Denver Workers' Compensation Attorney

Fighting for the Rights of the Injured

Denver Workers' Compensation

If you are injured on the job, the life that you used to lead can come tumbling down around you. You may experience lost wages, inadequate medical care, harassment on the job, or even be fired. You will need a workers' compensation attorney.

 

 

If you are injured on the job you are entitled to benefits including:

  • Payment of your medical care which is reasonable, necessary and related to your on the job injury;
  • Payment of lost wages for the period of time a doctor has taken you off of work for the injury;
  • Payment for prescriptions related to the injury;
  • A LUMP SUM PAYMENT FOR PERMANENT DISABILITY;
  • Payment for mileage traveled to obtain medical care; and
  • Disfigurement benefits which are capped at $9,007 with small increases for cost of living adjustments.

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IMPORTANT: You have a right to reopen your claim for up to 6 years after the date of the accident or 2 years from the last medical care if you experience a worsening in condition.

Advocating for Your Claim – Denver Workers' Compensation Claims 

If you have been injured on the job, chances are you don’t know where to start. Let Mark A. Simon personally handle your claim and guide you through the process to economic and physical recovery. As a dependable source of council, Mr. Simon possesses decades of experience, and knows how to approach your claim to maximize the benefits and recovery.

Continuing Legal Education:

Insurance companies have a statutory right to assign particular doctors to give care. These doctors tend to be “conservative” in their treatment and medical care of the injured. The injured worker can seek second opinions and other healthcare, as procedures do exist for injured workers to change physicians if done at the beginning of the proceedings.

Authorized treating physician's opinions can be reviewed by other physicians in the Division of Workers' Compensation system. Mark A. Simon has vast experience as a trusted workers' comp attorney Denver depends on – with 25 years in managing these matters and can help direct you or someone you know to the appropriate doctor.

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Workers' Compensation News


Tips for Avoiding Injuries and Using Workers Compensation in Denver


January 9, 2019

Your office can be a dangerous place to work. However, that doesn’t mean there aren’t ways you can't avoid injuries in the workplace. Throughout this guide, you’ll get a chance to learn about injury prevention at work and how you can begin using workers compensation in Denver today. So, let’s dive in and discover the many ways you can prevent injuries to yourself and your coworkers. 

How to Avoid Injuries in the Workplace

Avoiding injuries in the workplace is easier than you think. Although some accidents can seem unavoidable, from wearing the right clothes to asking a coworker for help, here ae a few ways you can begin avoiding injuries in the workplace today.

Wear Work Appropriate Clothing

An easy way to prevent injuries in the workplace is to wear work-appropriate clothing. However, what you wear usually depends on the role you play in the workplace. For example, if you work in a warehouse, you should wear durable shoes/boots, pants, and shirts that aren’t too loose. Before starting your position, your boss should have gone over appropriate clothing. You may have thought this is primarily for looks, but it’s also meant to keep you safe as well.

Keep Yourself Up-To-Date on Workplace Safety Habits

Another great way to avoid injuries in the workplace is to keep yourself up-to-date on workplace safety habits. Although most work sites have these displayed on signs to help employees remember the rules, you should personally keep yourself updated on ways to stay safer while on the clock. In most professions, workplace safety habits include wearing proper footwear, not being afraid to ask for help, being careful when using a ladder, and more. 

Keep an Eye on Your Coworkers

While at work, you should make sure to keep an eye on your co-workers to ensure they’re also being safe. Also, in some circumstances, you might even be able to save them from a severe accident if you keep a close eye on their activities when they’re lifting a heavy object, climbing a ladder, using heavy machinery, etc. 

Avoid Lifting More Than You Can

As the saying goes, lift with your back, but you should also avoid lifting more than you can — the last thing you want to deal with is a severe back injury that will put you out of work for a few weeks. Especially if the object you’re lifting has a warning for getting assistance for moving it, you should avoid transporting incredibly heavy items on your own. Your nine to five shift isn’t worth the strain and damage you can put on your body. Especially when there are easily avoidable solutions to getting help lifting an object that is too heavy for yourself to move.

How to Use Workers Compensation Following an Injury

Workers compensation is a great program that many workplaces offer in case of a work-related injury. However, not every worker really knows how to begin their claim and take advantage of the program. Here's how you can begin using workers compensation following an injury in the workplace.

Report Your Accident

To begin the process for using workers compensation after getting injured at work, you should make sure that you report the accident as soon as it happens. In most workplaces, you will have to fill out the necessary paperwork and hand it over to your superior. Fortunately, this process shouldn’t take long, so you can quickly begin your workers compensation claim and head down to your doctor’s office to recover from your injuries. 

Set Up an Appointment with Your Doctor

After reporting your accident and beginning your claim for workers compensation, you should set up an appointment and visit your doctor. During this meeting, your primary care physician will be able to perform basic tests to determine an effective treatment plan, as well as take x-rays in case you have broken or fractured a bone. If you have extensive injuries, your doctor may also suggest you visit a local specialist or physical therapist to create a more effective treatment plan, depending on the current state of your injuries. 

Record Your Medical Bills 

While obtaining medical treatment for your work-related injuries, you should record all the bills you receive. Although this may seem like a lot of work to do on your part, it’s to ensure you’re properly reimbursed through your workers compensation in Denver. If you aren’t directly given physical bills at the hospital, you can ask for digital copies to be given to you, or ask your health insurance provider to send you copies to give to your work. However, without these records of medical bills, you won’t be able to be properly reimbursed by workers compensation.  
Stay in Contact with Your Workplace
When you’re on medical leave, you should do your best to stay in contact with your workplace. Although this isn’t necessarily mandatory, it will make your recovery time go a little quicker by regularly contacting your coworkers and letting them know how you’re doing. Also, you should consider reaching out to your manager to let them know how well your recovery process is progressing. Before you know it, you’ll soon be able to be back on your feet and be ready to return to work. 

Although work injuries aren’t completely unavoidable, there are plenty of ways you can prevent them from happening in the first place, from wearing appropriate clothing to avoiding lifting more than you think you can. If you do get injured at work, don’t assume you have no financial or personal support. To help you recover from your work-caused injuries as well as your lost wages due to being out of the office, workers compensation in Denver can help. However, it’s still a complicated process to actually use the program. If your workplace isn’t offering you enough help or allowing you to rightfully use workers compensation, call our office at Mark A. Simon, attorney at law, located in Denver at 950 S. Cherry Street #1200. Or, give us a call at 303-321-4878 to schedule a free consultation today!


 
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Six Tips for Hiring a Denver Workers Compensation Attorney


December 19, 2018

What’s worse than getting injured at work? Perhaps your workplace not giving you the proper compensation for medical bills and lost wages due to recovering from your accident. However, if your work isn’t cooperating with workers compensation laws, you don’t need to worry. Instead, consider hiring a Denver workers compensation attorney to help you get the settlement you deserve. Below, are six tips to help you get started working with a local attorney today.

1. Record Your Accident at Work

First, you should record your accident at work to begin your workers compensation claim. After all, there’s no way you can receive a payout if there’s no evidence of your accident at the actual workplace. You should record your accident to upper management, who will file the necessary paperwork and ensure you have a ride to the hospital or your house to start recovering from your injury. However, the most important thing to remember is that someone is there to witness your injuries. Without this evidence, filing your workers compensations claim can get a lot tougher. Once your accident is recorded, you should speak to your health insurance provider and start working on recovering from your injury, so that you can return to work as quickly as you can. As great as workers compensation is, it will only cover you for so long. 

2. Talk to Your Health Insurance Provider

Speaking to your health insurance provider is an important step because it’s your responsibility to communicate with them about your workplace accident and find a doctor in your network to begin treating your injury. It’s crucial you give your health insurance provider as much information that you can about the accident so that they can contact your workplace to confirm necessary details of your injuries. Also, with their knowledge of healthcare workers in your network, you can book a doctor’s appointment and begin treatment to remedy your injuries, no matter how extensive they may be. 

3. Look Up Local Workers Compensation Attorneys

If the company you work for isn’t cooperating with workers compensation laws, you should reach out to an attorney specializing in workers compensation cases. Although you may be tempted to take matter in your own hands, a professional attorney will have much more knowledge of the appropriate laws and help you get the settlement you deserve. You should look up local workers compensation attorneys in Denver and book a few consultations with them to determine which attorney you want to choose to handle your case. After all, you can only learn so much from looking at their about page. 

4. File Necessary Paperwork
The first thing you’ll have to do when meeting with your attorney is recollect the workplace accident that occurred, as well as filing the necessary paperwork for your case. Although no one enjoys paperwork, this information will solidify your argument for getting the workers compensation you deserve. However, if you need help while filling out this paperwork, your attorney should be more than happy to give you a hand. Fortunately, in this modern, digital age, most of these forms can be completed online from the comfort of your home. If you’re slowly recovering from your accident and can’t easily walk, this is great news for you! Just keep an eye out for an email your attorney will be sending you with the attached forms you’ll have to fill out promptly.

5. Take Your Claim to Court

Once your paperwork is completed, and your attorney has worked on the argument for your case, you’ll be ready to head to court (unless your work company has decided to settle out of court). Before your court date, it’s essential that all the required paperwork has been filed in advance, as you may not be able to enter the courtroom until your case has been properly recorded. Fortunately, you don’t need to worry much about this process, since your Denver workers compensation attorney will take care of it for you. Although going to court can leave you a bit nervous, remember to take deep breaths and stay positive. No one enjoys having to go to court, but it will all be over soon enough. Plus, if you need tips for braving your court date, feel free to ask your attorney, who has done it hundreds of times before. 

6. Enjoy Your Settlement

Once court concludes, you should be able to finally enjoy your workers compensation settlement. Although the journey may be long, your medical bills can finally be paid, and you can obtain the lost wages while you’ve recovered from your injuries. Now is also a great time to reconsider the company you work for due to how complicated it was for them to reward you with workers compensation. After all, your years of service should be rewarded, not restricted. However, don’t forget to take some time to thank your attorney for their help and appreciate how much work you’ve done yourself as well.  

7. How to Avoid Workplace Accidents in the Future

Although not every workplace accident can be easily avoided, most can. To prevent workplace accidents in the future, make sure you stick to regulated rules, such as asking for help lifting something heavier than you can handle, operating equipment safely, and avoiding strenuous activity. With these tips in mind, you can prevent accidents for yourself in the future at work, as well as other coworkers. However, if you feel that many workers in your building don't know enough about avoiding accidents, which may have been a cause of your own, consider speaking to your manager to ensure everyone is up-to-date on staying safe in the workplace. 

There’s a lot to keep in mind when working with a Denver workers compensation attorney, from the day you report your accident to the day you take your claim to work and can finally enjoy your settlement. Hopefully, with help from the tips above and the assistance from Mark A. Simon, attorney at law, you can get the settlement you rightfully deserve. To get started call our office today at 303-321-4878, located at 950 S. Cherry Street #1200, right here in Denver, CO.  

 
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How to Start Your Workers Compensation Claim from Your Denver Workers Compensation Attorney


November 14, 2018

Getting hurt on the job is not a pleasant experience, to put it bluntly. However, you don’t need to feel like you’ll be completed devastated financially and without any recourse, as the workers compensation system is put in place to insure workers are protected against such situations. If you’ve recently been injured on the job and are wondering what the first steps you need to take towards a workers compensation claim are, here are the first things you need to do to get the ball rolling from your Denver workers compensation attorney. 

Seek Medical Attention


Of course, the most obvious step above all else is to seek medical attention. This won’t be an issue if it’s a medical emergency, as you’ll likely head straight to the emergency room or urgent care to receive treatment. However, if you’ve injured yourself but the injury isn’t pressing, such as a mild leg or back injury, it’s important to head to the doctor to receive treatment as soon as you can. 

This isn’t just for your health, although that’s clearly important, it also indicates that your injury is severe enough to warrant filing a claim. You may be required by your employer to see a specific doctor, so it’s a good idea to ask your employer if this is necessary. Many states allow employees to seek a second medical opinion if they feel the first doctor didn’t adequately diagnosis their condition.

Notify Your Employer


One of the most important steps in the workers compensation claims process is to notify your employer that you have been injured on the job. Most jurisdictions require employees to notify their workplace within 30-45 days of an incident. If you do not notify your employer within this time period, the chances of filing a successful claim are dramatically reduced. The exception to this rule is when an employer should have been already aware of such an injury occurring, such as when you are hurt and require immediate medical attention and a manager is responsible for helping out.

Tell the Truth


Throughout the entire workers compensation process, it’s critical for an employee to be as honest and truthful as possible. Perjuring yourself during the investigation process is a surefire way to have your claim thrown out, leading to the unfortunate situation where you are out in the cold. You may also face legal action as a result of lying during this process. If you are not sure about what you should tell investigators, always consult with a qualified workers compensation attorney who can help you through this situation.

Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.
 
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How Marijuana Use Impacts Workers’ Compensation Cases from Your Denver Attorney


September 26, 2018

Marijuana has been legal for recreational use in the state of Colorado for almost the past years, changing the local economy dramatically and providing a new revenue source for the state government. While this change has been dramatic in many ways, it’s important to note how certain things have remained unchanged. In terms of workers’ compensation laws, the changes in law have not changed very much. Your Denver workers’ compensation attorney has compiled some of the important facts regarding this matter that every worker should be aware of.

You Can Still Have Your Claim Denied Over the Presence of Marijuana


Although there has been a sea change in terms of how marijuana legalization has impacted Colorado, this paradigm shift hasn’t reached the area of workers’ compensation law. While it may be legal for personal use, an employer can still make the policy which forbids employees from partaking in legal weed. Employers are still within their right to drug test employees for Marijuana, and are also allowed to fire employees if they test positive.

In addition to being able to drug test for employment purposes, a company’s insurance carrier can also use a positive marijuana drug test as justification to deny or withhold a person’s workers’ compensation claim. Marijuana can remain in a person’s system for weeks after the use occurred, meaning it is important for a worker to consider the potential consequences for partaking in weed, despite the fact that the substance is now legal. Legalization does not mean a person is completely free to use the substance without suffering legal consequences. 

A recent case in Colorado was evidence of this policy, as the state of Colorado denied a woman half of her late husband’s workers’ compensation benefits due to the fact that he tested positive for marijuana. Colorado’s workers’ compensation statute states that an individual can potentially lose up to half of their benefits and wages in the event that they test positive for marijuana. Lost wages can be a crushing blow to a person’s ability to support themselves and their family, highlighting the fact that a person should be aware of the ramifications of legally using pot. This unfortunate legal reality may change at some point in the future, but until then it’s important to understand what is at stake. 

It is important to do everything you possibly can to avoid an accident, but sometimes things happen that are out of your control. In these cases, you will want someone to advocate for you every step of the legal process. It is important to seek out the services of a qualified workers’ compensation attorney that will fight for your rights every step of the way. 

Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement. He will begin the investigation process immediately, ensuring you receive the best representation possible. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.
 
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5 Ways to Improve Warehouse Safety to Avoid Workmans' Comp Claims


August 29, 2018

With an increase in demand for shipments, thanks to online ordering and more drop shipment options, there is such a great need to practice safety precautions in warehouses. Moving into some of the peak online ordering season, now is the best time to ensure your warehouse environment is prepare and regroup. Use these tips to avoid workmans’ comp claims at your business.

Have Protocols and Precautionary Safety Measures for Accidents


Slips, trips, falls, and other accidents account for a large number of warehouse incidents each year. If your company has outdated safety information, or none at all now, make it a priority to add. According to the OSHA Pocket Guide (Occupational Safety and Health Administration), some of the most common problems warehouse face include:
 
  • Forklifts accidents
  • Electrical systems and wiring incidents
  • Improper storage
  • Problems due to the door and wall openings
  • Exit-way accidents
  • Transmission failure
  • Not wearing a respirator in toxic areas
  • Lack of accessible fire extinguishers
  • Repetition in the workday
  • Blocked pathways
  • Hazardous material areas
  • Improper lock in and out procedures
  • Not using equipment properly
  • Disregarding proper lift techniques

As a team, work to create a master list of all potential hazards in your workplace. From there, create strategies on how to safely manage throughout each of these tasks. It also is beneficial to have annual sessions to freshen up on workplace training. This is a great way to revisit this hazards list and add anything new that has occurred in the last year.

It is crucial for all employees to practice all safety precautions in the warehouse to avoid injuries. Also, if OSHA decides to pay you a visit, dangerous environments can also be a costly write-up. Avoid all problems by having standards in place and practiced regularly.

Safety Committee to Host Routine Safety Trainings and Provide Signage


One of the top ways to bring something to the forefront is to make a routine out of it. For warehouse safety, put together a committee that is responsible for safety branding initiatives. A task for the team is to host monthly, mandatory safety meetings. Time is money, so it is important these meetings are as brief and to the point as possible. Have a safety topic each month where information is shared and build a community where the staff is proud to practice warehouse safety.

The committee should also be in charge of safety signage and awareness for the workplace. There can be a mix of lists that have all safety information—and small reminders, too. For instance, some of the smaller signage could note:
 
  • Steel-toe boot area
  • Wear a helmet and protective gear as needed
  • Use knees to lift heavy boxes
  • Wear harness in this area
  • Caution: High forklift traffic area

Tailor each of these signs to your particular business, based on your warehouse’s best practices. It is important that the signs be designed well and clear to read. If you have a marketing department in-house, connect with them for assistance on signage. If not, research the best signmaking in Denver, CO to find a company that you can work with.

Practice Proper Forklift Skills


One of the go-to reasons for accidents in a warehouse is forklift incidents. Some tips for practicing forklift safety measures are:
 
  • Prior to use, inspect the forklift to ensure it is in good condition. It is also important to check fluids and mechanical features to ensure it is in working order. Check for damaged wires on electric units and gas issues on internal combustion units.
  • Always wear a seat belt
  • Only one person in a forklift at one time
  • When hauling a load, make sure it is always behind you and not in front
  • Avoid speeding
  • If you need to drive in the opposite direction, stop and look around you before proceeding
  • Do not turn while in a sloped surface
  • Wear proper shoes and gear while operating
  • Give your full attention when operating
  • Remove any debris in the route you will travel in your forklift (i.e. boxes or other machinery)
  • Never travel down an aisle or walkway without looking for people and sending an audible signal of your presence
  • Do not operate in dark warehouses without headlights
  • Avoid rushing through loading and unloading

Perform Random Safety Checks


In order to ensure procedures are being followed, conduct random safety checks throughout the year. Ideally, having a consequence to not following the rules is a best practice to ensure employees do. It also serves as a great reminder to follow all rules knowing they could be observed at any time.

A best practice is to conduct them randomly. It can be an entire group or one person during the checks. When employees know they may have a negative consequence, they will be more apt to stick to the guidelines

Create Rewards Program for Employee Safety


To complement consequences for poor workplace safety behaviors, it is important to build morale for following protocol. Work with your team to find a rewards system for employees who follow safety precautions. A great idea to help keep track is to buy a sign that notes how many days has passed without a workplace accident. Update each day that there has not been an incident at work. Set goals and have a reward, such as time off or a free lunch, to reward for a specific amount of days without a workplace accident.

Remember, a safe environment is a happy one! If you are injured in the workplace, especially if it is due to a problem with your job, you may want to speak with an attorney. Mark A. Simon is your premier, local Denver workers’ compensation attorney. As you work to restore the quality of your health, take advantage of his services for any problems with your claim. He will help with denied claims and ones with issues to ensure you get the settlement you deserve. From temporary total and permanent disability to permanent total disability, his knowledge and expertise will help you win your case. Schedule your free consultation today by calling 303-321-HURT.
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