions can lead to musculoskeletal injuries.
- Vehicle Accidents: Workers who drive as part of their job are at risk of traffic accidents.
- Exposure to Harmful Substances: This can include toxic chemicals, radiation, or other hazardous materials.
- Electrical Accidents: These can result in burns, shocks, or even fatalities.
- Workplace Violence: Unfortunately, some workers face the risk of physical assault on the job.
- Repetitive Stress Injuries: These develop over time due to repeated motions or poor ergonomics.
- Fires and Explosions: While less common, these accidents can cause devastating injuries.
Workers’ Compensation Benefits in Colorado
Colorado law requires most employers to carry workers’ compensation insurance to protect employees in case of workplace injuries. If an accident injured you on the job, you may recover the following benefits:
- Medical Benefits: Your employer’s workers’ compensation insurance should cover all reasonable and necessary medical treatment related to your workplace injury. This includes doctor visits, hospital stays, prescription medications, physical therapy, and any required medical devices.
- Temporary Disability Benefits: If your injury prevents you from working for more than three days, you may qualify for temporary disability benefits. These come in two forms:
- Temporary Total Disability (TTD): If you cannot work, you can receive two-thirds of your average weekly wage, up to a maximum set by state law.
- Temporary Partial Disability (TPD): If you can work in a limited capacity, you may receive two-thirds of the difference between your pre-injury wages and your current earnings.
- Permanent Disability Benefits: If your injury results in permanent impairment, you may be entitled to additional benefits:
- Permanent Partial Disability (PPD): For permanent injuries that don’t completely prevent you from working.
- Permanent Total Disability (PTD): For injuries that leave you permanently unable to earn wages.
- Disfigurement Benefits: If your injury results in visible scarring or disfigurement, you may qualify for additional compensation.
- Vocational Rehabilitation: If you cannot return to your previous job due to your injury, you may be entitled to vocational rehabilitation services to help you find new employment.
- Death Benefits: If a workplace accident results in death, the worker’s dependents may be entitled to death benefits and funeral expenses.
While workers’ compensation provides these benefits, it also generally prohibits employees from suing their employers for workplace injuries. However, exceptions apply to this rule, and in some cases, you may pursue additional compensation through a third-party lawsuit.
Our experienced attorneys at Franklin D. Azar & Associates can explain your rights and explore all available avenues for compensation.
Calculating Damages in Workplace Injury Cases
While workers’ compensation benefits are relatively easy to calculate, determining damages in cases where you can pursue additional compensation (such as in third-party lawsuits) can require an experienced workplace accident lawyer.
Here are some of the factors a Colorado workplace accident lawyer may consider when calculating damages:
- Medical Expenses: This includes all past and future medical costs related to your injury, including hospital bills, surgeries, medications, physical therapy, and any necessary medical equipment.
- Lost Wages: We’ll calculate the income you’ve lost due to your injury, as well as any reduction in your future earning capacity.
- Pain and Suffering: This compensates you for the physical pain and emotional distress caused by your injury.
- Loss of Enjoyment of Life: If your injury prevents you from engaging in activities you once enjoyed, you may recover compensation for this loss.
- Permanent Disability or Disfigurement: Severe injuries that result in permanent disability or visible scarring may warrant additional compensation.
- Loss of Consortium: In some cases, your spouse may be entitled to compensation for losing your companionship and support.
- Punitive Damages: In cases of extreme negligence or intentional harm, punitive damages come into play.
At Franklin D. Azar & Associates, we work with our legal team so that all current
and future costs related to your injury are accurately calculated and included in
your claim.
How Long Do I Have to File a Workplace Injury Claim in Colorado?
In Colorado, there are strict deadlines for filing workplace injury claims.
You need a lawyer who understands these timelines to protect your right to compensation:
- Reporting the Injury: You must report your injury to your employer in writing within four days of the accident. While you can still file a claim if you miss this deadline, it may result in reduced benefits.
- Workers’ Compensation Claim: The statute of limitations for filing a workers’ compensation claim in Colorado is two years from the date of injury. However, this can be extended to three years if you can show a reasonable excuse for the delay.
- Third-Party Lawsuits: If your case involves a third-party lawsuit (for example, against an equipment manufacturer or a subcontractor), the general statute of limitations for personal injury cases in Colorado is two years from the date of injury.
- Occupational Diseases: For occupational diseases that develop over time, the statute of limitations is two years from the date you knew or should have known that the disease was work-related.
Various factors can affect these deadlines, and some exceptions apply. To ensure you don’t miss any deadlines, consult an experienced workplace accident lawyer as soon as possible after your injury.
Steps to Take After a Workplace Injury
After an on-the-job accident, taking the right steps after the accident can significantly improve your ability to receive fair compensation.
Here’s what you should do:
- Seek Medical Attention: Your health should be your top priority. Even if your injury seems minor, get medical care as soon as possible. Some injuries may not immediately appear.
- Report the Injury: Notify your supervisor or employer about the accident as soon as possible. Follow up with a written report within 4 days.
- Document Everything: Take photos of the accident scene and your injuries if possible. Write down the names and contact information of any witnesses.
- Keep Records: Save all medical records, bills, and any correspondence related to your injury.
- Follow Medical Advice: Attend all doctor’s appointments and follow your treatment plan. Failing to do so could hurt your claim.
- Be Cautious When Talking to Insurance Companies: Don’t give recorded statements or sign any documents without consulting a Colorado workplace accident lawyer first.
- Don’t Post on Social Media: Anything you post could potentially be used against you in your claim.
- Contact a Colorado Workplace Accident Lawyer: An experienced attorney can guide you through the process and help protect your rights.
Why Choose Franklin D. Azar & Associates?
- Experience: With over three decades of experience, we’ve successfully handled thousands of injury cases.
- Resources: We have the resources to take on big cases against formidable opponents.
- Client-Centered Approach: We’re committed to meeting your unique needs.
- No Upfront Costs: We offer free initial consultations and work on a contingency fee basis. You owe no attorney’s fees unless we recover compensation for you.
- 24/7 Availability: You can reach us by phone 24/7, even on weekends.
- Recognition: An independent study recently ranked us as one of the top firms in the country for taking on insurance companies in court on behalf of injured people.
- Local Experience: With deep roots in Colorado, we understand the local laws and court systems.
Frequently Asked Questions
Can I be fired for filing a workers’ compensation claim?
No, it is illegal for an employer to fire you or retaliate against you for filing a workers’ compensation claim. If you believe your employer wrongfully terminated you, consult a Colorado workplace accident lawyer immediately.
What if a third party, not my employer, caused my injury?
If a third party (someone other than your employer or co-worker) caused your injury, you may file a personal injury lawsuit in addition to your workers’ compensation claim. This could lead to additional compensation.
How long will it take to resolve my case?
The duration can vary greatly depending on your case, the severity of your injuries, and whether your claim is disputed. Simple cases might be resolved in a few months, while complex cases could take a year or more.
How much does it cost to hire a Colorado workplace accident lawyer?
Most workplace accident lawyers, including our firm, work on a contingency fee basis. This means you don’t pay any upfront costs, and attorney fees are only collected if we win your case.
What if I can’t return to my previous job due to my injury?
If you can’t return to your previous job, you may qualify for vocational rehabilitation benefits to help you find new employment. Your workers’ compensation benefits should continue while you’re unable to work.
Get the Help You Need from a Colorado Workplace Accident Lawyer Today
If you’ve been injured in a workplace accident in Colorado, don’t face the aftermath alone. The experienced team at Franklin D. Azar & Associates is ready to help you get the compensation you deserve.
You must meet strict deadlines for filing workplace injury claims in Colorado. The sooner you contact us, the sooner we can start building your case.
Contact us today at (303) 757-3300 for your free consultation. We’ll review your case, answer your questions, and help you understand your legal options. Let us put our experience, resources, and dedication to work for you.