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Denver Personal Injury Law Blog

What if I want to reopen my workers' compensation case?

Coloradans who are injured on the job have the right to seek workers' compensation benefits. If their claim is approved, the worker will get the benefits they need, which can include the wages that were lost while they were unable to work and compensation for medical care. It is important to remember that not all cases are the same. In some cases, the claim might have been closed, but the person finds that medical care and disability benefits are still needed.

For those in this situation, it is important to know what the law says and how they can succeed in getting their workers' compensation case reopened. They have the right to file a petition to have their claim reopened. This will be done through the insurance company. The insurer can refuse to reopen the claim. If this happens, the worker can contact the Office of Administrative Courts to file for a hearing.

Fatal head-on DWI accident results in arrest

In Denver and throughout Colorado, drivers still choose to get behind the wheel after drinking or using drugs. This happens despite the known dangers and legal ramifications for doing so. Since drivers under the influence do not have the reaction time nor the judgment that people who are sober do, there can be accidents. Many of these accidents result in serious injuries and fatalities. People who have been injured or lost a loved one in a DWI crash should know how to pursue compensation in a legal filing.

A head-on car accident led to the death of one driver and the arrest of the other. Law enforcement was called after there were reports of a vehicle being driven recklessly, running over bushes and hitting curbs. Police looked for the driver in the reported area. An officer saw the vehicle heading in the wrong direction and driving very fast, before it collided with another vehicle. The other driver was taken to the hospital and died. The alleged DWI driver was also taken to the hospital. He was released and brought to the jail. He is now facing a slew of charges for the incident.

How to treat social media during a workers' comp case

Social media continues to be an ever-present force in Coloradans' lives. The number of adults in the United States who use Instagram, Twitter and Pinterest increased in 2018 over the previous year. 

While a little social media use can be harmless fun, it can impact you in real life, especially if you have to deal with a workers' comp claim. Insurance agencies will use whatever evidence they can to pay out less. Your injuries may be real, but you may hurt your case if you do any of the following while your claim is open.

Drowsy driving can lead to accidents

There are many factors that can increase the risk of a car crash. In addition to widely-covered issues such as road rage and phone use, drowsiness plays a major role in causing a large portion of accidents.

Knowing the signs of dangerous levels of drowsiness can help you avoid getting behind the wheel in a state of reduced ability to drive safely.

Police officer injured on the job in crash with drunk driver

In Colorado, any employment can be dangerous and result in a worker being injured on the job. While those in sedentary and so-called "safe" jobs can be hurt in incidents and accidents, there are certain occupations that are riskier than others. Law enforcement is one. When an officer is out on patrol, investigating various incidents and serving the public, accidents and injuries can occur. While an officer is generally tasked with investigating drivers who are under the influence, they can also be injured in a crash with a drunk driver just as anyone else can. Even if the injuries are initially believed to be minor, that does not mean problems will not arise and lead to the officer needing treatment and being unable to perform the necessary duties. This is when it is wise to think about workers' compensation benefits.

A 24-year-old man was arrested after crossing over the center line on the road and having a head-on collision with a police cruiser. He is also accused of resisting arrest. According to the investigation, the officer was heading east at around 1:30 a.m. when a Honda that had been going west turned toward the cruiser. There was a vehicle in front of the cruiser and it swerved to avoid the car heading in its direction. The officer turned on the overhead lights and slowed down, but the vehicle hit the police car.

Beware: A car crash can paralyze you

No one need tell you that winter driving in Colorado can be a bear at best. Snow-packed streets and roads and icy curves and intersections make driving hazardous, and unfortunately, the number of traffic accidents rises precipitously. The grievous injuries you could suffer should you become the victim of one include paralysis of part or virtually all of your body.

If you injure your neck or back as a result of your car crash, both your ability to move and your ability to feel sensation in your body could be severely compromised. To understand the catastrophic paralytic consequences of a neck or back injury, you must first understand how your spinal cord works.

Drunk driving accident seriously injures motorcyclist

In Denver and across Colorado, it is important that drivers of conventional vehicles and motorcyclists share the road as vigilantly as possible to make certain of everyone's safety. Given their vulnerability, a motorcyclist can suffer serious injuries in any crash. These incidents are made worse when it is a drunk driving accident. It is exponentially worse if the driver did not have proper insurance. Drivers who are under the influence will be lacking in judgment and reaction time, leaving them little opportunity to stop when they come across a motorcyclist. For the rider, having legal assistance is crucial to pursue compensation in a legal filing.

A crash between an apparent drunk driver and a 19-year-old motorcyclist caused severe injuries to the rider. The rider and friends were out for a ride when a sedan went into the injured man's path. Upon investigation, law enforcement found that the 41-year-old driver of the sedan showed evidence of being under the influence. The motorcyclist flew on top of the car and the driver continued driving. The motorcyclist was wearing full protective gear and a helmet. He was taken to the hospital with brain trauma. He also has other injuries. The driver was arrested for DWI, driving without insurance, failure to yield, and vehicular assault.

Longer work hours can take a physical toll

Whether you work in an industry that traditionally comes with long hours, such as trucking, or you have made a habit of regularly picking up overtime, you could be putting your health and safety, as well as that of others, at risk. You and other Colorado residents who put in long hours may enjoy the extra income, but there are some important things you should know about working longer than 40 hours per week.

Long workdays over an extended period of time come with numerous health risks, cautions Healthline. In addition to making you tired, the stress of doing your job for more than eight hours a day or 40 hours a week causes your body to produce the hormone cortisol, which over time can wreak havoc on your system. Medical studies have shown that chronic overtime hours can result in the following health complications:

  • A higher risk of suffering from anxiety and depression
  • Sleep disruption and daytime fatigue
  • Repetitive motion disorders and neck and back pain
  • An increased likelihood of developing obesity, type 2 diabetes, stroke, heart disease or cancer
  • Strain on personal relationships

What is the workers' compensation law for notifying employers?

Colorado workers who are injured in a workplace accident will have many concerns in the aftermath of the incident. While their primary concern should be getting medical treatment as quickly as possible and seeking to get better, they must remember that there are certain reporting requirements to ensure they get their workers' compensation benefits. Failure to adhere to the law can negatively impact a workers' compensation case and prevent the worker from getting the maximum benefits in a timely fashion. When there is a problem with anything related to workers' compensation, having legal help is imperative.

When an employee is injured, the employer must be notified in writing that it occurred within four days. If an employee cannot do so physically or mentally, then there are others - the manager, a person in charge, a superintendent, a foreman - who can do so in the employee's stead. Others who are aware of the injury can also give the employer written notice. If that is the case, the employee is not obligated to give the notice him or herself.

Bus-truck accident injures both drivers in Colorado

Some of the most difficult auto accidents in Denver and across Colorado involve a truck and a bus colliding. These can lead to a significant impact with the potential for injuries and fatalities. In this type of wreck, the investigation is key. Both parties must make certain to protect their interests so they can consider a legal filing for compensation.

A crash between a truck and a school bus injured both drivers. The accident happened in the morning. The bus was being driven be a female. The truck was driven by a male. Since it was foggy and the conditions made it hard to see, law enforcement is trying to reconstruct the crash to determine how it happened. On the bus were two students. They were not hurt. It is not known how badly injured the drivers were, but they were taken to the hospital. The bus was going north at around 7:30 a.m. and the accident occurred at an intersection. It is not known what direction the semi was traveling. The truck went into a farm field following the accident. There is a traffic signal at that intersection and it is possible that one of the drivers ran a red light. The investigation is continuing.

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