Denver Personal Injury News

On-the-Job Seizures and Filing Workers’ Compensation in Denver Claim


February 13, 2019

Seizures are terrifying. You can go from normal life to losing consciousness in a matter of a second. Imagine how dangerous they can be for those driving, operating machinery or more in the workplace. Then if you have a seizure, how will that change your work situation? It is essential to know your rights as an employee when it comes to on-the-job seizures and if you can file a workers’ compensation in Denver claim using a top attorney at law. 

Types of Seizures

Just because a person has a seizure does not mean they have epilepsy. What exactly is a seizure? They occur when there are changes in electrical activity in the brain. They can change a person’s quality of life and can be downright scary. There are four types of seizures a person can have: 

Generalized: A variety of seizures that occur on both sides of the brain, causing a loss of consciousness, jerking, reduction in muscle movement or drooping. 
Infantile Spasms: Occurring in babies up to a year old, these are spasms that only last a couple seconds in increments. During these seizures, a baby will have spasms in their limbs or rolling eyes. 
Partial or focal: Seizure that occurs on half of one side. A person can be aware or unconscious. 
Non-epileptic: Caused by stress, a person can experience a psychogenic seizure without having epilepsy. They mirror symptoms of a focal seizure. A person can also suffer a seizure due to withdrawals from alcohol or medications such as benzodiazepines (i.e., Xanax) or barbiturates.

Seizures in the Workplace

Those with seizures, whether they know they have a condition that causes them or not, can be serious and dangerous in the workplace. If a seizure hits while operating a vehicle or piece of machinery, it can be deadly to all parties involved. Or, those that work in isolated environments can have a seizure and no assistance. 

Employee Rights

Epilepsy is a disability, and those who suffer from it have protections from the Americans with Disabilities Act. This law means a person cannot be discriminated against because of their disability. Also, a person is granted accommodations, permissions and tools/resources needed to accomplish their job. If you have seizures, it is best to know your legal rights

Filing a Claim

Injured workers that get hurt on the job while with epilepsy or non-epileptic seizures may wonder how workers compensation comes into play. Can you file a claim? This is where your local attorney can help. They will review your situation with you and let you know if you have a case. A majority of the claims that are taken on by employees that had a seizure due to work activities. If it is a personal issue not relating to the job, you will most likely have to handle it on your own.  

If you are unsure if you are eligible for a claim, contact Mark A. Simon, the premier Denver workers’ compensation attorney. Mark will review your case and share your options with you. As your go-to attorney, the office will do all the work so that you can worry less. Schedule your free consultation at 303-321-4878.
 
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On-the-Job Seizures and Filing Workers’ Compensation in Denver Claim


February 13, 2019

Seizures are terrifying. You can go from normal life to losing consciousness in a matter of a second. Imagine how dangerous they can be for those driving, operating machinery or more in the workplace. Then if you have a seizure, how will that change your work situation? It is essential to know your rights as an employee when it comes to on-the-job seizures and if you can file a workers’ compensation in Denver claim using a top attorney at law. 

Types of Seizures

Just because a person has a seizure does not mean they have epilepsy. What exactly is a seizure? They occur when there are changes in electrical activity in the brain. They can change a person’s quality of life and can be downright scary. There are four types of seizures a person can have: 

Generalized: A variety of seizures that occur on both sides of the brain, causing a loss of consciousness, jerking, reduction in muscle movement or drooping. 
Infantile Spasms: Occurring in babies up to a year old, these are spasms that only last a couple seconds in increments. During these seizures, a baby will have spasms in their limbs or rolling eyes. 
Partial or focal: Seizure that occurs on half of one side. A person can be aware or unconscious. 
Non-epileptic: Caused by stress, a person can experience a psychogenic seizure without having epilepsy. They mirror symptoms of a focal seizure. A person can also suffer a seizure due to withdrawals from alcohol or medications such as benzodiazepines (i.e., Xanax) or barbiturates.

Seizures in the Workplace

Those with seizures, whether they know they have a condition that causes them or not, can be serious and dangerous in the workplace. If a seizure hits while operating a vehicle or piece of machinery, it can be deadly to all parties involved. Or, those that work in isolated environments can have a seizure and no assistance. 

Employee Rights

Epilepsy is a disability, and those who suffer from it have protections from the Americans with Disabilities Act. This law means a person cannot be discriminated against because of their disability. Also, a person is granted accommodations, permissions and tools/resources needed to accomplish their job. If you have seizures, it is best to know your legal rights

Filing a Claim

Injured workers that get hurt on the job while with epilepsy or non-epileptic seizures may wonder how workers compensation comes into play. Can you file a claim? This is where your local attorney can help. They will review your situation with you and let you know if you have a case. A majority of the claims that are taken on by employees that had a seizure due to work activities. If it is a personal issue not relating to the job, you will most likely have to handle it on your own.  

If you are unsure if you are eligible for a claim, contact Mark A. Simon, the premier Denver workers’ compensation attorney. Mark will review your case and share your options with you. As your go-to attorney, the office will do all the work so that you can worry less. Schedule your free consultation at 303-321-4878.
 
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Top Auto Accident in Denver Facts and Stats


February 6, 2019

With Colorado ranking near the top for fatal accidents, it is crucial for all drivers to do their part to keep the roads safe. The state, Denver in particular, is a busy place. With challenging roads and weather conditions throughout the year, all drivers to be more aware. Learn about the top car wreck statistics and ways to prevent an auto accident in Denver from your local attorney. 

Distracted Driving
Nearly 90 percent of Denver drivers admit having driven with distractions. While just over half note it was talking on a cell phone and a quarter texting, distracted driving is much more. In today’s society, many factors affect our day to day, which is important to remember for those on the road. In fact, adults from 21 to 40 are some of the largest culprits of distracted driving. 

Several more factors can keep your eyes and mind off the road. Common distractions include: 

Adjusting music, GPS, settings or other features in the car
Loud passengers
Stress and emotions
Eating or drinking
Pets
Fixing clothing or makeup
Texting
Taking calls 

Marijuana Use
In Colorado, those driving with five or more nanograms of THC in their system could be charged with a DUI (driving under the influence). With five years of legalization under its belt, Colorado has seen mixed stats on how it has impacted accident rates. The number of fatal accidents has risen approximately 10 percent over the last five years. However, in other studies, rates are decreasing. As the state learns more about how marijuana impairs drivers, it is best for all users to stay off the roads after smoking. 

DUIs and DWIs
Often confused for one another, DUI and DWI are different. 

DUI (Driving Under the Influence): A person in Colorado can be charged with a DUI when operating a motor vehicle after consuming drugs and/or alcohol. Those who receive a DUI in Colorado can have their license revoked for nine months, fines up to $1,000, serve 96 hours of community service and attend alcohol education courses. Those who have their license revoked can ask about an ignition interlock advice which allows a person with a DUI the opportunity to use the device before driving to ensure there is no drugs or alcohol in one’s system. This is something to discuss with a lawyer. 
DWI (Driving While Impaired): A lesser charge, those in Colorado can be charged with a DWI when driving under the influence of a substance—even if they are below the legal limit. On the first offense, a person with a DUI in Colorado can receive eight points on their license, up to 180 days in jail, fines up to $500 and even community service requirements up to 48 hours. For second and third offenses, penalties can be up to $1500, time in jail or prison is introduced, and community service is required.

While marijuana tickets and arrests may be lowering, those being charged with a DUI or DWI is on the rise in Colorado. This has unfortunately increased the number of fatal accidents in the state. 

Trucks and Semis
Interstate 70, commonly known as I-70, stretches from Maryland on the east coast all the way to Utah on the west coast. Denver is one of the many cities it runs through, making it a popular route for trucks and semi drivers. While the logistics industry is booming, higher demand also puts more strains on drivers. Many drivers get tired and fall asleep at the wheel, while others can become distracted. Also, drivers around semis do not always realize their driving habits could lead to accidents. Thousands are injured or killed each year, making it crucial to be mindful to avoid a personal injury in Denver by staying out of trucks’ blindspots.  

Motorcycles
Accidents involving a motorcycle are on the rise in Denver. Nearly 50 percent of those accidents include injuries due to not wearing a helmet or other protective gear. Another problem in Colorado is the number of motorcyclists without proper license to operate. As with semis, motorcycles and vehicles need to work together to protect each other on the road. In Colorado, cyclists must get the motorcycle approval for their license and take motorcycle training. 

Electric Scooters
In 2018, the city of Denver was introduced to one of the latest crazes in public transportation: dockless electric scooters. Scooters were brought in without any regulations in the town, there was a period when all was up in the air. According to e-scooter accidents, injuries on the rise across Denver, FOX 31 reports roughly 20 injuries per week, from fractures to road rash, due to accidents involving scooters. Some riders don’t follow basic rules while others do not wear the recommended helmet. 

Since launching in Spring 2018, laws have been implemented and enforced to reduce injuries, including mandatory use in bike lanes if lanes are available. Electric scooter riders can use sidewalks on streets that do not have a bike lane and must go six miles per hour or slower to avoid injuring pedestrians. For riders sharing the road with vehicles, they must stay as far to the right as possible and obey all other traffic laws as if they were in a car or truck. For downtown Denver, scooters are not permitted in any way on the 16th Street Mall. For those looking to ride with a friend, that is also banned. Only one person is allowed on scooters. In addition, companies that provide scooters must have proper lights and reflectors for safety. 

When it comes to representation due to a car accident, Mark A. Simon attorney at law will help you with your case. With more than 20 years of experience in the field, this premier team will work hard to ensure you get the justice and service you deserve. From motorcycle incidents and trucking accidents to wrongful death and drunk driving, the Mark A. Simon law office is your go-to to handle your case. Delivering you the quality service you need, schedule your consultation at 303-321-HURT to get started. 
 
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Six Tips for Recovering from a Winter Auto Accident in Denver


January 30, 2019

This winter is a dangerous time to be on the road due to the colder temperatures causing engine problems in vehicles nationwide, but also ice and snow can be a dangerous obstruction to many drivers. If you’re worried about what you should do when you get into a winter auto accident in Denver, you don’t have to look any further. Below, are six helpful tips to guide your recovery following a severe winter auto accident

1. Contact Your Auto Insurance Provider

As soon as you get into an accident, make sure you get the information from other drivers and pedestrians involved. This will become incredibly handy when you go about contacting your auto insurance provider and file a claim against the other driver(s) if you weren’t at fault. It’s also beneficial to contact your insurance provider as soon as you leave the scene of the accident since it will be fresh in your mind. This will come in hand when your insurance provider asks you questions about the accident, the longer you take to call your insurance company, the harder it will be to recall specific details of the event. 

2. Consult with Your Doctor

Once you leave the scene of your auto accident, you should consult with your doctor in case you have injuries that can’t be identified by yourself. Although scrapes of bruises may not be a severe injury, you should get a few x-rays done just to make sure you haven’t sustained severe internal injuries. Of course, if you do feel hurt, you should make sure your doctor knows so that the injuries can be identified and you can be referred to a physical therapist if need be. 

3. Meet with a Physical Therapist

If you sustained serious injuries due to the auto accident, you should make sure your insurance company knows and forward documentation of your medical bills to them. However, to work on recovering from your injuries, you should meet with a local physical therapist. This kind of medical professional can help get you back on your feet and help you regain your mobility. Before meeting with a physical therapist, it’s worth consulting with your health insurance provider on local physical therapists (PT) to use. Even if your doctor recommended you to see a particular PT, it’s essential that they accept your health insurance plan, or else you’ll be paying for all of this out-of-pocket, which not everyone can afford.  

4. Take Necessary Time Off Work

Following your auto accident in Denver, you should take time off work, even if it’s just for a few days. Naturally, no one enjoys losing money, but you need to take the necessary time away from work to recover from the traumatic experience. If you can take paid time off, now is an ideal time to take advantage of this work benefit. However, there are typically a number of programs that pay individuals that are out of work due to an injury. Your health insurance coverages might even include this particular situation, so you don’t have to worry about not being paid while out of work recovering from your injuries. 

5. Complete Your Auto Accident Claim

While you’re recovering from your accident, it’s an excellent time to complete your auto accident claim to ensure you get compensated for the damage to your vehicle, as well as to your body. To complete your claim, you’ll likely have to give your auto insurance company any additional information you have to offer, as well as medical and vehicle repair records that you have. Generally speaking, the more information your auto insurance company has, the better off you will be and the higher the chance of your claim getting approved quickly.

6. Get Your Vehicle Repaired 

The last step in this lengthy process of recovering from a winter auto accident in Denver is to get your vehicle repaired. Your auto insurance company should be able to direct you towards a reputable mechanic in your area. You’ll have a chance to drop off your vehicle and make any necessary repairs due to the accident. However, you don’t have to worry about paying anything, other than your deductible and other out-of-pocket expenses, such as if the damages exceed your coverages. Once your vehicle is repaired, you can pick it up good as new, and start getting your life back on track. In the meantime, when your vehicle is being repaired at a local garage, your insurance provider should be able to find and pay for a rental vehicle that you can use for getting to and from your house. This option is included in most auto insurance coverages, but not everyone has it, so it's worth asking your auto insurance provider. Even if you have to pay rental fees out-of-pocket, rental vehicles aren't too expensive.

How You Can Drive Safer in the Winter

Driving in the winter can be incredibly dangerous, but there are ways you can work on driving safer in the ice and snow. First off, you should avoid driving in snowstorms and limit the amount of time you spend on the road. Before driving, you should make sure that your vehicle is cleared of snow and ice and plan on putting a sandbag in your trunk to add weight to your vehicle to help gain control while driving on ice. Also, you should always let your family know where you’re driving while on the road in winter in case an accident does happen. Driving during the winter can be pretty nerve-racking, so following these tips can help you get a better handle of yourself and your vehicle this winter. 

Although vehicle accidents in Denver during the winter can be hard to avoid, it’s surely not impossible. Hopefully, this lengthy guide could offer you help in recovering from a winter auto accident in Denver during the snowier months of the year. If you’ve been in an auto accident and not sure where to start, reach out to Mark A. Simon, attorney at law, at 303-321-4878 for legal assistance and to start recovering from your auto accident. 

 
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Denver Workers Compensation Attorney Explains How to See a Physical Therapist


January 23, 2019

If you’re a worker, who has recently sustained a workplace-caused injury or are interesting in what happens if you are injured at work, you should get a better understanding of how to use workers compensation and how to begin seeing a physical therapist to get yourself back on your feet. Fortunately, the process usually isn’t too complicated, and you can get your injuries healed rather quickly. But don’t worry, recovering from injuries doesn’t mean you’ll lose pay. Here’s what Denver workers compensation attorney has to say about using workers comp and seeing a physical therapist for recovery today. 

How to File Your Workers Compensation

Report Your Accident Immediately to a Superior
It’s essential that you report your accident as soon as it happens and have a witness see you fill out the necessary paperwork. It’s also helpful to write down exactly what happened during the accident, as well as where it occurred since it’s easy to forget the fine details a few hours or even a few minutes afterward. By reporting your accident, you can begin your workers compensation claim process and can start making an appointment with your doctor to determine what kind of injury you’re dealing with. 

Make an Appointment with a Local Doctor

Once your accident is properly recorded to your superior, you should make an appointment with a local doctor to get the necessary tests and x-rays done to determine what kind of damage your accident caused. Most of the time, workplace accident occur in the legs and back, but your injuries will entirely depend on the type of accident that happened. However, before placing your appointment, you should contact your health insurance provider to ensure the doctor you’re seeing is in-network and speak about your accident, so they know you’re filing a workers compensation claim. 

Seek Referrals for a Physical Therapist

Following your doctor’s appointment, your injuries will either be minor enough for a day or two of recovery before returning to work, or they’re severe enough to require surgery and/or meeting with a physical therapist. A physical therapist or PT for short will help you regain your mobility and assist in recovery following surgery. Although you may not think mobility exercises are essential, you’d be surprised how helpful a PT can be to recovering from your workplace accident. 

Send Your Medical Bills to Your Workers Comp Representative

Depending on your workplace, you might be assigned to a workers compensation representative that will handle your case, or be referred to a workers compensation attorney depending on the severity of your accident. You will have to recall the accident with the representative or attorney, as well as forward your medical bills so that you can be adequately reimbursed for them. During this process, just make sure to be truthful and do your best in remembering your accident. 

Tips for Seeing a Physical Therapist

Find the Best PT in Denver

To recover from your workplace-caused injuries, you’ll need to work with the best Physical Therapist (PT) in Denver. Fortunately, you should have gotten plenty of referrals from your primary care provider, but you might also want to do some research on your own. After booking a few consultations to find the best PT for your recovery process, it’s time to kick start your treatment plan, so that you can regain mobility and return to work. 

Wear Comfortable Clothing to Physical Therapy Sessions

Physical therapy sessions can get quite hot and sweaty from the work you do, so it’s important you stick to wearing clothes that are comfortable to wear. However, this also has to do with the setting you're doing your therapy sessions in. Your best bet is to wear a fitting t-shirt, comfortable athletic sneakers, and shorts. Wearing these comfortable clothes will make your therapy sessions a lot easier and help you sweat less, which can make your therapy sessions less frustrating and exhausting. 

Don’t Be Afraid to Speak Up

During your therapy sessions, you should never be afraid to speak up in case an exercise is too challenging or if you need a break. Your PT is there to help you regain your mobility; there’s no point to your therapy if you feel that you’re being pushed too hard and feel the anxiety of attending therapy sessions crushing you. However, at the same time, it’s necessary that you remember that these therapy sessions are meant to challenge you and regain your mobility from your injuries. Occasionally, you’ll have a hard session or two, but that’s no reason to quit your therapy. Worst case scenario, you should ask your physical therapist to lower the stress of the exercises for a particular day if you’re having an especially hard day. 

Remember That Your Recovery Takes Time and Patience 

It’s essential that you don’t give up on yourself when meeting with a physical therapist. Remember that your recovery will take both time and patience, after all, you won’t regain the mobility of your broken arm of leg overnight. If you are having a hard time with your therapy sessions, don’t be afraid to talk to your PT and tell them the problems you’re having so you get helpful advice, rather than feel like you should give up and live with your restricted mobility. 

If you’re suffering from a work-based injury, you’ll be able to take advantage of workers compensation and begin seeing a certified physical therapist to help you regain your mobility. Although it may seem like an unusually lengthy process, recovering from a broken limb isn’t as easy as it sounds. Hopefully, with the help of this short guide from your local Denver workers compensation attorney, you can have a much easier time filing your compensation claim to obtain lost wages and medical pay from your accident. If you need help beginning your claim process or tips on how to get started with your workers compensation, feel free to contact  Mark A. Simon, attorney at law, at 303-321-4878. Or, stop by his office at 950 S. Cherry Street #1200 right here in Denver, CO. 
 
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