Worker’s Compensation Lawyer in Aurora

An accident while on the job can cause injuries that impact your life immediately and indefinitely. Regrettably, there are countless instances where people are hurt in accidents while working and left with painful injuries that prevent them from working while they heal. If this happens to you, it is essential that you know that you do not have to go through this alone.

Our Aurora workers’ compensation lawyer at The Wilhite Law Firm can guide you through the process of getting the benefits you deserve. Whether you’re facing resistance from your employer or an insurance company, we can help you fight for your rights. Call us today at 303-268-4063 or contact us online for a consultation.

How an Aurora Workers Compensation Lawyer Can Help You

Workers’ compensation laws exist to help employees who suffer injuries at work. Unfortunately, the process of getting benefits is not always simple. Insurance companies often try to pay out as little as possible, and employers may not always cooperate. That’s where an Aurora workers’ compensation lawyer comes in. We know the laws and will demand that your claim is taken seriously.

We’ll pursue the benefits you’re entitled to under the law and see to it that your right to claim them are protected. We won’t let the insurance company bully you.

What Benefits Are Available Under Workers’ Compensation?

If you’ve been injured on the job, you may be entitled to workers’ compensation benefits. A work injury lawyer from our firm can review your case and explain what benefits apply to your situation. Under Colorado law, workers’ comp benefits can include:

Medical Treatment

Workers’ compensation covers necessary medical care related to your injury, including doctor visits, hospital stays, surgeries, medications, and physical therapy. It also includes long-term treatment for chronic conditions caused by workplace accidents. Getting the right medical care is crucial for recovery and proving the extent of your injury.

Lost Wages

If your injury prevents you from working, you may receive partial wage replacement. This helps cover lost income so you can focus on healing without worrying about how to pay your bills. If you are temporarily (TTD) or permanently totally disabled (PTD), the benefits are two-thirds of your pre-injury average weekly wage.

If you are able to return to work with reduced hours or at a reduced rate of pay while you continue to heal from your injuries, you could be entitled to temporary partial disability. TPD benefits pay a portion of the difference between what you earned before your injury and what your current wages are.

Permanent Disability

Some injuries cause permanent impairments to a worker’s body parts or a system of the body. These injuries don’t necessarily keep the worker from performing their job. Workers’ compensation provides benefits for permanent impairment.

Common Workplace Injuries in Aurora

Workplace injuries can happen in any industry. Some of the most common injuries we see include:

• Slip and fall accidents
• Repetitive strain injuries
• Back and neck injuries
• Construction site accidents
• Exposure to toxic substances
• Machinery-related injuries

No matter what type of injury you have, a workers’ compensation attorney in Aurora can help you file a claim and get the benefits you need.

Employer Liability for Work Injuries

Workers’ compensation is an exclusive remedy. That means that, in exchange for access to medical and wage loss benefits without having to prove that someone was at fault for your injuries, you cannot sue your employer for your work-related injury.

However, in some cases, an employer’s negligence contributes to a workplace injury. Employers must follow workplace safety laws and provide a safe environment for their employees. If they fail to do so, it may be possible for you to sue your employer instead of accepting workers’ compensation benefits. Suing your employer can result in compensation for some losses that are not covered by workers’ comp.

You might be able to sue your employer if:

• The employer violated OSHA workplace injury regulations
• Unsafe working conditions were ignored
• Proper training or safety equipment was not provided

If you believe your employer’s negligence played a role in your injury, a workplace injury lawyer can help you understand your options.

How to File a Work-Related Injury Claim

The first step in filing a workers’ comp claim is to report the injury in writing to your employer within ten days. Next, seek medical attention. Then, file a claim with your employer’s workers’ compensation insurance within two years of your injury. Be sure to keep records of medical visits, lost income, and all communication with your employer, as this documentation can be crucial if any issues arise.

If your claim is denied or delayed, consult an attorney who can help you fight for the compensation you deserve.

Workers’ Compensation vs. Personal Injury Claims

After an accident while on the job, you can also file a personal injury claim in some cases. Understanding the difference between workers’ compensation and these third-party claims can help you recover the maximum financial compensation after being hurt. Although both provide compensation for injuries, they do have a few different requirements.

When a Third-Party Lawsuit May Be an Option

If a third party, such as a contractor, equipment manufacturer, or another company, was responsible for the accident, you may have the right to file a personal injury lawsuit against that party. This can allow you to seek additional compensation beyond what workers’ comp provides.

Differences in Compensation Between the Two Claims

Workers’ compensation provides benefits for medical expenses, partial lost wages, and disability but does not cover pain and suffering. In contrast, personal injury claims allow injured individuals to seek full lost wages, medical costs, and money for intangible losses like pain and suffering. A personal injury claim can result in a larger financial recovery, but it requires proving that another party was negligent.

How to Determine the Best Legal Route for Your Case

If your employer or a coworker caused the accident, workers’ compensation is typically your only option. A personal injury claim might be worth pursuing if another party was responsible. You can file both kinds of cases at the same time.

Reasons Workers’ Compensation Claims Get Denied

Filing a workers’ compensation claim doesn’t always guarantee benefits. There are several reasons why you may receive a denial for your claim.

• Missed Deadlines or Incomplete Paperwork – Workers’ compensation claims must be filed within strict time limits. Failing to report your injury or submit paperwork on time can result in an automatic denial.
• Disputes Over Whether the Injury Was Work-Related – Insurance companies may deny a claim if they believe the injury didn’t happen at work or wasn’t related to your job duties. This is especially common with injuries that develop over time, such as repetitive stress injuries.
• Allegations of Pre-Existing Conditions – If you have a history of similar injuries, the insurance company might argue your job didn’t cause your condition. While pre-existing conditions don’t automatically disqualify you, you’ll need medical evidence showing that your work made the condition worse.
• Lack of Medical Evidence Supporting the Claim – Insurance companies often deny claims if there isn’t enough medical documentation to prove the injury’s severity. Failing to see a doctor right away or not following prescribed treatments can weaken your case.

When to Call a Workplace Accident Attorney

The best way to get all the workers’ compensation benefits you’re owed is to engage an attorney right after you get hurt. However, if you don’t hire one right away, it may be time to contact a workplace accident attorney when you experience any of these:

• Claim Denied – If your claim gets denied, it doesn’t mean you’re out of options. Insurance companies often reject claims to save money, even when the injury is valid. A lawyer can help you appeal the decision and fight for the benefits you deserve.
• Employer Pressure – Some employers discourage workers from filing a claim by making threats or offering under-the-table deals. This is illegal. You shouldn’t have to choose between your health and your job.
• Long-Term Injury – When an injury causes permanent harm, you may need extended medical care and financial support. Insurance companies often try to settle these cases quickly and for less than they’re worth.

A workers’ comp lawyer in Aurora can review your case, guide you through the legal process, and take action to help you get the support you need.

Workers’ Compensation Settlements

Some cases end in a workers’ compensation settlement rather than ongoing benefits. A settlement is usually a lump sum payment that resolves your claim. While this may seem like a quick way to get compensation, it’s important to have an attorney review any settlement offer. Insurance companies often try to settle for less than what an injured worker truly needs. A workers’ compensation law firm in Aurora can negotiate on your behalf and demand a fair settlement.

Get a Free Consultation with a Work Injury Lawyer

If you’ve been injured at work, you need someone who will stand up for your rights. At The Wilhite Law Firm, our team is here to help you through every step of the process. We offer a free consultation with our work injury lawyer so you can get answers to your questions without any risk.

Call us today at 303-268-4063 to speak with an Aurora workers compensation attorney who is ready to fight for you. Let us help you get the compensation you deserve.