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Denver Workers' Compensation Attorney
Are you feeling lost after you or a loved one has experienced a workplace-related injury or illness? Are you overwhelmed with medical bills or dealing with insurance companies? Is your employer not being supportive after being injured at work?
At the Eley Law Firm, our Denver workers’ compensation attorneys can help. We focus our practice exclusively on helping people who suffer on-the-job injuries navigate Colorado’s complex workers’ compensation system. We understand our clients’ concerns, including being able to obtain the treatment they need, paying medical costs and ultimately getting back to work.
Attorney Clifford Eley has more than 30 years of experience and has helped hundreds of injured workers, like yourself, obtain the compensation to which they are entitled. Our firm will work tirelessly to protect your rights and ensure you get the care you or your loved one needs. We are dedicated to the rights of injured workers and have never represented an insurance company.
Throughout our years practicing law, we have helped injured workers in obtaining workers’ compensation benefits and determine when it may be appropriate to pursue legal action outside the workers’ compensation system.
If you’re looking for a trusted workers’ compensation lawyer in Denver, contact Eley Law Firm. We’re ready and willing to review your situation with a free, confidential case evaluation.
Our Services Are Focused On Protecting Your Rights
We realize you and your family rely upon workers’ compensation to help you through difficult times. That’s why we are ready to hit the ground running to help you pursue your claim for benefits.
A few examples of how a lawyer can be of assistance are:
- Issuing proper notice to your employer and its insurance carrier to speed up the process of obtaining benefits
- Obtaining the proper amount of benefits to replace your lost wages
- Ensuring you obtain all necessary medical treatment as prescribed by your physician
- Obtaining the proof your company’s insurance carrier will require before awarding benefits
- Replacing all costs associated with your injury as allowed by law, including mileage costs incurred traveling to and from treatment
- Negotiating settlements, including lump-sum payments or structured settlements, when doing so is in your best interests
Our Denver workplace injury attorneys represent injured workers in the Denver area and throughout the state of Colorado.
What Is Workers’ Compensation?
In Colorado, workers’ compensation is the insurance program that protects employers and employees by providing a no-fault claims system for workplace injury or illness. Workers’ compensation insurance provides medical, lost wages, and other benefits to workers who are injured on the job.
When a workers’ compensation case goes smoothly, an injured employee receives benefits to cover their damages without going to court. Additionally, this system benefits the employer since, under the no-fault system, the employee is not eligible to sue them in court.
How to File for Workers’ Compensation in Colorado
To file a workers’ compensation claim in Colorado, you must follow these general steps:
- Notify your employer right away, orally and in writing. You’ll need to provide written notice of your injury or illness to your employer within four days.
- Seek medical attention from an approved physician. Your employer may allow you to see a doctor of your choice, but they may have an approved list that you must seek treatment from.
- Within 10 days of receiving notice, your employer must file an Employer’s First Report of Injury with its insurance company. The insurance company should notify you and your employer if you are approved for benefits within 20 days.
- If your employer doesn’t report your injury, you can report the injury yourself to the Colorado Division of Workers’ Compensation.
- If the insurance company denies your claim, you have the right to file an appeal
All businesses with employees operating in Colorado arelegally required to have workers’ compensation insurance, regardless of the number of employees, whether the employees are part time or full time. Workers’ compensation insurance is purchased by an employer from an insurance agent, much like liability or auto insurance. The cost of workers’ compensation insurance cannot be passed on to employees.
A workers’ compensation lawyer can:
- Help ensure that an injured worker receives the appropriate medical treatment and compensation for lost wages
- Negotiate with insurance companies to ensure that an injured worker receives fair compensation
- Provide legal representation in the appeals process if an employee’s claim is denied or disputed
While Colorado law prohibits employees from directly suing their employer for injuries sustained on the job (as the system is a no-fault system), a workers’ compensation lawyer can be crucial in helping an employee navigate the complex process of obtaining benefits. Ultimately, having a knowledgeable workers’ compensation lawyer can help you know your rights and receive the benefits you are entitled to under the law.
The experienced attorneys at Eley Law Firm work with all types of industries. Our Denver healthcare worker injury attorneys can help you navigate the complex workers’ compensation system. Or if you are represented by the Nurses’ Union, our nurse injury attorneys have experience in navigating many different types of workers’ compensation claims.
FAQs About Denver Workers’ Compensation Benefits
What Types of Benefits Can I Receive?
Colorado’s workers’ compensation benefits cover the medical expenses associated with your injury, vocational rehabilitation, and wage replacement in the form of disability benefits. If the employee died as a result of a workplace injury or illness, the family may also claim death benefits and funeral and burial costs.
There are four types of disability benefits:
- Temporary Total Disability (TTD): If your injury prevents you from working for a temporary period, you may be eligible for TTD benefits. These benefits provide wage replacement when you are unable to work.
- Temporary Partial Disability (TPD): If your injury allows you to work but at a reduced capacity or with restrictions, you may be eligible for TPD benefits. These benefits provide wage replacement for the difference between your pre-injury earnings and your reduced earnings.
- Permanent Partial Disability (PPD): If you sustain a permanent impairment or loss of function, but can still work in some capacity, you may be entitled to PPD benefits. The amount of compensation depends on the severity of the impairment and its impact on your ability to work. Speak to a permanent partial disability lawyer in Denver for more information!
- Permanent Total Disability (PTD): If your injury or illness prevents you from performing any type of work, you can recover PTD benefits for the rest of your life. These benefits are equal to the value of your TTD rate. Our Denver permanent disability lawyers are here for you every step of the way.
How Much Are Workers’ Comp Benefits?
Workers’ compensation aims to provide wage replacement and medical benefits to injured employees. The value of these benefits can vary depending on several factors. Generally, the amount of compensation you can receive is determined by your average weekly wage and the severity of your injury or disability.
The wage replacement benefits are typically a percentage of your average weekly wage before the injury, subject to certain maximum and minimum limits set by state law. These benefits are designed to help you maintain a portion of your income while you are unable to work due to the injury.
Medical benefits will equal the cost of reasonable and necessary medical treatment related to your work-related injury or illness. This includes doctor’s visits, hospital stays, surgeries, medications, physical therapy, and other healthcare services required for your recovery.
How Long Do Disability Benefits Last?
The duration of disability benefits depends on the nature of your injury, the progress of your recovery, and the determination of your treating physician. Temporary disability benefits are typically provided until you reach maximum medical improvement (MMI) or are able to return to work.
Permanent disability benefits, on the other hand, can last for a longer duration, providing ongoing compensation for the lasting effects of the injury. In the case of PTD, these benefits will last for the rest of your life.
Defining Workplace Injury And Illness In Colorado
The Occupational Safety and Health Administration (OSHA), which governs federal work condition standards, defines what does and does not constitute a workplace injury. OSHA defines an injury or illness as work-related “if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.” This definition has some exceptions, as outlined by OSHA’s guidance.
An injury is not considered work-related under the following circumstances:
- The employee caught a common cold or flu (called “ordinary diseases of life”) from a co-worker or member of the public.
- The employee is in a motor vehicle accident resulting from their commute or the business’s parking lot.
- The employee was injured while in the work environment, acting as a member of the public, not as an employee.
- For example, an employee was off the clock and visiting a grocery store where he is employed full-time at the deli counter. If the off-the-clock employee slips and falls while on this premises, this would not likely be classified as a workers’ compensation case.
- The employee’s injury or illness became apparent at work but not caused by work.
- The employee was injured due to a voluntary health program provided by the employer.
- The employee was injured or became ill due to the employee performing personal tasks at the business outside of their shift.
- The employee’s injury resulted from personal grooming, self-medication for a non-work-related condition, or was intentionally self-inflicted.
- The employee’s illness is a mental illness, and the employee has no documentation from a trained professional stating the mental illness is work-related.
Examples Of Specific Workplace Injuries In Colorado
Over our 30 years of experience in working with individuals who receive workplace injuries or illnesses, here are some common injuries that occur:
- Catastrophic Injury
- Brain Injuries
- Loss of Limb or Use
- Asbestos exposure
- Repetitive Motion or Use Injuries (RMIs)
- Carpal Tunnel
- Neck Injuries
- Knee Injuries
- Cuts and Lacerations
- Burns
The above injuries are a non-exhaustive list of injuries a worker could receive as a result of their employment in the Denver area.
If you were hurt at the job site, our Denver construction accident attorneys can help you determine and fight for the maximum compensation for your claim.
How to File for Workers’ Compensation in Colorado
To file a workers’ compensation claim in Colorado, you must follow these general steps:
- Notify your employer right away, orally and in writing. You’ll need to provide written notice of your injury or illness to your employer within four days.
- Seek medical attention from an approved physician. Your employer may allow you to see a doctor of your choice, but they may have an approved list that you must seek treatment from.
- Within 10 days of receiving notice, your employer must file an Employer’s First Report of Injury with its insurance company. The insurance company should notify you and your employer if you are approved for benefits within 20 days.
- If your employer doesn’t report your injury, you can report the injury yourself to the Colorado Division of Workers’ Compensation.
- If the insurance company denies your claim, you have the right to file an appeal.
Eley Law Firm Is Denver’s Choice For Workers’ Compensation Cases
For 30 years, our expert workers’ compensation lawyers have supported injured Coloradan workers. During that time, we’ve helped hundreds of clients receive the compensation they deserve.
We’re so confident we can help you recover your workplace injury benefits that we promise you’ll never pay any fees unless we recover benefits on your behalf.
Reach out to the team to schedule your free Denver workers’ compensation case review today. We’ll examine the details surrounding you or your loved one’s case and help you determine your next steps.
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