Denver Workers Compensation Lawyer

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The Complexity of Workers’ Compensation Claims: Do You Need an Attorney?

The Colorado Workers’ Compensation system is built on a simple premise: employers must provide insurance to cover all injuries that occur at or in connection with work. This insurance is free to workers, and they can benefit even if the injury was their own fault. However, workers have no right to sue their employer outside of the work comp system.

In practice, this simple idea is governed by the Workers’ Compensation Act, which spans over 75 pages in the Colorado Revised Statutes, along with hundreds of pages of Workers’ Compensation Rules of Procedure, and an Administrative Court system with its own set of rules for litigating disputes between workers and their employers (and their insurers).

Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.

Despite being the beneficiary of an insurance policy, workers often find themselves at odds with their employer and their insurer, who are on the other side as Respondents. The process involves specific forms and important deadlines that must be met, which can be overwhelming for injured workers handling their claims alone. This often leads to frustration, feeling taken advantage of, and potentially jeopardizing their legal rights by not following the rules.

With over 29 years of experience specifically in handling workers’ comp claims, Boesen Law, LLC can provide the help you need. We offer a free initial consultation to guide you through the complexities of your claim.

How Do You File a Workers’ Compensation Claim?

Filing a workers’ compensation claim in Colorado involves several critical steps:

  • Report the Injury: Notify your employer as soon as possible, ideally within four days, to ensure your right to benefits.
  • Seek Medical Treatment: Visit an authorized provider designated by your employer or their insurance company. Your employer must provide a list of approved doctors.
  • Complete the Claim Form: Obtain a workers’ compensation claim form from your employer or the Colorado Division of Workers’ Compensation. Fill it out and submit it to your employer’s workers’ compensation insurance carrier.
  • Keep Detailed Records: Maintain records of all communications, treatments, and expenses related to your injury.

Boesen Law is here to assist you at every stage, ensuring that your claim is filed correctly and that you receive the benefits you deserve.

What Injuries are Covered by Workers’ Comp in Colorado?

In Colorado, workers’ compensation covers a wide range of injuries that occur in the workplace or as a result of work-related activities. These injuries include:

  • Physical Injuries: Fractures, sprains, and strains.
  • Repetitive Motion Injuries: Conditions such as carpal tunnel syndrome.
  • Occupational Illnesses: Including respiratory diseases and skin conditions.
  • Psychological Conditions: Stemming from work-related stress or trauma.

It is important to note that both sudden accidents and injuries that develop over time are covered. At Boesen Law, we ensure that our clients receive the benefits they are entitled to for any injury sustained in the course of their employment.

What Types of Benefits Can I Receive?

When you are injured at work, the workers’ compensation system in Colorado is designed to provide you with several types of benefits to help you recover and maintain financial stability. These benefits include:

  • Medical benefits: Covers all necessary and reasonable medical treatment related to the injury, including doctor visits, hospital stays, medications, surgeries, and physical therapy.
  • Temporary disability benefits: Provides partial wage replacement if you are temporarily unable to work due to your injury. This includes temporary total disability (TTD) if you cannot work at all, and temporary partial disability (TPD) if you can work in a reduced capacity.
  • Permanent disability benefits: Compensates for permanent impairments that affect your ability to work. This includes permanent partial disability (PPD) for partial impairments and permanent total disability (PTD) if you are unable to return to any form of gainful employment.
  • Vocational rehabilitation: Offers services to help you return to work, such as job training, education, and assistance with job placement if you cannot return to your previous job due to your injury.
  • Death benefits: Provides financial support to the dependents of a worker who has died as a result of a workplace injury or illness, including funeral expenses and ongoing support for the deceased worker’s family.

At Boesen Law, we are committed to ensuring that you receive all the benefits you are entitled to under Colorado law. Our expert legal team will help you navigate the challenging landscape of workers’ compensation to get you the benefits you’re entitled to.

What Are the Common Causes of Workplace Accidents?

Workplace accidents can occur in various ways, often stemming from a combination of unsafe conditions and human error. Common causes include:

  • Slips, Trips, and Falls: Resulting from wet floors, uneven surfaces, or poor lighting.
  • Machinery and Equipment Accidents: Often due to lack of proper maintenance or operator error.
  • Overexertion: From lifting, pushing, or pulling heavy objects.
  • Repetitive Motion Injuries: From tasks that involve repeated actions.
  • Workplace Violence: Physical altercations or assaults.
  • Transportation Incidents: Accidents involving vehicles or other modes of transport.

Defining Workplace Injury and Illness in Colorado

Understanding what constitutes a workplace injury or illness is key to determining your eligibility for workers’ compensation benefits in Colorado. Here’s a breakdown of what is covered:

  • Physical injuries: These include injuries such as fractures, sprains, strains, cuts, and bruises that occur as a direct result of a workplace accident or repetitive strain.
  • Repetitive motion injuries: Conditions like carpal tunnel syndrome or tendonitis that develop over time due to repetitive tasks or motions performed during work.
  • Occupational illnesses: Diseases and conditions that arise due to exposure to harmful substances or environments at work, such as respiratory diseases, skin conditions, or hearing loss.
  • Psychological conditions: Mental health issues stemming from work-related stress, trauma, or other workplace factors. This can include conditions like post-traumatic stress disorder (PTSD) resulting from a traumatic incident at work.

If you have suffered a workplace injury or illness, it is crucial to act quickly and seek legal guidance. Our team is dedicated to helping you understand your rights and will work tirelessly to secure the compensation you need to recover and move forward.

Do I Need to Contact a Workers’ Compensation Attorney Right Away?

The law says that a worker’s report of injury should be made to the employer within four days, or else some benefits might be reduced. Some employers give bad advice about this, and some even tell workers that they’re not allowed to make a claim after a few days. Contacting your employer and contacting a worker compensation attorney in Denver as quickly as possible is your best hope for getting your claim on the right track and keeping it there.

When you do have a reported claim, your employer and/or their insurer may still deny or “Contest” your claim, especially if you didn’t have any witnesses to your injury. It is important to get help to investigate your claim and organize your case as quickly as possible, especially if you need to go to a hearing before an Administrative Law Judge to make your case against a denial.

A workers’ comp claim provides medical treatment benefits, but the first choice of doctor is generally for the employer or their insurance carrier. There are exceptions to this rule, and the opportunity to change doctors, that an experienced worker compensation attorney in Denver, CO will be able to help you with.

A workers’ comp claim can provide lost wage benefits if you’re off work because of your injury, as well as benefits to compensate you for your future if you’re not medically returned to normal. Your personal injury lawyers will be able to make sure you get the maximum benefits you deserve, and also make sure that you get them on time.

Is There a Time Limit to File Workers’ Comp in Colorado?

According to Colorado Revised Statutes § 8-43-103, you must report your injury to your employer within ten days of the incident. Failing to do so can result in a reduction of your benefits. After reporting your injury, you typically have up to two years from the date of the injury or the date you became aware of the injury to file a formal claim with the Colorado Division of Workers’ Compensation. This time frame is essential to keep in mind as missing the deadline can bar you from receiving any benefits.

If you are dealing with an occupational disease, the timeframe may differ. It’s best to consult with a workers’ compensation attorney to ensure you meet all deadlines and to understand your rights fully. At Boesen Law, our team can help you file your claim on time and handle all necessary paperwork to avoid any pitfalls.

Can I Afford A Workers’ Compensation Attorney?

Even though the law does have provisions that can, in some cases, pay benefits for life, it has no provision to pay for “pain and suffering” and therefore, workers’ comp awards may not be as big as those for identical injuries addressed in a civil case. Therefore, the law puts limits on the fees attorneys may charge injured workers, and you can expect to keep a larger percentage of your award or settlement.

The attorneys at Boesen Law, LLC generally handle cases on a contingency basis. That means there is no Denver worker compensation attorneys fee charged unless benefits are achieved, and we will begin working for you without you having to pay upfront.

How Do I Get Started?

It’s as simple as filling in the contact form on our website or just giving us a call. Please gather all the information you can about your work and your injury, and we’ll discuss and evaluate your case. Boesen Law, LLC (303) 999-9999.

Our Law Office

5675 DTC Blvd., Suite 250, Greenwood Village, CO 80111
Phone: 303-999-9999

Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.

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