Denver area Workers Comp Attorneys
Because of the nearly endless list of rules and deadlines imposed by the workers compensation system, recovering money from a workers compensation claim is a challenge. This is why Curtis Walton Law employs a team of skilled lawyers who will navigate the bureaucracy for you. That way, you can focus on things that really matter like your health and your family.
Without a lawyer, insurance companies will try to minimize your benefits and deny you the treatment you need. Our lawyers work around the clock to ensure that you receive your lost wages, benefits, and proper medical treatment now.
What Are Workers’ Compensation Benefits?
Workers' Compensation benefits are monies paid when you are injured or made sick on the job. Most employers in Colorado are legally required to insure their employees for injuries sustained at work. This insurance is typically provided through a workers' compensation insurance protection plan.
Say you are injured on the job and require $50,000 in medical care to recover. In an ideal world, filing a claim for workers’ compensation should be a straightforward process. You should receive the $50,000 you are owed, and be able to return to your normal life. Unfortunately, workers’ compensation claims are almost never this simple.
Like a claim against an auto or property-owner’s insurance, a workers’ compensation claim pits an individual against a massive insurance company that cares more about profits than people.
Insurance companies are experts at coming up with any excuse not to pay you money you deserve; and they will employ a team of lawyers to do this. These same companies will even try to deny you medical care that you may desperately need so they can pad their bottom line.
The bureaucratic nature of the workers’ compensation system makes is especially difficult for workers to get the benefits they are owed. Without a skilled workers’ compensation attorney fighting for your interests, insurance companies will do all they can to minimize or even deny your workers’ compensation claim.
What should I do if I get injured on the job?
Report Immediately: You should stop working and immediately document and report the injury to your employer. Your employer is required to file a report of your injury through the Division of Workers’ Compensation within mandated amount of days from the injury; so do not delay reporting your injuries.
Seek Medical Care: Request to see a doctor even if you feel like you may get better on your own over time. You likely won’t feel all of your injuries at the time of your accident. Small aches and pains can turn into serious medical problems later if not properly treated. Please note, it is illegal for your employer to ask that you not seek medical treatment.
Contact Curtis Walton Law: Even if your employer’s insurance company or your employer filed “an admission of responsibility” for your claim, contact your Curtis Walton attorney as soon as possible. It is in the insurance company’s best interest to pay you as little as possible. Only your lawyer can be trusted to ensure that your interests are fully represented.
What If My Accident Was My Fault?
In most instances, a worker is covered regardless of who was at-fault. If you believe that the accident was your fault, don’t delay reporting your injuries.
Why Hire An Attorney?
There is nothing stopping you from filing a worker’s compensation claim by yourself. In fact, insurance companies want you do this. Without the pressure of a skilled and knowledgeable attorney, an insurance company will do everything they can to delay and minimize the value of your claim. They do this to wear you down and pressure you into taking a fraction of your claim’s value.
Remember, insurance companies can afford to hire an army of lawyers who will do all they can to make sure that you are paid the smallest amount possible. This is why you need a skilled attorney to fight for you and your interests.
Hiring an attorney is especially important when you are facing:
Large medical bills
Loss of wages
Insurance adjusters are experts at reducing your case’s value or denying it altogether. You need us because we know the law, we know the rules, and we know insurance companies. Don’t do it alone.
How Do I File For Compensation in Colorado?
While your employer can file your workers’ compensation claim for you, they often won’t. The best way to make sure that your claim for workers’ compensation is filed and handled correctly is by hiring an attorney.
Was Your Claim Denied or Terminated Too Soon?
Often, an insurance company will deny a claim too soon or without a good reason. This is because Insurance companies know that dealing with the workers’ compensation system without an attorney is an uphill battle. They will use your lack of knowledge of the system to wear you down and make you give up.
If your claim was denied prematurely or without a good reason, don’t despair! Contact Curtis Walton Law to speak with an attorney about getting your claim reopened and the compensation you deserve.
When am I not eligible for Workers’ Compensation?
Most W2 employees are eligible for workers compensation benefits in Colorado, regardless of whether you work in the public or private sector. Some individuals, however, are not eligible, such as:
Part-time maintenance/repair workers performing less than $2000 in work for a single business in a year
Licensed real estate agents working on commissions
Independent contractors who perform specific jobs (This list is long, please contact us for details)
Federal and Railroad employees (Such employees are subject to federal workers' compensation laws instead)
To see if you are eligible for a workers’ compensation benefits, contact Curtis Walton Law now!
What Are The Types of Workers’ Compensation Benefits?
There are a wide array of workers’ compensation benefits available. You can read a brief summary of the available benefits below. To learn which benefits you are entitled to, contact Curtis Walton Law.
Colorado law requires that all medical expenses related to on-the-job accidents be paid by an employer at no cost to the worker. Employers are required to pay for all reasonable and necessary medical treatment that is connected to the injury, including; doctor visits, hospital stays, x-rays, MRIs, therapy, and medical prescriptions.
In an ideal world, all medical costs incurred by a worker due to an on-the-job injury should be paid by an employer’s insurance. Sadly, insurance companies are experts at coming up with excuses to not pay you. They will employ a team of adjusters and lawyers who will do everything they can to minimize your injuries and limit your necessary medical treatment.
To get the compensation you deserve, call Curtis Walton Law now!
Often times, a worker will be told by their doctor that they need to temporarily take time off of work in order to recover. If time off of work is ordered by a doctor, an injured worker can be eligible for two different types of temporary disability.
What is the difference between temporary total disability and temporary partial disability benefits?
Temporary Total Disability or TTD is awarded to workers whose injuries prevent them from working at all. TTD benefits currently entitle you to ⅔ of your average weekly wage with a cap of $800.00 a week and is tax free money. *Please note that limits are changed every year. The best way to stay on top of this information is to contact a workers’ compensation attorney.
Temporary Partial Disability or TPD is awarded to workers who are still able to work but in a diminished capacity. For example, suppose you are a mechanic who suffered injuries to your hands while at work. While your injuries may prevent you from doing your regular job, you could still help to check the work of other employees or assist customers in an office. Sometimes employers offer a limited job within a doctor’s restrictions, a worker can be paid ⅔ of the difference between a post-injury wage and a pre-injury wage. Like with TTD, PTD benefits change every year, and the best way to stay on top of this information is to contact an attorney.
Sometimes a worker will find that their healing has plateaued. In the event that this happens, a doctor will determine that a worker has reached Maximum Medical Improvement or MMI. This happens when a doctor determines that a worker’s injuries won’t be improved by future medical care. When this happens, a worker is eligible for permanent disability benefits. Like with temporary disability benefits, permanent disability benefits can be partial or total. Which of these benefits a worker receives is largely determined by a doctor. The time period and amount of the monthly permanent disability payments paid to a worker is determined by state guidelines.
Permanent Partial Disability or PPD benefits are awarded to workers whose injuries will permanently affect the nature or quality of their work. When a doctor determines maximum medical improvement or MMI, they will use the American Medical Association’s Guides to the Evaluation of Permanent Impairment to assign impairment ratings. A doctor will examine each part of the body affected by the injury and will assign a rating based on its level of impairment. Depending on the severity of the injuries, a worker can be eligible for up to $150,000 in PPD benefits.
Permanent Total Disability or PTD benefits are awarded to workers whose injuries are so severe that they prevent a person from working in any capacity. An awarding of PTD benefits is rare, and determining the amount of PTD benefits is extremely complicated. In order to determine PTD benefits, an Administrative Law Judge will weigh a worker’s experience, education, and the labor market itself. PTD benefits can be paid in weekly, in a lump sum, or in some combination of the two.
If a worker’s injuries leaves them with scars or any other disfigurement that can be viewed in public if wearing a bathing suit, then they are entitled to disfigurement benefits. Like with PTD benefits, disfigurement benefits are determined by an Administrative Law Judge. As of July 1, 2007, those benefits were capped at $8,000. That said, this cap changes annually.
In the event that a loved one dies in a work related accident, a worker’s family is entitled to death benefits. Often, these benefits will pay ⅔ of the worker’s weekly wage. The duration of these benefits varies.
A spouse will receive death benefits for the rest of their life, or until they remarry.
Children will receive death benefits until they turn 18 or 21 if they are in school.
Other survivors such as parents, grandparents, siblings, or children over 18 or 21 can receive benefits for life equal to the amount they were dependent for from worker at the time of the worker’s death.
Finally, in the event of a work related death, employers are required to pay up to $7,000 in burial and funeral expenses along with any related medical bills.
To learn more about which benefits you or your loved ones may be entitled to, contact Curtis Walton Law today!