Workers’ Compensation

We Can Help You Attain Your Workers' Compensation

Injured on the job and need help getting your disability benefits and medical care? You never expected to be injured on the job, but now you're laid off, unable to work, and have no income coming in. Under Colorado law, you are entitled to disability benefits, medical care and permanent impairment benefits related to your work-related injury. Colorado's Workers' Compensation Law changed significantly about 20 years ago, and not for the better. In a comprehensive and revealing article by Stuart Streers at the time, he highlighted the change to the Workers' Compensation System in Colorado, and how it severely limited the benefits available to injured workers. He noted that many workers' compensation attorneys were giving up their practice of WC law because the new law limited how much they could receive for cases, but stated: "The reality, [ ], is that workers' compensation attorneys are the only people who consistently defend injured workers . . ." "STILL HURTING", Westword, March 28, 1996. If you want a clear view of the system and what you can expect as you recover from your work-related injury, Stuart's article is required reading. Unfortunately, things have only gotten worse for injured workers in Colorado, and the nation, since then. Fewer benefits, less medical care, and more hassles are now the rule. Now, more than ever, you need an attorney to help you secure the benefits you have earned.

When Do I Need A Lawyer To Help Me With My Workers' Compensation Claim?
Most injured workers think the workers' compensation system will take care of them, but that is often more hope than reality. Waiting is not an option. You should report your claim as soon as possible, and then get a lawyer. You need representation now. The workers' compensation statute is hundreds of pages long. The rules of procedure are just as long, and even more complex. The insurance company knows these rules and the statutes and knows how to work them for their own advantage. We can help you get your benefits, the medical treatment you need, and the compensation your deserve for the lifelong impairment you suffer from your injury.

Your Employer May Not Be Your Friend And The Insurance Company Is Absolutely Not Your Friend.
Your employer is a business person, and business decisions don't include sympathy for your injury. More importantly, your employer has workers' compensation insurance, or should have workers' compensation insurance, and the insurance company will be the one that will try to dictate how your claim is handled. Often the insurance company does not have your best interests in mind. Their objective is to minimize cost and maximize profit. The doctors that work for the insurance company, whom you are required to see, know who pays their bills. You need someone on your side. We represent only injured workers, not employers or insurance companies.

Report Your Injury Immediately Or Risk Losing Your Benefits.
When you suffer an injury at work you need to report it to your employer immediately or you risk losing your benefits. If you missed three days or more of work, you are entitled to disability pay. Reporting your injury, however, is only the first step in the complicated process. Your employer should give you a workers' compensation case number and a list of at least two doctors from whom you can obtain care. If your employer did not do this then you need to file your own claim with the Workers' Compensation division. You may also have the right to select your own doctor to treat you. An attorney can help you navigate the system and avoid the pitfalls of the Statute and the Rules you have to follow.

You Should Demand The Benefits Are You Earned
The workers' compensation system in Colorado entitles you to medical care, temporary disability benefits, permanent impairment benefits, continuing medical treatment, and sometimes compensation for scars you obtain from your injury or treatment of your injury. Unfortunately, you are not entitled to benefits or compensation for pain and suffering. The amount of benefits that you receive for your work-related injury depends on the nature of the injury, whether you suffer a permanent impairment, and the location your injury. Temporary disability benefits are based on your salary or wages. Generally you are entitled to two thirds of your normal average weekly wage; however, there are caps on the amount that you can collect for temporary disability, and for a permanent impairment. Temporary benefits are available if you cannot return to work, and may be available in part if you are not able to return to full-time work.

What If Your Claim Is Denied.
Sometimes, particularly if you do not report your injury when it occurs, your claim will be denied. Additionally, the insurance company may allege that it is a pre-existing injury or is not related to your work. If this happens you will not receive temporary benefits until you can show that it is a work-related injury. This may involve a hearing which will likely be months in the future. We can help convince the insurance carrier that your injury is work-related and that their refusal to provide you medical care may be an act of bad faith, subjecting them to potential penalties, attorneys fees, and other remedies. Call us today and make an appointment to evaluate your Workers' Compensation claim with an attorney. You will meet with an attorney to discuss your claim, not a secretary who has you fill out forms over the phone.