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


Denver Workers Compensation Attorney Answers FAQs


August 30, 2017

The law can be difficult to understand sometimes, so we know that many people in the state of Colorado may not be familiar with the ins and outs of workers’ compensation. Learn the basics by reading the answers to these frequently asked questions, provided by a Denver workers compensation attorney.

How soon do I need to report my injury?

It’s strongly recommended that you report your injury to your employer as soon as it happens. However, if the injury is severe or life threatening, it’s more important to seek medical attention than it is to talk to your employer right away.

Injured workers have four days from the date of the injury to report the incident to their employer. If you report it after this four-day period, it’s possible that you will lose some of the benefits that you deserve. Make sure that you meet this tight deadline so you receive as much compensation as possible. If you are physically unable to notify your employer within four days, ask someone else to do it on your behalf.

Who is covered by workers’ compensation laws?

The vast majority of employees are entitled to receive workers’ compensation if they are injured at work. But, there are some workers who are not eligible, including independent contractors, part-time domestic workers, and individuals who perform farm work or maintenance work for less than $2,000 per year.

How will you be compensated?

If your claim is approved, workers’ compensation will cover all of your healthcare expenses related to your injury. Injured workers are also eligible to receive either temporary disability or permanent disability payments. The former compensates workers who are temporarily unable to work, while the latter compensates workers who will never be able to fully recover from their injuries.

Workers’ compensation also pays death benefits to families who have lost a loved one due to a work-related injury. In this tragic situation, the family would also receive a lump sum from the insurance company to cover funeral expenses.

Can a workers’ compensation claim be denied?

Yes. Many claims are denied if the injured party does not provide enough information. To avoid this problem, make sure you provide medical records that clearly show the extent of your injury. Claims can also be denied if the insurance company does not believe that the injury occurred at work. Learn why your workers’ compensation claim could be denied.

Who decides if a claim is approved or denied?

Many injured workers believe their employer decides if a claim is approved, but that’s not the case. It is the insurer’s responsibility to review the information that you have provided in the claim and decide whether to approve or deny it.

If you have been injured at work, don’t hesitate to seek legal representation from an experienced workers’ compensation attorney. Mark A. Simon will work tirelessly to ensure you receive the benefits that you deserve. Call us at 303-321-4878 or contact Mark A. Simon to discuss your right to recover compensation during a free consultation.
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Part Two: Applying for Workers’ Compensation in Denver? Avoid These Mistakes


November 9, 2016

In part one, we discussed a few of the mistakes you could make when applying for workers’ compensation in Denver that may ruin your case. But, those mistakes were just the beginning. Here’s a look at some others that could seriously impact your workers’ compensation case:
 
Mistake: Using your employer’s doctor.
After you are injured at work, your employer may suggest you see a doctor they have on staff to treat your injuries. Your employer could even phrase it in a way that suggests you have to see this doctor, but that’s not the case. Don’t let your employer pressure you to see a doctor they are affiliated with. Instead, choose a doctor that you trust and respect, and feel free to get a second opinion if you’d like. Your employer cannot dictate what doctor you see, so don’t let this affect your case.
 
Mistake: Not returning to work when the doctor tells you.
Some doctors will tell you to return to work and perform other, lighter duties until you have completely healed. If you don’t follow these orders, and choose to stay at home instead, your employer will be able to argue you clearly do not want to work. They will claim you are trying to receive workers’ compensation just to get out of having to work on a daily basis. As we said before, always follow doctor’s orders, especially when it has to do with returning to work.
 
Mistake: Not double-checking the calculated average weekly wage.
An insurance adjustor will calculate how much you are entitled to by looking at your average weekly wages. But, don’t just accept whatever value they give you. Insurance adjustors may try to lower the value they place on your average weekly wage so you don’t receive as much workers’ compensation. The adjustor may forget to add in your per diem, overtime or tips, which means you will end up receiving far less than you actually deserve. This could severely impact the quality of your life as you recover from the injuries you suffered at work, so pay close attention to these calculations. Check the insurance adjuster's work by using this average weekly wage worksheet.
 
Mistake: Giving a recorded statement to the insurance company.
You may have heard the term “you have the right to remain silent” used in criminal cases, but it applies in workers’ compensation cases, too. Anything you say to your employer’s insurance company could be twisted around and used against you, so it is always recommended that you stay silent. Insurance companies may even try to tell you this is a required step in the process or they can’t move forward with your claim until you give a statement, but don’t let them fool you. If you ever need assistance dealing with an insurance company, speak with an attorney.
 
If you do have any questions about workers’ compensation, attorney Mark A. Simon can help. If you have been injured on the job, call us at 303-321-4878 or contact Mark A. Simon to discuss your rights during a free consultation.
 
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Top OSHA Violations from your Denver Workers Compensation Attorney


September 14, 2016

The Occupational Safety and Health Administration (OSHA) exists within the Department of Labor. Their top goal is to ensure employee health and safety. They have standards that each field must adopt to ensure employees do not get injured. Accidents do happen which result in the need for a local Denver workers compensation attorney. However, by following OSHA’s standards, you can ensure your worksite does not get fined for violating procedures. You can also rest easy working in a safe environment. Here are some of the top OSHA violations you should avoid in your own workplace.
  1. Fall Protection: When employees work above six feet in the air, fall protection is required. In 2015, Safety + Health’s “OSHA’s Top 10 Most Cited Violations” article said there were over 7,400 fall protection violations. This includes residential construction violations, unprotected sides and edges, roof work and lack of protection available when working around holes. It is the employer’s responsibility to ensure employees safety. There must be rails around edges, protection over holes and safety harnesses available if suspended or working in a somewhat suspended environment. OSHA will have to put out a citation if a work environment does not protect against these issues, the working environment is unsafe, protective gear is not provided and employees do not know their basic hazardous information.
  2. Hazard Communication: Employees are entitled the right to know about the dangers of hazardous materials they may be exposed to. For everyone’s safety, it is best to keep everyone informed. Safety + Health said there were just over 5,600 of these violations in 2015. Workplaces were cited for not having a hazard communication program in place, not providing enough information on the hazards, lack of safety data sheets, employee training and maintenance of safety information. All workplaces that work with hazardous chemicals, employees must be aware. In addition, manufacturers of the chemicals must also properly label them with proper signage to assist with the requirements.
  3. Scaffolding: In work environments that use scaffolding, it must be properly setup by a qualified individual. There are set requirements for the setup of quality scaffolding to protect workers. The over 4,600 violations in 2015 were written up due to employee fall issues, lack of access, improper platforms and guard rails and poor foundation. According to OSHA, all footing and anchors on scaffolding must be sound and can surely sustain their maximum weight limit. This means that items such as boxes, bricks, concrete blocks, etc. cannot be use to support the scaffolding. It must work in its original state.
When suffering from an on-the-job injury, the premier law office of Mark A. Simon can help. Mark is your go-to Denver workers compensation attorney that can help you with your claim and get you the settlement that you are entitled to. Learn more about temporary and permanent disability information and give Mark a call for help! With over 22 years of trusted experience, including a previous background as a registered nurse, Mark knows what you are going through and can help every step of the way. Call him at 303-321-4878.
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Workers’ compensation Denver: Maximum compensation limits


July 27, 2016

Maximum rates for Colorado workers’ compensation change every year and are set by the Colorado Division of Workers’ Compensation. Rates remain effective throughout the state’s fiscal year, July 1 to June 30. Compensation rates come in two categories: daily rate (seldom used) and weekly rate (most common). A Denver workers’ compensation attorney will help injured workers obtain the maximum benefits allowable under state law.

The maximum temporary disability benefit schedule for the current fiscal year (July 1, 2015 - June 30, 2016) is as follows:
 
Days 1 2 3 4 5 6
    $130.61 $261.22 $391.83 $522.44 $653.05 $783.66
1 Week $914.27 $1,044.88 $1,175.49 $1,306.10 $1,436.71 $1,567.32 $1,697.93
2 Week $1,828.54 $1,959.15 $2,089.76 $2,220.37 $2,350.98 $2,481.59 $2,612.20
3 Week $2,742.81 $2,873.42 $3,004.03 $3,134.64 $3,265.25 $3,395.86 $3,526.47
4 Week $3,657.08 $3,787.69 $3,918.30 $3,048.91 $4,179.52 $4,310.13 $4.440.74
 
To earn the maximum benefits, the injured worker must meet certain wage minimums. For instance, to qualify for the maximum rate of $914.27, the injured worker must have earned at least $1,371.41 per week. The maximum compensation rate is 66 percent of the minimum wage rate for the duration of treatment.

Scheduled impairment is paid at a weekly maximum of $286.91 and non-scheduled (or medical) impairment is paid at a weekly rate of not less than $150 and not more than $502.35.

Bodily disfigurement results in higher compensation rates. The maximum is $4,840.14; however, extensive facial disfigurement, body scars, burns, or amputation resulting from loss of limb fall under an even higher maximum compensation up to $9,678.66. Lump sum compensation works out to lower weekly rate for the year. For an injured worker or sole dependent the lump sum compensation is $84,339.86. Injured workers with multiple dependents may not receive lump sum compensation greater than $168,677.59.

Colorado government value fatalities lower than disfigurement with a maximum death benefit of 25 percent of the maximum weekly benefit, not to exceed $914.27 per week.

Permanent partial disability benefits commence only after the treating physician determines that the worker’s condition has stabilized and further treatment will not restore full functionality. Colorado compensation for permanent partial impairment depends upon the severity of the impairment. An impairment rating of 25 percent or less will result in lower maximum compensation than higher impairment ratings. Impairment ratings are assigned by a physician to the affected parts of the injured worker’s body and may include psychological damage as well as physical damage.

Denver workers’ compensation attorney Mark A. Simon will work on the injured worker’s behalf to ensure he or she receives full benefits related to rehabilitation, medical expense coverage, and wage loss. If you have been injured on the job, call (303) 321-4878 to schedule a consultation.
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Temporary and Permanent Disability Overview from Your Denver Workers Compensation Attorney


July 20, 2016

An injury on the job can be a frustrating experience. Many individuals experience wage loss, inadequate medical care, negative pressure from employers and in extreme cases—termination. A Denver workers compensation attorney will help you work through the ins and outs of workers’ compensation to help you get the money and benefits you deserve. There are three top types of disability for those on workers’ compensation. Below are the differences and always reach out to an attorney to get the justice you deserve.
  • Temporary Total Disability: Individuals injured on the job and lose three shifts or days of work due to an injury or illness may be eligible for temporary total disability. The Colorado.gov website explains the disability would begin on the fourth day of lost work. The disability will then be paid bi-weekly until the employee is able to return to work, is given a release to return to work, does not appear to a re-scheduled medical appointment, physician clears the worker and determines what is called the “maximum medical improvement” has been reached and treatment is no longer needed or when insurance requests to modify, end or suspend benefits.
  • Permanent Partial Disability: When a worker has reached the “maximum medical improvement” and no longer needs to see a physician but still needs time to recover from the illness or injury, this is where Permanent Partial Disability comes into play. Colorado.gov also explains this can occur when a worker has permanent loss of function on a various body part or system. The amount of wages that will be paid out to the worker will depend on the age and income of the individual. This will be compared to the severity of the issue and will be discussed with the authorized physician. This type of disability has two types: Scheduled impairment and non-scheduled impairment. Colorado.gov explains scheduled impairment as loss of function in the feet, toes, legs, fingers, hands, arms, eyes, vision or hearing. There are different schedule values for each of those body parts. Non-schedule impairment covers everything else not mentioned in the scheduled impairment. This could include spine, lung or mental function damage. The extent of damage will be reviewed alongside a physician to determine total disability rates.
  • Permanent Total Disability: Of the three types of disability, this is the most rare type that is given to those injured on the job, even though the quality of the person’s life is forever changed from the injury. In this instance, the person would need to prove an inability to earn wages. Insurance companies typically do not reward for this type of disability. When this type of disability payment is awarded, Colorado.gov explains there is a two-thirds of the average weekly wage at the time of the person’s injury paid out to over the person’s lifetime.
If you have been injured on the job, the law office of Mark A. Simon can help! Mark is your local premier workers compensation Denver attorney that can fight for the money you deserve. Learn more about the Most Common Workers Compensation Claims and reach out to our offices at 303-321-4878 to get started with your case. It is best to have a go-to person on your side to help you get the wages you are entitled to.
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