Colorado workers’ compensation laws allow injured employees to recover benefits to pay for their medical bills and a portion of their lost wages while they heal. But sometimes, workers with clearly valid claims struggle to get the benefits they are entitled to. If you suffered a work injury in Colorado, the team from The Wilhite Law Firm can help you.
Our personal injury attorneys can help you avoid common pitfalls that could hang up your claim, including tactics used by insurance companies to minimize payouts. If you’re already stuck in the red tape, our workers’ comp attorneys can identify the problem areas and propose solutions to get you back on the path to workers’ comp benefits.
Our law firm has 45 years of experience guiding injured Coloradans through the workers’ compensation system, helping them obtain the benefits and financial security they deserve. We’ll do everything we can to make this frustrating process as simple as possible for you. Contact us today for a free consultation with a Boulder workers’ compensation lawyer.
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What is Workers’ Compensation?
Workers’ compensation is a type of insurance coverage for workers who suffer on-the-job injuries. This insurance covers all necessary medical care and offsets part of their lost wages until they can return to work. Nearly all Colorado businesses must carry workers’ compensation insurance, regardless of the number of people they employ or the number of hours they work.
Understanding workers’ compensation law is important for handling legal issues concerning workplace injuries and ensuring you receive the benefits you deserve.
Workers’ compensation is no-fault insurance, which means an injured employee can receive benefits even if they are responsible for their injury. You do not have to prove fault to receive benefits. You must only prove that you were injured while performing duties within the course and scope of your employment. Talk with a Boulder workers’ compensation attorney today.
What Should I Do If I am Injured at Work?
Your health always comes first. Seek medical attention immediately if you suffer serious injuries. The sooner you file your workers’ comp claim, the sooner you can receive benefits and the smoother the process will likely be.
Next, follow these guidelines to help your workers’ compensation claim:
Report the injury – You must report your injury to your employer. Most companies want you to notify them of an injury as soon as possible, but you must do it in writing within four days of an accident.
Seek medical care – Unless your injury was an emergency, you likely need to choose a treating physician from your employer’s designated provider list.
File a workers’ compensation claim – Injured workers must also file a workers’ compensation claim with the Colorado Department of Labor and Employment within two years of an accident. The sooner you file, the sooner you can receive benefits and the smoother the process is likely to be.
Talk to a workers’ compensation attorney – As an injured worker, you have legal rights. An experienced workers’ compensation attorney in Boulder can protect your rights, resolve disputes, and negotiate fair compensation for your injuries.
Understand Maximum Medical Improvement (MMI) – This is the point at which your condition has stabilized and is not expected to improve further. Reaching MMI can affect the type and duration of benefits you receive.
What Types of Injuries are Covered by Workers’ Compensation?
Employers must maintain a safe work environment, but workplace accidents happen. Acute injuries often result from sudden accidents, while chronic injuries might be due to repeated strain and overexertion. Both types of injuries, along with occupational diseases, may be covered by workers’ compensation in Colorado.
Cancer or chronic illnesses related to chemical or hazardous material exposure
Generally, the only types of injuries not covered by workers’ compensation are ones that occur due to roughhousing or horseplay, ones that happen off the clock, or injuries caused by an “act of God” like a natural disaster. Contact a workers’ compensation attorney in Boulder today.
What Sort of Benefits Are Available from Workers’ Compensation?
Medical expenses – Workers’ compensation benefits cover all necessary medical costs related to your workplace accident.
Temporary Partial Disability (TPD) –TPD benefits are wage-loss benefits paid when you return to work but cannot earn your normal pay or work your regularly scheduled hours. You receive two-thirds of the difference between your pre- and post-accident weekly wages. These benefits stop when you return to work at your pre-employment wage or are given a release to return to regular work by your treating physician.
Temporary Total Disability (TTD) –TTD benefits are equal to two-thirds of your average weekly wages every two weeks. They are paid if you cannot work at all due to an injury. TTD benefits are only available if a doctor says you can’t work or a physician places restrictions on your return to work that your employer cannot reasonably accommodate.
Permanent Partial Disability (PPD) –PPD benefits may be available if your workplace injury causes the permanent loss of function of a body part or body system. The amount and duration of PPD benefits you receive depends on the nature of the injury.
Permanent Total Disability (PTD) –PTD benefits are for employees with catastrophic injuries that prevent them from working for the rest of their lives. Unlike PPD benefits, PTD benefits last for life and pay for two-thirds of the worker’s average weekly wage, up to a state maximum.
The best way to strengthen your case for workers’ compensation is to get prompt medical care and follow all treatment instructions.
What Can I Do If My Colorado Workers’ Compensation Claim Is Denied?
Not all workers’ compensation claims are approved. Denials are often the result of discrepancies in the filing process. If you delay reporting your injury, filing a claim, or lack strong evidence to support your claim, you may not receive workers’ compensation benefits.
Colorado gives you the right to appeal a denied claim, and an experienced Boulder workers’ comp lawyer from The Wilhite Law Firm can represent you through the entire process. We can review your case and pinpoint the reason for your claim’s denial. Then we’ll work to resolve the problem and pursue the full benefits you deserve.
How Do I Appeal a Workers’ Compensation Denial?
Filing a workers’ compensation appeal in Colorado is a multi-step process. First, you must file a Petition to Review within 20 days of receiving the denial. Once the Colorado Department of Labor and Employment receives your petition, they will send instructions on preparing your appeal. Generally, you will need to file a brief that states your legal arguments outlining why you deserve to receive benefits.
Insurance companies often have teams of lawyers to contest claims, making it important to have experienced legal representation on your side.
Mounting a compelling appeal can be challenging. A skilled Boulder workers’ compensation attorney can help you build a strong case, backed by evidence, showing why you are entitled to workers’ compensation benefits. Having an attorney on your side increases your chances of filing a successful appeal.
Contact a Boulder CO Workers’ Compensation Attorney
The Boulder workers’ compensation lawyers at The Wilhite Law Firm have been helping injured workers pursue the benefits they deserve for over four decades. Our firm has extensive experience handling the ins and outs of the Colorado workers’ comp system and can put that experience to work for you now. Our deep understanding of workers’ compensation law allows our attorneys to effectively advocate for your rights.
Hands down the best law firm in Colorado. I would highly recommend this law office to friends and family.
Fernanda Vargas
5 star service. They explained the process in detail and got great results. Thanks again!
Merari Hernandez
I’m so glad I reached out to Wilhite Law Firm after I was injured in a car accident. They made the process super easy. Thank you!
Carolay Rodriguez Torres
I had a great experience with Marianella. They got me the maximum out of my case! I would recommend them to anyone!
Beltrán Rodriguez
Great staff! They are always available to answer questions and concerns and care about their clients!
Edna Morán
I was extremely happy with the results that was achieved by my attorney at Wilhite Law Firm. Thanks Marianella!
Cristina Jiménez Durán
Excellent service, very grateful for the professionalism, attention throughout my process and the human quality of Mateo López.
Sebastian Tovar
I would like to thank Marianella from the Wilhite law firm for the hard work in getting a full policy limit from both insurances in my case. Highly recommend!
Alejandro
Marianella helped me get the compensation I deserved for my injuries and also made sure that I received the proper medical care I needed. Thank you!
Jorge Lopez
I had the pleasure of working with Vanessa and Marianella, who handled my case. They were very professional and great at communication.
Kristina Vasold was born in 1979 in Saginaw, Michigan. She grew up in Saginaw until her family decided to move to a little desert town in Nevada when she was in high school. She graduated high school in 1998 and started her college education at the University of Nevada, Las Vegas.
Colorado & Texas
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