Denver Personal Injury News

New Denver Highway Construction Stresses the Importance of Safe Driving


August 15, 2018

The much-discussed, somewhat controversial I 70 construction project has finally begun, bringing a series of issues to drivers in the Denver metro area. The project aims to make significant changes to this major thoroughfare, bringing a large section of the road below grade and adding toll lanes with the intended purpose of improving traffic flow. Any Denver driver knows how much of a nightmare driving on I 70 can be, as traffic congestion can be beyond stressful. But with this new construction project underway, it’s likely that other nearby roads will eventually deal with increased traffic flow, stressing the importance of safe driving by all drivers.

Simple Tips for Staying Safe on the Road

 
  1. Keep a safe distance between the driver in front of you. -  While this may be one of the simplest and most obvious pieces of advice, it can often be ignored during peak traffic times, as drivers are impatient to get home after a long day of work. Avoid the urge to tail closely behind the driver in front of you and maintain an adequate distance to provide for unforeseen sudden stops. Allowing for a larger margin of error while driving can dramatically reduce the possibility of rear ending the car in front of you.
 
  1. Avoid distractions. - In 2018, the sight of distracted drivers is becoming a much more common occurrence, as cell phones often occupy a person’s attention as much, if not more than the car in front of them. This dangerous practice is one in a series of distracted habits that every driver should seriously avoid if they care about their safety, as well as the safety of other drivers on the road. If your phone has become a constant source of distraction, consider leaving it in a place that is inaccessible while driving and let others know that you won’t be able to be reached while on the road.
 
  1. Plan your route based on current detours. - We’ve all had a detour completely take us off of our planned route, created an immense amount of frustration as well as likely making us late. This can not only be a morning-wrecker, but it can also lead to drivers taking abnormal risks while on the road, which can lead to accidents. With the I 70 construction project eventually creating serious detours, stay up to date on the latest routes and plan ahead to avoid headaches.

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. Because of this, it is important to seek out the services of a qualified auto injury 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. Contact him at 303-321-4878 to discuss your legal options during a free consultation.
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Mark A Simon - Denver Personal Injury Attorney Talks Common Work Place Injuries


August 8, 2018

If you are a employee in the workplace, it is important to be aware of the many ways in which you can become injured or hurt on the job. There’s a reason why companies stress employee safety and strong workplace practices: injuries on the job can cost companies an exorbitant amount of money each year if they aren’t careful. With that in mind, here are some of the most common workplace injuries experienced in the workplace from your Denver workers compensation attorney.

Common Types of Injuries Suffered on the Job


You may think that your particular type of industry is immune from the possibility of injuring yourself, but this is simply not the case. In fact, many seemingly harmless work environments have lots of different hazards which can lead to serious injury, dramatically reducing workplace productivity in the process. There are some workplace injury types to be aware of.

Slips and falls are one of the biggest ways a person can incur an injury in the workplace. Slippery or wet surfaces can lead to unexpected and unplanned slips, which can cascade into breaking one’s fall by injuring a hand or other appendage. Often, a simple warning sign can be employed in order to prevent the likelihood that someone will injure themselves through this specific injury type.

Another common form of injury that occurs in the workplace is a repetitive strain injury. This is typically found in workplaces where an employee is engaged in an extremely repetitive motion, leading to a strain of the neck, back, or other part of the body. If a person is bent over or in one specific posture for prolonged periods of time, the chances of incurring an injury are significantly higher than if that person moved around frequently and positioned themselves differently.

Crashes and collisions create a hazard for workers, as this particular activity can come with serious consequences. Whether a person is required to drive a car or truck as a part of their workplace responsibilities or they need to operate heavy machinery such as a forklift, crashing or incurring a collision while on the job is a very common injury that employees can deal with. As with any other injury, proper safety protocols are essential to preventing and reducing the chances of this taking out a worker for an extended period of time.

Toxic fumes inhaled by workers are another way in which individuals can become incapacitated on the job, as serious impairment to breathing functions can occur without proper protection. These types of injuries tend to occur in industrial environments, usually in places such as factories, warehouses, and other areas where various types of dust, particles, and chemicals may be released into the air. For this reason, workers in these types of environments should make sure to wear proper protective gear, such as a respirator.

Cuts or lacerations are another common form of workplace injury, affecting workers in a large variety of workplace environments. Most commonly, employees engaged in activities where they are utilizing sharp objects, such as tools or knives, are much more likely to incur a cut or laceration. Employers are encouraged to have the proper precautionary measures in place to reduce the likelihood that these types of injuries will occur. Of course, it’s not possible to fully prevent human error, which is why it is always critical to have adequate first-aid on-site.

Injuries on the Job with the Highest Fatality Rate


While there are certainly workplace hazards that exist within every environment, there are some industries and job sites that have a much higher rate of serious injury and death. Construction workers accounted for approximately 21% of all workplace injuries which led to death in 2016, according to OSHA. This shows just how treacherous and risky this job field can be, as it should not be taken lightly and should make a person in the construction injury especially aware that a false step can be their last.

Let’s take a closer look at which activities led to the most fatalities in this specific industry. In the field of construction, there are approximately 991 deaths in 2016, and a majority of these deaths resulted from four specific injury types. Falls were far and away the biggest category in regards to fatal injuries, as these accounted for over 38% of fatal injuries on the job in 2016. Workers within the construction field are usually engaged in activities that require them to walk high above the ground, increasing the chances that a fall could result in death.

The second most common fatal injury were accidents where an individual was struck by an object, accounting for just over 9% of workplace deaths in the construction field. On a construction work site, heavy materials and tools are incredibly common and the mishandling of such items can easily result in the death of a worker nearby. Hardhats are always recommended for use by construction workers for this very reason.

In 2016, electrocutions accounted for 82 deaths in the construction field, or approximately 8% of construction-related fatalities. The fourth-most common fatal injury in this field was the caught-in-between injury, which is when construction workers ended up caught in between equipment or collapsing structures. All of these injuries show just how dangerous the construction field can be for workers, as there are a large variety of ways in which a person can suffer a fatal incident.

It is important to seek out the services of a qualified workers’ compensation attorney that will advocate for your rights every step of the way. Mark 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 highest level of representation in the industry. If you have been injured on the job and are wondering what your options are, contact him today at 303-321-4878 to discuss your legal options during a free consultation.
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What to Know About Personal Injury When on an Outdoor Expedition in Colorado


August 1, 2018

You’re headed to the mountains with friends for a planned getaway, one which includes a ton of risky outdoor activities. Perhaps you’ve decided to take an excursion to go white-water rafting on the Arkansas River down in Buena Vista. Or maybe you’re on a week-long guided hike through a part of the Rocky Mountains that you’ve had your eye on for many years and finally have the courage (and time off) to turn your dream into a reality. Whatever outdoor activity you may be engaged in, there are some important things to be aware of from your Denver personal injury attorney.

Injuries on Guided Tours


If you’ve made the decision to seek the services of a professional tour guide, it can be easy to believe that you’ll be under the safest, most reliable guidance possible. Indeed, tour guides can take you on trips to places you normally wouldn’t be able to access depending on your particular skill level, but this doesn’t necessarily mean you will be free from harm.

No matter how experienced or knowledgeable a tour guide may be, they are human and as a result are prone to making mistakes that can result in serious consequences. If these mistakes have led to injuries that could have been prevented, you should seriously consider legal action as a way to remediate the situation and receive adequate compensation.

Negligent Action Is Not Protected


Injuries that occur under the guidance of a tour company may have been caused due to negligence on the part of the tour guide, meaning they may be liable in court for any damages incurred. If you are hurt on a professional expedition and are seeking legal recourse for your injuries, it is important to provide as much evidence as possible in order to prove that the company was at fault. Although a liability waiver will protect a company against many potential injuries, it does not provide total legal protection against negligent actions.

If you believe a particular tour guide has taken actions that have led to your injury, such as committing obvious or blatant mistakes that directly led to your particular injury, it is very possible that you may be able to receive compensation for your injuries. In this case, it is critical to seek out supporting evidence, such as having fellow individuals on your expedition attest to your claims. The company may have committed an oversight, such as leading your party into an area they didn’t have legal access to, which can provide enough evidence to sway your case.

It is important to seek out the services of a qualified personal injury attorney that will advocate for your rights every step of the way. Mark 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 highest level of representation in the industry. If you have been injured and are wondering what your options are, contact him today at 303-321-4878 to discuss your legal options during a free consultation.
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Common Mistakes to Avoid in a Personal Injury Case


July 25, 2018

You’ve just been injured through no fault of your own and you’re wondering what your legal recourse is. The legal process can seem intimidating, stressful, and perhaps the last thing you want to deal with in the course of your recovery. But receiving an adequate settlement that will not only cover the cost of your medical expenses but will also provide you with additional compensation is crucial to receiving what is rightfully owed to you. It is important to take the best steps in order to secure the highest possible payout and there are number of things you can do incorrectly in the course of seeking legal compensation. Here are some common mistakes to avoid from your Denver personal injury attorney.

Believing You Don’t Need an Attorney Right Away


One common mistake individuals who are in the process of settling a personal injury claims make is to assume that an attorney isn’t needed right away. It’s easy to believe that you’ll be able to handle the situation until things get a little more complicated, but this can be seriously detrimental to your personal injury case. Having a qualified attorney on-hand from the outset is an essential part of building the best possible case as soon as possible.

The right attorney will be a best able to fight for your case if they have a large amount of data and evidence at their disposal. The earlier they are able to build and assemble this information, the more prepared they will be to fight vigorously for your case. Often, critical evidence may be accessible at earlier points, whether this is eye witnesses or other key elements that can assist a lawyer in building the best case for their clients.

My Insurance Coverage Means I Don’t Require a Lawyer


If you’ve planned ahead and opted for the right amount of insurance coverage, it can be tempting to assume that you won’t need to go the extra step of hiring a lawyer who can assist you in receiving the best payout. While it’s a great idea to purchase coverage if you can afford it, it’s not always a guarantee that this insurance will be enough to cover all of your medical bills and lost wages.

The truth is, insurance companies are a business, which means they are primarily concerned with making the maximum amount of profits for their shareholders. This means that they will do whatever is necessary to reduce the amount they have to pay to those who file a claim and they will go to whatever lengths needed in order to prove their case. Investigators, insurance attorneys, and professionally-trained claims adjusters could all be employed to find holes in your case. By hiring a capable and knowledgeable attorney, you will be protecting yourself from any potential missteps.

I Want to Save Money and Fight the Case Without a Lawyer


The process of filing a claim with an insurance company is one that will include tons of legalese and other complex language that can be difficult for a non-lawyer to easily understand. The process of competently filing your claim can mean that you’ll be consistently grabbing for your law textbook just to keep up with the process. While you may believe that by filing the case on your own will save you money, the opposite could actually be true. The money you save on fighting the case yourself could end up being significantly less than the money a professional and experienced personal injury attorney could help you receive.

A good personal injury attorney will know exactly what is needed in order to get their clients the highest possible payout and are much more adept at dealing with the courts and insurance companies. A simple mistake can prove to be incredibly costly in the long run if you overlook something. More than likely, hiring a personal injury attorney will actually result in a bigger payout and will probably more than pay for the cost of having a lawyer. It will also save you the headache and time that can accompany a personal injury claim.

Our Family Already Has an Attorney. Can’t They Just Handle the Case?


Another common mistake that individuals often make in the course of a personal injury claim process is to assume that their family lawyer will be more than qualified to fight for their rights. While you may have an excellent lawyer who does their job extremely well in one particular area of law, they will most likely not be the most expert when it comes to the personal injury realm. The field of law is incredibly diverse and the variety of different types of law are vast.

For this reason, it is incredibly important to hire an attorney that knows the personal injury claims process inside and out. If you’re spending money on an attorney, you’ll want to hire the one that has the most amount of experience and knowledge in that particular field of law. A personal injury attorney will be adept and skilled at navigating the claims process and will help you receive the best payout possible, as opposed to simply hiring an attorney that may not be familiar with this particular area of law.

It is important to do everything you possibly can to avoid injuring yourself, 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 personal injury claims process. Because of this, 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 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. Contact him at 303-321-4878 to discuss your legal options during a free consultation.
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Causes for Denver Workman’s’ Compensation Personal Total Disability Benefits


July 18, 2018

In certain unfortunate circumstances or poor work conditions, an injury or illness can leave a person unable to work. Upon being examined by a doctor, under their recommendation, you may be eligible for personal total disability benefits under Denver workman’s compensation. As an employee, it is important for you to know your rights.

What is Personal Total Disability

An employee that has been hurt on the job, or sustained a job-related illness, and is no longer able to work may be able to receive personal total disability benefits. This is the most extreme of workers’ compensation benefits and must go through several steps to prove the situation. Because it requires so much review, it is one of the hardest types of disability to receive.

Based on the Colorado Department of Labor and Employment’s disability and benefits, permanent total disability benefits are set on two-thirds of a person’s weekly pay. This amount is based on the existing pay during the time of the person’s accident. If approved, the amount will be paid to a person for the rest of their life.  

Common Causes

There are quite a few job responsibilities or professions that are more prone to a person receiving personal total disability benefits. Some of these include:
  • Auto accidents
  • Dangerous slips and falls
  • Equipment malfunction leading to loss of limbs
  • Respiratory issues
  • Loss of vision or hearing
  • Heart failure
Ultimately, if you have sustained an injury or illness that leaves you permanently unable to work in any profession, you have a case to discuss.

How the Process Works

In order to see if you qualify for personal total disability benefits, you will need to be thoroughly checked out by a doctor. They have an assessment to review under the insurance. If will be able to work again in a different capacity, you may instead be eligible for partial disability benefits. For partial benefits, there is a specific set of guidelines that calculate the amount. You can speak with your local attorney on how the process works and best guidelines for your individual situation. In certain situations, you may be paid a lump sum of money as opposed to weekly pay. For total disability, you will be paid weekly or bi-weekly. You can discuss with your attorney if a settlement is possible for your claim as well. There are many cases of permanent total disability benefits, as well as arguments that can be made against it. This is why it is best to know who your go-to attorney is that can help you fight for your case, so you can have the best quality of life as possible.

If you have been injured on the job or have an illness that has made it impossible for you to work, Mark A. Simon is your premier workers’ compensation attorney. With more than two decades in this profession, he is the top person for the job that will work with you to ensure you receive the benefits you deserve. Call our office today at 303-321-HURT for your free consultation.
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