Denver Personal Injury News

Safety Tips to Avoid Workplace Injuries From Your Denver Workers' Compensation Attorney

May 16, 2018

Getting injured in the workplace is never something that a person wants to happen. Not only is the possibility of this event permanently altering a person’s long-term health a daunting prospect, but it also has the ability to severely impact a person’s ability to continue working and earning the money they need to support themselves and their family. If at all possible, a person should do whatever they can to avoid this event from taking place, as it will negatively impact their livelihood in many facets. As a result, here are a number of strategies a person can implement in order to avoid workplace injuries from occurring from your local Denver workers’ compensation attorney. 

Immediately and Consistently Reduce Wetness in Slippery Areas

One of the most common workplace injuries that take place are slips and falls. According to OSHA, slips and falls account for approximately 15% of all workplace deaths that occur while on the job and are extremely costly to employers and employees as a result. This fact should stress upon individuals and employers the importance of reducing dangerous and slippery conditions whenever possible. If you are in a workplace that commonly includes slippery and wet surfaces, implement a policy of consistently wiping down and drying surfaces to reduce the likelihood that you or your coworkers will become injured on the job.
If someone spills something on the ground, immediately clean it up. Even if you spot a spill that you didn’t help to create, find a towel, rag, or mop and eliminate the slippery surface as soon as possible. Creating a workplace environment where everyone looks out for everyone else will help to reduce the potential for workplace slips and falls. While this area is still slightly wet or slippery, place warning signs in the general vicinity to reduce the potential for someone to become injured from this environment. 
If at all possible, it is also a good idea to include strategically placed mats and platforms throughout your workplace as a way to reduce the effects of moisture. If slips and falls are an especially common occurrence in your workplace, having employees wear protective waterproof footwear can be another additional step to take to reduce the potential for slips and falls.

Report All Unsafe Working Conditions Immediately

It is common for individuals to see something that is out of the normal or unsafe and look past it, as it is not their responsibility or job description. This aspect of human behavior can become a serious liability, one that increases the potential for workplace injuries to occur. Creating and fostering a workplace environment that encourages employees to report unsafe working conditions will dramatically reduce the likelihood that someone will become injured as a result of these factors. 
Encouraging employees to consistently clean up after themselves, whether it is a spill or excessive debris in an area, will improve the overall safety conditions for the workplace. Having regular safety meetings to stress these elements will also help you and your employees consistently keep the workplace safe. Constant reminders are sometimes necessary in order to drill in the idea that workplace safety is something everyone should place a high amount of value upon. 
In addition to having employees report unsafe working conditions, it is incumbent upon supervisors and people in a position of power to hold themselves accountable and to be responsive to requests to improve the overall safety of the workplace. It is a good thing to keep in mind that while this can sometimes include an additional upfront cost, in the long run it will go a long way towards dramatically reducing workplace injuries, and as a result, reduce lost workplace productivity that results from an injured workforce.

Provide Proper Lighting Within the Workplace

Improper or inadequate lighting within the workplace is another common element that can lead to workplace injuries. A poorly lit workplace environment is likely to lead to trips and falls, as employees will not be able to adequately see all obstacles within their line of sight when the lighting is poor. As a result, you can certainly expect a poorly lit workplace to have a plethora of workplace injuries, which is definitely not the desired outcome for any employer.
In regards to workplace injuries, slips and falls are second only to vehicle-related accidents as a cause of workplace fatalities, which further stresses the importance of having your workplace properly lit. Common areas where your workplace is likely to be poorly lit include stairways, parking lots, and warehouses. Consistently work with your facility manager to ensure that all elements of the workplace environment are properly lit.

Immediately Address Environmental Risks

A very common safety risk can be weather-related environmental hazards. In the winter time, the likelihood that workplace slips and falls will occur increases dramatically, as the presence of snow and ice can lead to unsafe walking conditions. If it is snowing outside, immediately have your walkways and parking lots cleared as soon as possible to reduce the possibility that one of your employees will slip and injure themselves as a result of this factor. 
If possible, have someone in your workforce assigned to this task, assuming you aren’t hiring this responsibility out to a third party. Even if you do have a snow removal service, they often aren’t as responsive as you need them to be, meaning you may want to assign the task regardless of this fact.
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 workers’ compensation 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.

Signs You Need to Hire a Denver Personal Injury Attorney After a Car Accident

April 18, 2018

When you’re injured in an car accident, getting the money you need to pay for medical treatments from the other driver’s insurance company is always a priority. However, not all accidents result in a fast payout and some can leave you struggling with your claim for months on end. Hiring a Denver auto accident attorney to help you negotiate your settlement and navigate the legal system can help streamline the process. But how do you know if it’s time to hire a professional? What situations can you handle on your own and which ones require a more experienced hand? Here are a few signs it’s time to call a personal injury attorney.

Your Injuries Are Severe

There’s a huge difference in the cost of medical care for minor accidents versus severe injuries. If you’ve sustained severe injuries as a result of a car accident and the other driver was at fault, you’ll want to hire an experienced attorney. These injuries can impact your ability to work, keep you from living life the way you’ve been accustomed to, and keep you from doing the things you love. As the injured party, you’re entitled to seek compensation for both the cost of the medical treatment and the time spent away from your career while you recover.

Your Auto Insurance Policy Has Small Coverage Limits

When you purchase car insurance, you’ll need to pick the appropriate coverage limits for your needs. However, what you thought was necessary when you first bought the policy may not be enough to cover the full cost of repairs or medical treatment, even when supplemented by the other driver’s insurance payout and your health insurance policy. If this is the case, you’ll need help negotiating the balance with the other party or parties involved.

In the event that the other driver only has the minimum required liability coverage for their auto insurance policy, that coverage will not be enough to offset the cost of your recovery. Without the help of an attorney, pursuing additional money from the other driver may be impossible. Hiring an experienced attorney gives you the leg-up you need in increasing the total settlement package.

You’ve Never Filed an Insurance Claim Before

Filing a claim with your insurance company requires filling out a lot of paperwork which can quickly become confusing if you’ve never filed a claim before. On top of healing from your injuries, you’re expected to accurately enter all relevant information to provide the insurance companies with the details of the accident. Hiring an attorney, especially if the accident was the first one in your driving history, will help ensure that all forms are filled out correctly. If you’re not having to go back and forth with the insurance companies to correct the information, you’ll be able to reach a settlement more quickly and get your life back to normal.

The Other Driver Has No Insurance

Uninsured drivers are troublesome for everyone involved in the accident and the settlement. When an insured driver hits you, their insurance company will be responsible for the bulk of the settlement. However, with an uninsured driver, there is no insurance company to work with. You’ll need an experienced legal professional to help you reach a settlement with the driver personally. This often means lengthy court proceedings that your insurance company is not equipped to help you with. Attorneys are trained in how to help you get the best settlement possible while reducing the amount of time spent in the courtroom.

The Initial Claims You Filed Were Denied

Unfortunately, the insurance industry does not always treat injured victims fairly. As a result, it’s not uncommon for part or all of your claims to be denied, leaving you to pay for the cost of your treatment, vehicle repairs, and all other expenses out-of-pocket. If your claims were denied, you’ll need someone to help you fight the decision. An experienced attorney will work to negotiate a settlement with the insurance companies so you can focus on your recovery rather than your budget.

You Put a Lot of Money Into a Custom Vehicle

Insurance companies love to avoid payments whenever possible. They often look for ways to decrease the settlement or undervalue your vehicle, the damage, or the cost of repairs. This means if your vehicle was a customized, the companies may look to reduce the amount you receive to the standard market value of the vehicle without any of the custom additions. Working with an attorney who is experienced in representing auto accident victims will help you get the full amount of the settlement you’re entitled to. Remember, an attorney is there to represent your interests, not the insurance company.

You’ve Been Permanently Disabled By the Accident

Severe auto accidents can change everything about your life. If you’ve been diagnosed with injuries that leave you permanently disabled, it’s important to hire an attorney who will look out for your best interests. Insurance companies often are unequipped to accurately assess the full extent to which your injuries will impact your life, career, earning potential, and savings. Attorneys experienced in representing auto accident victims understand how permanent disability can shape your future. They’ll make sure the insurance companies understand just how your life is impacted so you can get a more equitable settlement with these changes in mind.

Fault is Not Clear

Accidents are stressful even when it’s clear who is at fault for the collision. If there are multiple parties involved, it can be difficult to tell precisely who was at fault and who is the injured party. If you were involved in a multi-car accident and it’s unclear who caused the collision, contact an attorney rather than trying to settle things on your own. An experienced personal injury attorney will be able to better protect you against counterclaims should the other parties decide you’re partially at fault.

Auto accidents and personal injury settlements can be confusing, especially if you’re not sure how to handle the court proceedings or negotiations with the other party’s insurance provider. If you’ve been injured in a car accident, let Mark A. Simon help you get the settlement you deserve so you can move on with your recovery. As an experienced personal injury attorney, he’ll work to make sure you get the money you need to cover your bills and your recovery. Call (303) 321-4878 to schedule a free consultation today.

Techniques to Reduce Car Accidents from Your Denver Auto Accident Attorney

April 4, 2018

Car accidents are one of the most common ways that an individual can get injured in modern society. Automobiles come with many inherent risks which makes the activity of traveling in your car or truck something you should not take lightly. Because cars are so prevalent in our world, we often overlook the aspect that they are one of the leading causes of death and permanent injury. As a result, it is incredibly important to practice habits that encourage safety and reduce the possibility of you or your family getting into a serious accident. With that in mind, here are some helpful tips for making your ride safer from your Denver auto accident attorney.

Stay off your Phone

One of the biggest distractions present in modern society is the cell phone. This fact has been accentuated with the rise in smartphone technology, which turns your phone into a mobile computer capable of completing almost any desired tasks. The sight of someone on their cell phone is an unsettling sight, as they are more focused on texting or surfing the web than they are on the road.

Beyond the aspect of texting while driving, simply talking on the phone can be a distraction that can lead to accidents if one is not careful. For this reason, it is important to stay off the phone unless it is urgent to speak with someone. If you absolutely need to talk to someone while driving, opt for the hands-free option and make your phone call as quick and brief as you possibly can.

Drive Defensively

This is one of the biggest things that is taught during drivers education class, but is something that drivers often forget as they become further removed from the classroom. Often, the biggest risk to a driver are other drivers on the road. You may feel supremely confident in your ability to drive safely and without any incident, but if you aren’t aware of the other drivers on the road it can lead to an accident.

Assume that all of the drivers around you are distracted and incompetent in their ability to navigate the roads. Your ability to avoid accidents will be greatly improved by practicing defensive driving, as you will always be on guard for the inevitability that someone driving nearby will make a mistake. Maintain at least a 2 second cushion between you and the car in front of you, and increase this if there is poor weather conditions.

Practice Safety and Plan Ahead

Often times during the course of driving, we need to reach for something, such as our water, directions, or other items that can take our attention off the road. This small moment of distraction can lead to a big problem if the car in front of us stops abruptly, as it can lead to a fender bender. Because of this, it is important to have all of your necessary items in a place that is easily accessible prior to hitting the road. This will eliminate the need to grab for something that is out of reach and reducing a dangerous distraction in the process.

If items fall to the floor, wait until your vehicle comes to a stop before attempting to pick them up. This will greatly reduce your distractedness and will keep your eyes on the road. Prior to driving off, it is also a very good idea to secure all cargo that could move around in your car while you are driving. The last thing you want to have happen is to have your cargo shuffle while driving, which can not only create a distraction but can be hazardous to people in your car and can damage the cargo itself. Reduce this risk by securing your cargo prior to taking off.

Keep your Eyes on the Road and Practice Good Safety Routines

One of the biggest causes of accidents is when a person takes their eyes off the road. This can be caused due to looking at one’s phone or simply getting distracted by something to the side of the road. While the attraction of looking at interesting things going on outside of your car can be alluring, it is certainly not worth the risk that can accompany such a view. Remain attentive to the road ahead and you will dramatically reduce the possibility of accidents.

Another critical component to safe driving is to practice safe routines every time you enter your vehicle. Buckle your seatbelt to reduce the harm of any potential accident. Adjust your seat and mirrors to ensure that your driving experience is optimal. You don’t want to have to adjust your seat or mirrors while you are driving, as this can create an unnecessary hazard to you and others on the road.

It is also important to regularly check certain essential features on your car, such as making sure that your vehicle’s lights are working and that all of your fluids are full prior to hitting the road. Another overlooked component of safe driving practices is to inform individuals of your driving itinerary if you are going on a long trip. Often while driving long distances, you will be in an area that may be out of cell service and in areas that are desolate. In these instances, informing others of your driving plans can be crucial in the unfortunate event that you crash or need emergency services.

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 auto injury 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 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.

Denver Trends to Look for in Workers Compensation

March 21, 2018

The trends in workers compensation are always changing and evolving. Whether it be technological advances, changes in laws or policies, or particular events that necessitate the industry make a significant change in one direction or another, it is important to stay current with the latest trends. For 2018, here are some trends to be on the lookout for in Denver workers compensation issues.

Judicial Rulings

One of the biggest ways in which workers compensation cases are affected each and every year is through the courts system. Judges make determinations in cases on a regular basis which establish a precedent for other cases These scenarios can seriously impact the way in which other cases are rule on, as interpretations can either expand or restrict workers compensation benefits.

Many times, this happens at the state and local level. For instance, a case in Alabama in 2017 declared that the entire workers’ compensation statutes were unconstitutional. Eventually, this particular case was settled in the appeals court, but this situation illustrates the fact that a single case can have massive implications for the rest of the industry.

In 2018, we can expect further constitutional challenges in regards to workers compensation cases, as this is a significant and effective way to achieve reform within the field. It is not something that will go unchallenged in other courts, but is something to be acutely aware of.

State-by-State Variations

In workers compensation cases in 2018, we can expect to see a cases and trends to vary greatly on a state-by-state basis. Even if people are working for the same company and in the exact same position, each individual case can vary vastly depending on the particular laws and regulations in each state.

This inconsistency can apply to many facets of the industry, whether on an administrative level or due to significant differences in each state’s law. The major differences that exist between each individual state may be addressed at a federal level, as we may see guidelines that establish a more consistent structure from which to work.

The Continued Impact of Natural Disasters

In 2017, the United States and its territories say an incredible amount of natural disasters which have played a huge role in the workers compensation system. Hurricanes hit Texas, Florida, and Puerto Rico, creating immense amounts of damage that has been hard to deal with on many fronts.

These disasters can also play a major part in the workers compensation system, as the workforce may be disrupted and the delivery of benefits can be impacted or also disrupted. Whether it is a natural disaster or otherwise, these major events can create serious ripple effects that reach all aspects of society, and workers compensation is not immune from this either.

Cyber Threats

The rise of cyber security threats is something that we can expect to see as a serious trend in 2018 in all sectors of the economy. The threat of a cyber attack is a very real prospect for all industries, and the workers compensation industry is no different. The issues that affected other major companies, such as equifax, raises awareness about the need for adequate and appropriate cyber security measures.

When personal data is compromised, it can be a serious headache for a consumer or individual to deal with, as their identity can be stolen and other serious security issues can arise as a result of certain information being given to the wrong hands. In 2017, there were cases where hospitals and hotel computer systems were shut down using ransomware, and monetary demands were made in exchange for these systems going back online.

These cases highlight how important it is for companies and individuals to take every possible precaution in order to secure data and make sure personal information does not end up in the hands of criminals. In  2018, we can expect to see an increase in the amount of security protocols that companies and industries take in order to secure its data, and this should also apply to the field of workers compensation.

Increases and Changes within the Medical Field Affecting Workers Compensation

In 2018, expect to see a rise in the use of new medical technology that is applied in regards to medical treatment for a workers compensation case. Medical technology is constantly evolving and advancing, and one of the major components of workers compensation cases is the medical treatment a person receives as part of the recovery process.

Many innovations are on the horizon that have the potential to significantly alter the medical landscape. Things such as wearable technology are on the rise, not just in the entertainment field but also in regards to the medical field. Expect to see wearable technology usage increase, especially as a way for employers to gather data and increase its injury prevention strategies.

Stem cell therapy is another medical advancement that we can expect to see more of as the year progresses. Though this treatment is still relatively new and somewhat experimental, expect to see the possibility of this modality being used with regards to a workers compensation case. As this treatment procedure becomes more mainstream, it is entirely feasible that this will eventually be offered as a legitimate alternative to surgery and other more invasive procedures. As of now, the amount this treatment is used will likely be determined by the insurance companies, which are still hesitant to cover this as a part of their coverage.

It is critical to understand the workers compensation claims process, as you do not want to sabotage your ability to achieve the maximum payout you deserve. 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.

What to Know About Insurance Companies Regarding Personal Injury Cases from a Denver Personal Injury Attorney

March 8, 2018

You’ve just been injured in a serious accident, whether on the job or in your personal time. The physical and mental pain can be intense and difficult to handle, but can also be compounded by the stress that accompanies such an incident. You will want to know how your medical costs and lost work productivity will be handled, as such cases can seriously disrupt your ability to earn a living for a significant period of time. As a result, you will be dealing with insurance companies. Here are a few of the important things to be aware of from a Denver personal injury attorney.

The Beginning of a Personal Injury Claim Process

After the dust has settled and you are able to begin the personal injury claim process, you will start by reporting your injury and beginning the claims process with the at-fault party’s insurance company. If the situation was one in which the at-fault party did not have insurance or their coverage was not sufficient, you will also need to file a claim with your own insurance carrier. The process will end when you decide to accept a final settlement from the insurance claims adjuster.

Filing a claim with the appropriate insurance company is the first step in any injury claims process. Often, you are able to file this claim over the phone with one of the company’s representatives. The sooner you file the claim the better, as many insurance companies require a person to file their claim within 24 hours of an accident.

When filing a personal injury claim, it is important to keep in mind that the process should be viewed as an ongoing negotiation. As a result, it is crucial to advocate for yourself at every step of the way, which means arguing for the highest possible settlement throughout the entire process. By starting a higher figure, the claims adjuster will be more likely to negotiate a number that will give you the biggest payout, as opposed to starting for less and having that figure negotiated down below an ideal amount.

Receiving a Reservation of Rights Letter

After you file your personal injury claim with the insurance company, you will eventually get a reservation of rights letter from the carrier. This letter will inform you that the insurance company intends to investigate the claim and will discuss this process with you. This is all standard procedure within a personal injury claim and should not be alarming to you.

However, by sending you this letter, they are not admitting that they are at fault or are liable for covering any of your medical costs. This letter is to inform you that the claims process has started and that they will be in communication with you regarding the ongoing process.

After you receive this letter, you send a demand letter to the at-fault party’s insurance carrier. This letter will essentially list the basic factual information regarding your case, including the extent of the injuries you sustained. This letter should include any medical bills that you have received, and listing these facts in an itemized format will greatly benefit your case. The more information you can provide to strengthen your claims case, the better. This includes listing out of pocket costs as well as lost income.

The Insurance Company’s Response

Once you’ve sent the insurance company a demand letter, you will eventually receive a response through the claims adjuster. You may receive this response over the phone or in the form of a letter. This is when the negotiation process begins in earnest.

Almost without fail, you can expect a claims adjuster to offer you less than what you are asking for. They may use a variety of negotiation tactics to convince you to accept an offer that is less than acceptable to you. They may say things such as it being a one-time offer, and may also state that your claim is too high because this is the maximum amount allowed by the insurance carrier.

A low settlement offer is all part of the negotiation process, and it’s important to not get too stressed about this aspect. Insurance companies are trying to maximize profits and reduce their costs, and this always includes starting the process with a lower offer. If you understand that this is a part of the negotiation process, you will be able to confidently reject this offer and make a counteroffer.

Making a Counteroffer

In the process of receiving an adequate settlement to your personal injury claim, you will eventually need to make a counteroffer. This is done by writing the adjuster and informing them that their first offer is not adequate and that you are formally rejecting the offer. You will want to explain in detail why you are rejecting the claim and you will want to restate why you feel your case warrants a higher offer.

After you’ve made a counteroffer, you will await the response of the insurance claims adjuster. At this stage, patience is definitely essential. The adjuster may take much longer to respond to your counteroffer, and calling them to demand a response prior to their second offer can be detrimental to your case.

Before receiving an offer that you are willing to accept, you may receive may counteroffers before you receive one that is sufficient. It is important to continue to defend yourself consistently throughout this process, always keeping in mind to restate the strong case that you have in defense of a higher offer.

It is critical to understand the injury claims process, as you do not want to sabotage your ability to achieve the maximum payout you deserve. Because of this, it is important to seek out the services of a qualified personal injury 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.