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Workers' Compensation: Thinking "Outside of the Box" Makes All the Difference

Posted by: Chad Hemmat | Friday, March 06, 2009 | 0 Comments | Back to Personal Injury Blog

Workers' Compensation law in Colorado can be both unusual and even illogical at times. Injuring oneself lifting a heavy equipment at work, or cutting one's hand on the job are traditional workers' compensation injuries. However, a good workers' compensation attorney is always thinking "outside the box." We have had many injury victims come see us after being told by other lawyers that nothing could be done for them. But, in fact, they had perfectly good, and even very lucrative, workers' compensation claims. They did not know it, but even more scary, the attorneys they met with before us didn't know it either.

Some interesting examples of nontraditional, but yet valid, workers' compensation claims include:

Example 1)

A traveling salesman sustains an injury while traveling for work, but injures himself on a non-work day when he slips and falls while getting into a hotel pool.

ANSWER: Yes, it is a valid workers' compensation claim.

Example 2)

An employee already injured on the job gets rear-ended on his way to physical therapy.

ANSWER: Yes, it is a valid workers' compensation claim.

Example 3)

After having a knee surgery due to a workers' compensation injury, an employee injures her other knee, while at home, due to the extra stress put on by the weight being taken off the first knee.

ANSWER: Yes, it is a valid workers' compensation claim.

Example 4)

An employee who works at a restaurant at the top of a ski mountain injures herself skiing to the restaurant 30 minutes before her shift starts.

ANSWER: Yes, it is a valid workers' compensation claim.

Example 5)

An employee parks her car at her work parking lot. Just as she gets out of her car, another car runs her over.

ANSWER: Yes, it is a valid workers' compensation claim.

Example 6)

An employee goes in for a workers' compensation ankle surgery but is mistakenly given an unnecessary knee surgery.

ANSWER: Yes, it is a valid workers' compensation claim.

And guess what? As you might have suspected, every one of these examples was an actual case our firm took on, and won! In fact, each one was turned down by at least one law firm before they came to see us.

It is not always obvious what is or what could be a valid workers' compensation claim. But at ANDERSON, HEMMAT & McQUINN, we are always working to help our clients get justice. If you need help understanding your workers' compensation rights we always provide a free consultation.


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