Suffering an injury while on the job can be a traumatic and frightening experience. The injury can be substantial, and cause full or partial disability, rendering one unable to work. The loss of income can cause great financial hardship, and the mental and emotional suffering that comes about from that can sometimes be just as great as the physical pain of the injury. Oftentimes, an employer may not see your workers' compensation claim as you do.
While you may have a serious injury that makes it extremely difficult, or even impossible, to carry on your normal work duties, they may see you as trying to take advantage of them or the company, and will try to limit the compensation you are to receive for medical costs and lost wages. They may say that your injuries are not as severe as they actually are, and may offer you lower-quality medical care because it is less costly. If you have been injured on the job and are being treated unfairly by your employers regarding your workers' compensation benefits, then contact a Denver personal injury attorney right away, so that your rights are fought for and you increase the possibility of receiving what is fair in compensation based on the damages suffered.
Articles 40 through 47 of the Colorado Workers' Compensation Act holds all the statutes and regulations regarding workers' comp procedure. Employers cannot have personal injury or wrongful death lawsuits filed against them if their employee (or employee's family) agreed to accept workers' comp benefits according to § 8-41-1020. According to the Colorado Department of Labor & Employment, Division of Workers' Compensation, the burden of proof in these types of cases is on the injured worker to prove that they were injured and are also entitled to benefits. Sometimes, there is no disagreement as to whether the worker deserves workers' comp benefits, but when these disagreements do arise, the burden of proof is on the employee. Some employees may have to request a hearing. For these hearings, you can represent yourself, but it is not advised. Watch this informative video about workers' comp claims in Colorado.
According to the Division of Workers' Compensation, all Colorado employers must carry workers' comp insurance with few exceptions. Both public and private employers, as long as there are one or more full or part-time employees. The exceptions to workers' comp coverage can include:
There are other exceptions to the workers' comp coverage rule, so to learn more about those you should speak directly with a Denver workers' compensation lawyer from our firm.
Sometimes, payment disputes can warrant administrative hearings. Workers' compensation hearings of this nature will be heard in front of an administrative law judge (ALJ). After evaluating all of the evidence, the ALJ will decide whether or not the worker is entitled to benefits and if so, how much.
Listed below are links to helpful resources about the workers' compensation process in Denver, Colorado:
Being unable to work due to an injury sustained while on the job from something such as a workplace accident can be nerve-wracking for you and your family. Proper compensation for your injuries, in the form of good wage loss benefits and adequate medical care is your right. You deserve to be compensated fairly for your injuries by your employers, and we at Anderson, Hemmat & McQuinn may be able to help you obtain just that. We have helped countless clients just like you over the years, and if we represent you, we will do our utmost to ensure you have the best chance possible of attaining the compensation that provides the relief you and your family need. Contact a Denver workers' compensation lawyer if you have been injured on the job and require legal representation in your workers' compensation case.
There are many different types of accidents that can occur at the workplace - these vary in nature. Typically, these accidents happen at a workplace that is known to be hazardous and dangerous. This could be something such as a construction accident. Construction job sites are known for their dangers, and accidents such as scaffolding accidents, injuries from falling objects and electrocution is an all too common occurrence.
These hazardous industries, however, are not the only places in which an accident can occur. In fact, some of the most benign looking places of work can be the place of some of the most dangerous incidents. Heavy lifting at a retail store can cause serious back injuries and puddles in a white-collar office environment can lead to dangerous slip and fall accidents. Regardless, however, of the exact cause and nature of the accident, if you have been injured, it is vastly important that you receive legal aid from a compassionate Denver personal injury attorney to help explain your deserved benefits under worker's compensation.
We at Anderson, Hemmat & McQuinn know that dealing with the aftermath of a workplace accident can be emotional and wrought with complications. From the physical pain to the financial stress, we have seen how they can cause unrelenting strain on the life of the victim. For this reason, should you be in need of legal assistance in filing a workers' compensation claim, you should not hesitate to contact a lawyer from our firm. We know how complex these cases are and are willing to work tirelessly in our efforts to assist you.
Have you been injured in a workplace accident? On the job injuries can arise in virtually any occupation. Even seemingly safe jobs can take a turn for the worse when there is negligence on behalf of a co-worker, sub-contractor, or where defective equipment is involved. The workers' compensation system is a no-fault system, meaning that employee injuries are covered regardless of fault. In some injury cases, the employee's injury results from the negligent actions of a sub-contractor or a defective product or equipment. When this happens, the worker may be able to file a third-party claim against the sub-contractor or the equipment manufacturer. Third-party claims can be filed either in addition to workers' compensation claims or they can be in lieu of workers' compensation claims. Whether you can file a claim with your employer's workers' compensation insurance carrier in addition to a third party will depend on the facts surrounding the case. If you want to maximize your chances of receiving the most compensation possible, you will need to retain the services of a Denver workers' compensation attorney to determine legal liability.
The outcome of your workers' compensation case is important to your future. If you were injured by an outside party, or by defective equipment, you may be entitled to a workers' compensation claim and a third-party claim. If this is the case, your workers' compensation carrier may have a right to a portion of your third-party claim. Therefore, it is crucial that your lawyer help you obtain maximum compensation from both ends. A highly experienced Denver workers' compensation lawyer from Anderson, Hemmat & McQuinn will be able to determine legal liability for you. Workplace accidents and their corresponding injuries can be devastating for victims and their families, and they should not have to suffer in silence. If you or a loved one were injured on the job, contact a lawyer at our firm to find out if you have cause to file a third-party claim against the responsible party.
If you have been injured on the job, or if you have lost a loved one, you may be entitled to a third-party claim to cover your losses. We urge you to take action now and contact a Denver workers' compensation attorney to schedule an initial consultation.
Although your rights and benefits as an injured worker are protected by state and federal laws, an injured worker generally is not familiar with those laws or what options they may have when filing a claim for compensation. When consulting with a Denver workers' compensation attorney, you can find out how your claim can be affected based on the circumstances and severity of your injury. Without the benefit of a knowledgeable legal counsel, you are at risk of having to accept whatever your employer or their workers' compensation insurance company offers you in the form of medical care and compensation.
Having an aggressive and skilled workers' comp lawyer safeguarding your rights can make a big difference in your potential benefits. The claims process can be complex and if you are denied coverage or your medical treatment is cut short, without the dedicated attorneys from Anderson, Hemmat & McQuinn you could lose your benefits. Our legal staff is well-versed in the workers' comp claims process and will guide you through it so as to maximize your potential benefits.
Our firm can fight to allow you to receive the medical treatment you need to fully recover, even if the insurance company denies this treatment. By requesting an independent medical examination or review, we can pursue your right to further treatment. The degree of your injury can also affect the type of compensation you receive, possibly leading to permanent disability payments which can be paid out to you over time or in a lump sum. Don't let your employer or insurance company dictate what benefits you might be entitled to. Retain an attorney who knows your rights and is committed to ensuring they are protected every step of the way.
Being injured at work can be a frightening and confusing experience. You likely have many questions as to how the system works. A Denver workers' compensation attorney can help answer your questions, but for a few common questions, please see the answers below.
The first step you should take is to receive the medical attention you need. Then you should notify your supervisor of your accident in writing. It is always advised that you notify your employer/supervisor before you obtain any medical care. By law, you should notify your employer in writing, within four days of your injury. For every day you delay after the four working days, you can lose up to one day's compensation.
Under Colorado law, all public and private employers in Colorado must provide workers' compensation coverage. If a company employs one or more full or part-time employees, they must have this provision in place. Exceptions to this include:
If your injury occurred during the course and scope of your employment, your injury should be covered under the laws of Workers' compensation. Sometimes there can be disputes arising regarding whether an injury occurred at work or in the scope of employment and having the legal assistance of a workers' compensation lawyer can benefit you greatly in protecting your rights.
You must report an accident resulting in an injury within 4 days of its occurrence or risk losing benefits. It is best to do so in writing. Your employer must then report the injury to their workers' comp insurance company if you miss more than 3 regular days of work because of your injury. You will then also be entitled to temporary disability benefits.
The average weekly wage you normally are paid determines how much you are entitled to in benefits. This can sometimes be a point of contention, as it may include commissions, overtime or even compensation from another employer. Our knowledgeable attorneys at Anderson, Hemmat & McQuinn can assist you in obtaining the level of pay you are entitled to. Once your weekly wage is established, a formula is used to determine what the figure will be.
Your employer can designate the medical provider all injured employees are to use. If he/she does not do so, you can choose your own medical provider. After the claim is filed, may be examined by another doctor, at the request of the insurance company (at its expense).
When the insurance company denies your claim, you have rights and other options. Sometimes a claim is denied simply because the insurance company does not have enough or accurate information. If the insurance company does not believe that the injury is work-related or believes that further investigation is in order, they can also deny a claim.
To learn more about what you should do when an insurance company denies your claim, check out our "Workers' Comp Denials" page.
This can occur fairly often and requires an independent medical examination to determine if there are still medical issues that keep you from being able to return to work. Your claim for further treatment could be denied, leaving you at risk of a continuous physical problem later in life. Consulting with our office can assist you in fighting for the right to obtain the medical treatment you deserve in order to fully recover.
Click here to view our entire Denver, Colorado Personal Injury Lawyer Frequently Asked Questions
Contact a Denver Workers' Compensation Lawyer when you need skillful and dedicated legal representation for your workers' comp claim.
The information on this website is for general information purposes only. Nothing on this should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
Fill out this quick form to download your free guide.×
Enter your information below and we will have a past or current Anderson, Hemmat & McQuinn client contact you. Let us know your potential case type and we will do our best to have someone in a similar situation call you!