When To Hire a Colorado Workers’ Comp Lawyer

When Should You Hire a Workers’ Compensation Lawyer in Colorado?

What is workers’ compensation, and how does it work? Workers’ compensation is a no-fault insurance program that Colorado requires employers to carry. It offers benefits that include wage replacement and medical care for employees who suffer work-related injuries or illnesses. 

Who is involved in a workers’ comp claim? The claimant is the injured worker. The employer is the party that carries the necessary insurance, while their insurance carrier is the party that pays out the benefits. There will also be authorized medical providers who are the professionals approved to treat injured workers.

If there are disputes, the Office of Administrative Courts will likely get involved. This is an independent state office that conducts hearings. 

However, not every case requires help from a workers’ compensation lawyer. Some may be more straightforward than others, especially if numerous witnesses can support your version of what happened.

Which Workers’ Compensation Benefits May Be Available To Injured Workers?

You can claim medical benefits to cover all necessary and reasonable medical care. There is no statutory cap for these benefits.

You can obtain temporary disability, which offers two-thirds of your average weekly wage. If you reach maximum medical improvement, which means your condition has stabilized and will not improve, and you still can’t work, you could be eligible for permanent disability benefits.

What Signs Indicate That You May Need Legal Help With Your Claim?

When do you need a workers’ comp attorney? You may need assistance from an attorney if you notice any type of pushback when you file the claim. This could come in the form of delays, disputes over necessary medical care, employer retaliation, or even issues with pre-existing conditions.

If your claim is denied outright, it is vital that you hire an attorney to assist you in appealing the decision. Appeals are particularly difficult because there are strict filing deadlines you may not be aware of.

What Should You Do if Your Employer or Insurance Company Disputes That Your Injury Is Work-Related?

One of the most important workers’ compensation tips to keep in mind is to quickly hire an attorney. If the dispute leads to a claim delay or denial, you can file an appeal with Colorado’s workers’ comp board. Ensure you get the denial in writing, including the exact reasons why the employer or insurer disputes that the injury is work-related.

So, what evidence can help support a workers’ compensation claim? You should document a workplace injury thoroughly when it occurs and as you receive treatment, so there are clear records of everything.

Witness statements are particularly helpful as well, as are statements from medical professionals. You should always seek a second medical opinion if there’s a dispute.

Lastly, an attorney can assist you in asking for a hearing from the Colorado Department of Labor or Workers’ Compensation Division.

Can a Workers’ Compensation Lawyer Help if Your Medical Treatment Is Denied?

Yes, your lawyer can help gather medical proof and find the reason why your treatment was denied. They will then begin the appeal process and represent you in court.

Often, medical treatment is denied as a result of pre-existing conditions. These conditions make the claims process much more difficult because insurers could claim that your condition is not work-related. Your attorney can assist you in showing that your work has worsened your condition.

Hiring a Lawyer After a Serious Workplace Injury

If you have suffered an injury that requires you to undergo surgery or receive long-term medical care, you need to hire an attorney immediately. The same is true if the injury or illness has led to permanent limitations. These are complex cases that you should not address on your own.

Can an Employer Retaliate Against You for Filing a Workers’ Compensation Claim?

An employer cannot legally retaliate against you for filing a workers’ comp claim. Your right to do this is protected by federal and state laws. Your employer cannot punish you in any way, including demoting or firing you.

So, what should you do if your employer pressures you to return to work sooner than you expected? You will need to speak with a medical professional and see if you are cleared for work. If your employer is offering light duty, review what this would mean with your doctor to ensure you can handle it.

If the pressure continues, document it. Keep all messages and log phone calls. If there are any threats to your job, make a record of these, too. You should also contact HR and an attorney.

Why Is It Important To Understand Your Future Medical Needs Before Settling?

Settlements are legally irrevocable and permanent. You sign a release before you receive funds, which makes it impossible to reopen or sue for further compensation later on.

Numerous types of injuries can trigger complications weeks or months after the initial injury occurs. Traumatic brain injuries and herniated discs are just two examples of injuries that could get worse and affect your ability to work.

What Happens if Someone Other Than Your Employer Caused Your Workplace Injury?

If someone other than your employer or co-worker caused your injury, you can pursue both workers’ compensation and a third-party injury lawsuit. This allows you to recover more significant settlements.

What Does a Workers’ Compensation Lawyer Do for Injured Workers?

A workers’ compensation lawyer can help you understand your rights, so you can begin pursuing compensation. Often, insurers will try to delay the process, which causes significant hardship for workers.

You may also wonder, “How long does workers’ comp take to settle?” It can take more than 12 months, especially for complex claims. An attorney can help push for a resolution.

Additionally, attorneys will be able to assist you if you need to request a hearing and appeal a claim denial. They will know the evidence needed to have the best possible chance of winning.

How Can Bachus & Schanker Help Injured Workers With Their Workers’ Compensation Claims?

The team of attorneys at Bachus & Schanker provides the dedicated and compassionate support you need as you navigate the workers’ comp process. We are here to help you through all of the challenges these cases could bring.

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