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]]>Step one is getting medical care from a doctor. Without question, severe injuries take the top priority. If you sustained a very bad injury, you need to call 911 immediately and get yourself to the nearest emergency room. Beyond that, non-emergency injuries still need to be evaluated right away by a physician. This step is crucial not only for your health but also for your workers’ compensation claim. When you see a doctor, tell them that your injury happened while you were working. By doing so, they can make a note of it in their report—which will become an essential piece of evidence for your claim.
You should notify your employer—either through your direct supervisor, the human resources (HR) department, or the company owner—of your work injury as soon as possible. You can briefly explain what happened and how you got hurt. State law requires injured workers to notify their employer in a timely manner. As explained by the Colorado Department of Labor and Employment, a workplace accident should be reported to your employer within 10 working days. If you fail to provide adequate notice to your employer, it may impact your claim and recovery.
The more comprehensive documentation that you have, the better your chances for maximizing your workers’ compensation benefits. Keep track of everything related to your injury and the accident. Take photos of where the accident happened and any equipment involved. Write down what you were doing when you got hurt and who was there. Also, keep a record of your medical treatments, including doctor visits, medications, and any other care you receive.
Seeking medical care and reporting your accident to your employer is an essential part of the workers’ comp claims process in Colorado. With that being said, notifying your employer of an incident is not the same thing as filing for workers’ comp benefits. You need to obtain, complete, and submit the required paperwork. In Colorado, that means getting and filling out a Worker’s Claim for Compensation (WC 15). Once you have completed the form, submit it to the State of Colorado Division of Worker’s Compensation and the appropriate person or department in your company. The form is your formal request for workers’ comp benefits. You do not have to fill it out alone. An experienced Colorado workers’ comp lawyer can help handle all of the workers’ comp claims paperwork. Getting legal help is especially important if you suffered a serious injury or if your employer is considering disputing your benefits.
In Colorado, workers’ compensation insurance provides no-fault benefits to qualified applicants. You do not have to prove that your employer was “at fault” for your injury to get benefits. Still, things do not always go smoothly. Unfortunately, many injured workers in Colorado run into problems when pursuing their benefits. You could run into a delay or even a denial. If this happens, do not lose hope. You have the right to challenge this decision. Start by finding out why your claim was denied or delayed. A Denver, CO, workers’ comp lawyer can help you understand the denial and gather all of the evidence you need to file a strong, compelling appeal.
At The Law Offices of W. Dan Mahoney, P.C., our Denver workers’ compensation attorney is a skilled, results-focused advocate for people hurt on the job. If you have any questions about filing for workers’ comp benefits, we are more than ready to help. Contact our work injury team today for a free consultation. With a law office in Denver, we serve communities across the region, including Denver County, Adams County, Douglas County, Jefferson County, and Arapahoe County.
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]]>The post Common Workplace Injuries Covered by Workers’ Compensation in Colorado appeared first on Mahoney Law Office.
]]>Traumatic brain injuries (TBIs) are one of the most common—and, potentially, most serious—workplace injuries in Colorado. A study cited by the National Library of Medicine found that as many as one in four TBIs suffered in the U.S. happen in the workplace. Brain injuries can happen because of falls, being struck by an object, machinery accidents, and motor vehicle collisions. A TBI can be covered by workers’ compensation insurance in Colorado. All brain injuries require immediate medical attention. The prognosis and recovery time can vary widely.
Back problems are also relatively common workplace injuries. These injuries can happen in many different ways—from heavy lifting to awkward movements to fall accidents. Some back injuries are fundamentally muscle strains. Other back injuries may be even more severe, such as a herniated disc or a fractured vertebrae. Symptoms include persistent pain, stiffness, and reduced mobility. A back injury can be covered by workers’ comp insurance in Colorado.
Sprains and strains are common soft tissue injuries in the workplace. Sprains involve ligaments, such as those centered on the ankles, wrists, and knees. Sprains could happen due to sudden twisting or turning motions. In contrast, strains affect muscles or tendons. They are more likely to happen from overexertion or repetitive motions. A sprain/strain that requires professional medical care can be covered by workers’ comp in Colorado.
Broken bones, or fractures, occur in the workplace due to falls, direct impacts, or even persistent overuse. Some of the most common broken bones in the work in Colorado include arms, legs, and ribs. For most people, the symptoms are immediate pain, swelling, and inability to use the injured area. Treatment should include prompt medical attention. A worker may need to have the area immobilized with a cast or a splint. With the most serious broken bone injuries, surgery may be needed.
Burns in the workplace can occur from fire, chemicals, electricity, or hot surfaces. These injuries vary from minor superficial burns to severe deep tissue damage. Symptoms include redness, blistering, and, in serious cases, charring of the skin. Second-degree burn injuries and third-degree burn injuries require immediate medical care. In Colorado, you can seek workers’ comp benefits for a job-related burn injury.
Chemical exposure injuries happen due to contact with hazardous substances, including gas, solvents, and acids. These injuries can affect the skin, eyes, or respiratory system. At its worst, exposure to a toxic substance can cause catastrophic or even life-threatening harm to a worker. You can file a workers’ comp claim for harm caused by a chemical exposure in Colorado.
Repetitive strain injuries (RSIs) are caused by repetitive movements or prolonged periods in a fixed position. Common in office settings, RSIs affect muscles, nerves, and tendons, leading to conditions like carpal tunnel syndrome and tendonitis. Symptoms include pain, tingling, and loss of strength. You may also hear this type of injury referred to as cumulative trauma. In Colorado, RSIs can be covered by workers’ comp. However, these cases can be more complicated. The injured worker must prove that their cumulative trauma injury occurred within the course and scope of their employment. Comprehensive medical records are key in these cases.
Spinal cord damage in the workplace can result from severe trauma, such as falls or vehicle accidents. This injury can lead to partial or complete paralysis. There is no such thing as a “minor” spinal cord injury. Any level of spinal cord damage is a major medical emergency. A person who suffered any trauma to the spinal cord needs emergency medical care. For severe injuries, workers’ comp in Colorado may provide permanent disability benefits. An attorney can help you and your family secure the absolute maximum financial support.
At The Law Offices of W. Dan Mahoney, P.C., our Colorado workers’ compensation lawyer goes above and beyond to deliver top-tier legal representation. Contact our law firm right away for a free consultation. With a legal office in Denver, we handle workers’ comp claims throughout the entire region, including in Denver County, Denver County, Jefferson County, and Arapahoe County.
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]]>The post Returning to Work After a Workplace Injury: Rights and Responsibilities appeared first on Mahoney Law Office.
]]>Returning to the job after a period of receiving workers’ comp benefits can be challenging. Within this article, our Denver workers’ compensation attorney explains the key things to understand about your rights and your responsibilities regarding returning to work after an injury in Colorado.
All employees in Colorado deserve safe, fair conditions in their workplace. When accidents happen, they have the right to take the time to recover. You are not required to rush back to your job before you are physically and mentally ready to do so. It is essential that you follow your doctor’s advice and only return to work when you are medically cleared. Your employer does not have the unilateral right to make you return to work.
As you recover from a work-related injury in Colorado, some tasks at work might not be safe or possible for you to perform. In such cases, you have the right to inform your employer about your physical limitations. These are referred to as job restrictions. You may be entitled to some form of light-duty work. As an example, if your injury prevents you from lifting heavy objects, your employer should be informed so that they can accommodate your needs.
Injured workers should never be punished because it takes them some time to return to work. Along the same lines, injured workers should never be punished because they need a period of light-duty employment. In Colorado, the workers’ comp laws protect people against retaliation from their employers. Your employer cannot punish you—treat you in an unfavorable manner—simply because you were injured and took time off to recover. If you face any negative consequences upon your return, such as demotion, reduced hours, or unjust treatment, you may have a claim.
Effective communication is crucial. You are responsible for keeping your employer informed about your injury, your recovery process, and your expected return date. Along with other things, this generally includes notifying them as soon as possible after the injury occurs and providing them with regular (reasonable) updates on your status. If there are any changes in your condition or if your return to work date shifts, it is important to communicate them promptly.
The Colorado workers’ comp laws require that people who were hurt on the job must return to the workplace when they can do so. In other words, you have a responsibility to return to work when you’re medically cleared and physically able to do your job. You should follow your doctor’s advice and not extend your leave unnecessarily. If you are able to work in some capacity—even if it is not in your usual role—you may need to accept some form of light-duty work. A Colorado workers’ comp lawyer can help you deal with any disputes over your medical capacity to work.
If you are returning to work on light duty, it is your responsibility to provide your employer with the necessary medical records. These records should clearly state your physical limitations and the type of work you can safely perform. Providing this documentation ensures that your employer can effectively accommodate your needs and offer you appropriate tasks. Ultimately, medical records are the key to resolving any disputes.
At The Law Offices of W. Dan Mahoney, P.C., our Denver workers’ compensation attorney is standing by, ready to protect your rights every step of the way. Call us now or contact us online for a free, no-strings-attached case evaluation. From our Denver law office, we represent injured workers throughout the region, including in Denver County, Adams County, and Douglas County.
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]]>The post The Implications of Pre-existing Conditions in Colorado Workers’ Compensation Cases appeared first on Mahoney Law Office.
]]>A pre-existing condition refers to any injury, illness, or medical condition that an employee had before their work-related incident. In Colorado, workers’ compensation laws recognize that pre-existing conditions can impact the severity of a workplace injury or illness. It is essential for both employers and employees to be aware of how pre-existing conditions may influence the outcome of a workers’ compensation claim.
One of the primary concerns in workers’ compensation cases involving pre-existing conditions is how they may affect eligibility for benefits. Colorado law acknowledges that aggravation or exacerbation of pre-existing conditions in the workplace is compensable. However, determining the extent of aggravation and its relationship to the workplace incident can be a daunting task.
Employees must demonstrate that the work-related incident significantly worsened their pre-existing condition or caused a new injury. On the other hand, employers may dispute the extent to which the pre-existing condition was affected by the workplace incident. Seeking legal advice early in the process can help clarify these issues.
Colorado follows the principle of apportionment when pre-existing conditions are present. This means that the workers’ compensation benefits awarded will be proportionate to the extent that the workplace incident contributed to the injury or aggravation of the pre-existing condition. Apportionment aims to ensure that only the portion of the injury directly related to the work-related incident is compensated.
It is crucial for both employees and employers to gather comprehensive medical evidence to support their respective positions on apportionment. Consulting with our experienced workers’ compensation attorney at The Law Offices of W. Dan Mahoney, P.C. can help you handle the challenges of apportionment and present a strong case.
Establishing a direct causal link between a workplace incident and the aggravation of a pre-existing condition is a critical aspect of workers’ compensation cases. The journey to proving causation is fraught with challenges that impact the whole process. Some of the common setbacks include;
Given the complex nature of workers’ compensation cases involving pre-existing conditions, seeking legal representation is highly advisable. Experienced workers’ compensation attorneys can assess the specific circumstances of a case and provide guidance on gathering relevant evidence.
At the Law Offices of W. Dan Mahoney, P.C., we are dedicated to assisting clients in maneuvering the ups and downs of workers’ compensation cases. Here are some of the ways we can help you;
Seeking timely legal advice and building a strong evidentiary foundation are crucial steps toward ensuring fair outcomes in workers’ compensation cases. Our team at The Law Offices of W. Dan Mahoney, P.C. is ready to assist individuals facing these challenges. Reach out to us today.
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]]>The post Understanding the Average Weekly Wage Calculation in Colorado Workers’ Compensation appeared first on Mahoney Law Office.
]]>The Average Weekly Wage is the foundation upon which many workers’ compensation benefits are determined. It represents the average earnings of an injured employee over a specified period, usually the 12-16 weeks preceding the date of injury. Accurate AWW calculation is pivotal as it directly impacts the compensation an injured worker receives during their recovery.
Some of the factors influencing AWW calculation include;
The AWW is generally calculated using the following formula:
AWW = Total Earnings
Number of Weeks Worked
Challenges in Average Weekly Wage (AWW) determination can arise due to various factors. This makes it essential for both parties to handle this process with care. Here are some common challenges associated with AWW determination:
The calculation of the Average Weekly Wage (AWW) in Colorado’s workers’ compensation system directly impacts the benefits that an injured worker may receive during their recovery. Here is how;
As advocates for injured workers in Colorado, our team at The Law Offices of W. Dan Mahoney, P.C. is committed to ensuring that every client receives fair and just compensation based on a thorough and accurate assessment of their Average Weekly Wage. Get in touch with us today to schedule your consultation.
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]]>The post The Role of Third-Party Liability in Colorado Workers’ Compensation Cases appeared first on Mahoney Law Office.
]]>Worker’s compensation is designed to provide financial and medical benefits to employees who suffer work-related injuries or illnesses. It typically covers medical expenses, lost wages, and rehabilitation costs — offering a safety net for workers in the event of an unfortunate incident on the job. Claims in Colorado are generally straightforward. When an employee is injured on the job, they can file a claim with their employer’s insurance carrier. The insurance carrier then assesses the claim and provides compensation accordingly. However, this process does not always cover every aspect of an injury, especially when third parties are involved.
Third-party liability comes into play when someone other than the employer or the injured worker is responsible for the injury. In the context of workers’ compensation, a third party could be a manufacturer of defective equipment, a negligent driver in a work-related accident, or any other entity not directly connected to the employer-employee relationship.
It is crucial to understand the distinctions between pursuing a third-party injury claim and filing a workers’ compensation claim. The key differentiating factors are;
So, in which situations can you file a third-party liability claim? Here are some scenarios where employees are eligible for third-party liability claims.
In cases where an employee is injured due to a defective product (like malfunctioning machinery or faulty safety equipment), the manufacturer or distributor of the defective product may be held liable.
Work-related accidents involving vehicles often open the door to third-party liability. If the accident is caused by another driver’s negligence, the injured worker can pursue a claim against the at-fault driver.
If a workplace is not owned by the employer, injuries resulting from dangerous conditions on the premises may lead to a premises liability claim against the property owner.
While workers’ compensation provides essential benefits, pursuing a third-party claim can offer additional advantages to the injured worker. These may include:
Have you or your loved one been injured while at work? Sustaining work-related injuries can be devastating. You may not be able to work for a while and lose your source of income. This is why you need to seek compensation. At The Law Offices of W. Dan Mahoney, P.C., we have a highly experienced team of Colorado worker compensation attorneys ready to help you. We will fight for your rights and ensure you get the compensation you deserve. Get in touch with us today.
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]]>The post Workers’ Compensation for Repetitive Stress Injuries appeared first on Mahoney Law Office.
]]>Repetitive stress injuries (RSIs) are a category of work-related injuries that result from repetitive motion, forceful exertions, and awkward postures. These injuries, often called musculoskeletal disorders, encompass a wide range of conditions. Whether you are typing at a computer, working on an assembly line, or performing other repetitive tasks, you could be at risk of developing an RSI.
Some common examples of RSIs include;
In Colorado, workers’ compensation laws are designed to protect employees injured on the job, including those with RSIs. The workers’ compensation system is a no-fault insurance program, meaning that injured employees do not need to prove fault on the part of their employer to receive benefits.
For you to be eligible for workers’ compensation benefits in Colorado, you must meet several key criteria:
Colorado’s workers’ compensation system covers a range of benefits for employees with RSIs. These benefits may include:
Remember, time is of the essence. Reporting the injury promptly, seeking medical care, and filing a claim within the required timeframe are essential steps to ensure that you receive the benefits you deserve. Delaying any of these actions can result in complications with your claim.
Handling the workers’ compensation process can be complex, and it is not uncommon for legitimate claims to be denied or for benefits to be underpaid. If you are in this situation, you should seek the guidance of an experienced workers’ compensation attorney. Our attorneys at the Law Offices of W. Dan Mahoney, P.C. can help you obtain the necessary evidence, get through the administrative procedures, and represent your interests in any disputes.
If you or a loved one has suffered a repetitive stress injury at work, do not hesitate to contact our experienced attorneys at the Law Offices of W. Dan Mahoney, P.C. for guidance and representation. Your well-being and livelihood are our top priorities, and we are committed to helping you secure the benefits you rightfully deserve. We are always ready to help.
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]]>The post The Impact of Drug or Alcohol Use on Workers’ Compensation Claims in Colorado appeared first on Mahoney Law Office.
]]>The Colorado Workers’ Compensation Act (CWCA) mandates that employers in the state provide workers’ compensation coverage to their employees. This system ensures that employees who are injured while performing their job duties have access to benefits to help them recover. This includes medical care, wage replacement, and vocational rehabilitation.
Generally, workers’ compensation is a no-fault system. This means that you do not need to prove your employer’s negligence to receive benefits. However, there are some exceptions, and one of these exceptions is when drug or alcohol use is involved.
The CWCA explicitly addresses the issue of drug or alcohol use in the workplace. When it can be shown that a worker’s intoxication contributed to their injury, it can significantly impact their workers’ compensation claim.
The “Intoxication Defense”
Colorado law allows employers and insurers to assert what is known as the “intoxication defense.” If it can be proven that you were under the influence of drugs or alcohol at the time of the accident and this intoxication significantly contributed to your injury, your eligibility for workers’ compensation wage and impairment benefits could be at risk of a 50% reduction.
However, here’s the catch: for the intoxication defense to work, your employer or insurer must establish two things. First, they need to show that you were indeed intoxicated. Second, they have to demonstrate that this state of intoxication directly caused your injury. While this sounds straightforward, it is a higher burden of proof than many other elements of a workers’ compensation claim.
Employee Responsibility
It is crucial to know your responsibilities when it comes to reporting work-related injuries. The key here is prompt reporting. Delaying or failing to report an injury can trigger a closer examination of the circumstances. In some cases, this could involve drug or alcohol testing. Failing to meet these obligations might have a negative effect on your claim. If you have questions about what your responsibilities are when it comes to workplace safety, don’t hesitate to get in touch with our dedicated attorneys.
Alcohol and Drug Testing
Employers may sometimes request drug or alcohol testing following a workplace injury. This is particularly common if there is suspicion or reasonable cause to believe that intoxication may have played a role in the accident. It is crucial to note that testing must adhere to specific protocols and legal requirements to ensure accurate and reliable results. Working with our team at the Law Offices of W. Dan Mahoney, P.C. will ensure all protocols are observed.
The Results of Testing
If drug or alcohol testing reveals that you had substances in your system during the accident, it does not automatically disqualify you from receiving workers’ compensation benefits.
The Impact on Benefits
If the intoxication defense is successful, it can lead to a reduction in workers’ compensation benefits. While medical care may still be provided, wage replacement benefits may be decreased by 50%. This is a significant consequence for injured workers, given they may face financial difficulties during their recovery.
The impact of drug or alcohol use on workers’ compensation claims in Colorado is a complex issue. While the Colorado Workers’ Compensation Act allows for the intoxication defense, it is not an automatic disqualification for benefits.
The Law Offices of W. Dan Mahoney, P.C., is committed to helping injured workers in Colorado handle all aspects of workers’ compensation claims. If you or a loved one has been injured on the job and have concerns about the impact of drug or alcohol use on your claim, please don’t hesitate to reach out to our experienced legal team.
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]]>The post The Pros and Cons of Settling a Workers’ Compensation Claim appeared first on Mahoney Law Office.
]]>Some of the benefits of settling a worker’s compensation claim are;
Immediate Financial Relief
Settling a claim offers immediate relief, like a timely rescue amidst the financial storm caused by unexpected medical bills and the loss of wages. When you agree to a settlement, you receive a lump sum payment that can help cover medical bills and make up for lost wages. This can be valuable if you are facing financial hardships due to your injury.
Closure and Certainty
When you settle your claim, you will have a sense of closure. Dealing with the worker’s compensation process is often draining, and coming to an end of it lifts so much weight off your shoulders. Once you reach an agreement, you know exactly how much compensation you will receive, and the case is effectively closed. This can help reduce anxiety and allow you to move forward with your life.
Flexibility
You will have better control and flexibility over how you use the funds. You can allocate the settlement amount as you see fit. Whether you want to use it for ongoing medical treatment, vocational rehabilitation, or to address other pressing needs, it is all up to you. This flexibility can be particularly beneficial when you have unique circumstances and preferences.
Potentially Higher Total Compensation
In some cases, the total amount you receive through a settlement may be more substantial than what you would receive through ongoing wage replacement and medical benefits. This can be especially true if your injury has long-term consequences, as it accounts for future losses in a lump sum.
Some of the setbacks associated with settling a worker’s compensation claim include;
Reduced Long-Term Benefits
One of the most significant drawbacks of settling is that it often involves relinquishing your right to ongoing wage replacement and medical benefits. This means that if your injury or condition worsens over time, you cannot seek further compensation through the workers’ compensation system.
Medical Uncertainty
Settling a claim may leave you responsible for your future medical expenses related to the injury. This can be risky, as healthcare costs can be unpredictable and substantial. You may also need ongoing treatment or surgeries down the road.
Potential Undervaluation
Insurance companies may offer lower settlements than you deserve as they seek to save money. Without proper legal representation, you could accept an amount that doesn’t adequately cover your past and future costs. Having an experienced attorney can help you negotiate a fair settlement.
Colorado has its own unique workers’ compensation laws, which can affect the pros and cons of settling a claim. Keep the following factors in mind if you are a Colorado worker:
The decision to settle should be made carefully, fully understanding your rights and the specific circumstances surrounding your injury. At The Law Offices of W. Dan Mahoney, P.C., we are ready to help you make the best choice for your individual situation. Contact us for legal guidance today.
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]]>The post Understanding Independent Contractors and Workers’ Compensation in Colorado appeared first on Mahoney Law Office.
]]>Understanding where independent contractors stand vis-a-vis workers’ compensation is crucial for these self-employed individuals and the businesses that hire them. Today’s article explores this relationship and everything you need to know.
Independent contractors are individuals or entities that offer their services to businesses without being categorized as traditional employees. The main difference between them and regular employees is their level of autonomy in determining how they carry out their work and organize their work schedules. Independent contractors are frequently sought after for their specialized skills. This makes them valuable resources for businesses seeking specific expertise without the obligation of hiring full-time staff.
So, what exactly is workers’ compensation? This program serves as a lifeline for employees dealing with injuries or illnesses tied to their work. It is a specialized insurance system that offers financial assistance and medical benefits, allowing employees to focus on their recovery without the added stress of financial burdens. Workers’ compensation covers various expenses, including rehabilitation services, medical treatment costs, and a portion of the wages lost during recovery.
Workers’ compensation serves several crucial purposes:
The classification of workers as employees or independent contractors is pivotal when it comes to workers’ compensation.
What sets independent contractors apart from employees in relation to workers’ compensation is their typically limited access to the benefits. Unlike employees, independent contractors often find themselves without workers’ compensation coverage provided by businesses. This means that if an independent contractor encounters a work-related injury or illness, they typically are not entitled to the same benefits offered to employees. As a result, independent contractors shoulder the responsibility for their own safety and must explore options for securing their insurance coverage.
Independent contractors often face unique risks due to their flexible work arrangements. While they enjoy greater autonomy, they are also responsible for their own safety and insurance. Common workplace hazards for independent contractors can result in physical, financial, and emotional losses. Understanding the basics of workers’ compensation is essential as they often find themselves in a different position regarding coverage.
Colorado has unique laws and regulations governing workers’ compensation and the relationship between businesses and independent contractors. These laws are designed to safeguard the rights and well-being of workers while providing employers with a structured framework for managing workplace injuries and illnesses.
At The Law Offices of W. Dan Mahoney, P.C., we recognize the importance of clarity and legal expertise in this field. Our dedicated experts are ready to guide you, answer your questions, and ensure that your rights and obligations as an independent contractor or employer are safeguarded. Contact us today to schedule a consultation, and let us help you comprehend the complex world of independent contracting and workers’ compensation in Colorado.
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