Workers’ Comp Attorneys Serving Denver Metro Clients & All of Colorado
Our workers’ compensation lawyers can assist you with all aspects of your claim if you have been injured at work. If you have been hurt on the job in Denver or anywhere in Colorado, it is in your best interest to speak with a knowledgeable attorney as soon as possible.
At Burg Simpson Law Firm, we can help you file a workers’ comp claim, dispute denials and underpayment of your benefits, and make sure you are being fairly compensated for your injuries and expenses. We can also determine whether or not you may be entitled to additional compensation through a third-party work injury claim.
Contact Burg Simpson at 303-792-5595 today for a FREE and confidential case evaluation. Our workers’ compensation lawyers serve clients in and around the Denver Metro, all of the Front Range, and other areas of Colorado.
Are You Entitled to Workers’ Compensation?
The vast majority of employers in Colorado are required to carry workers’ compensation insurance. Both full-time and part-time employees are covered under these policies. Only independent contractors and certain types of workers (including domestic employees, casual farm and ranch workers, etc.) are considered exempt.
If your employer has workers’ compensation insurance as required by law, you are entitled to coverage of the cost of medical care for work-related injuries and illnesses. Depending on the nature and severity of your injury, you may be entitled to additional benefits as well.
What Does Workers’ Compensation Cover in Colorado?
Workers’ comp pays for the diagnosis and treatment of a workplace injury or occupational disease. This may include bills for ambulance transport, emergency room care, hospital stays, surgery, physical therapy, and more.
If you are unable to work for more than 2 weeks, you can claim benefits for lost wages. Workers’ compensation pays lost wages benefits as follows:
Temporary Partial Disability (TPD)
TPD benefits are available to injured employees who return to work but are unable to perform their regular duties or work the number of hours they did prior to the accident. If you are eligible for temporary partial disability benefits, payments will consist of the difference between your regular wage and the income you are able to earn while recovering from your injuries.
Benefits end when you are able to resume your regular work. Alternatively, the physician handling your care may determine that you can fully return to work or sign a release stating that you are cleared for modified duty or you have reached maximum medical improvement.
Temporary Total Disability (TTD)
Employees who are unable to perform any kind of work after an injury or work-related illness are eligible for TTD benefits. TTD benefits are calculated at a rate of two-thirds of your average weekly wage.
Permanent Partial Disability (PPD)
Maximum medical improvement (MMI) is a designation determined by your doctor that your condition will not improve with additional medical care. If you still have some level of impairment after reaching MMI, you may be entitled to permanent disability benefits.
PPD benefits help to replace some of the wages you are unable to earn as a result of partial disability that limits your ability to work. Two different benefits are available depending on the nature of the impairment:
- Scheduled loss: PPD benefits for a scheduled loss are determined by Colorado law. Colorado Revised Statutes § 8-42-107 specifies the benefits that are paid and for how long if a worker loses the use of an arm, a hand, a thumb, a finger, a leg, a foot, one or more toes, an eye, and hearing in one or both ears.
- Whole person impairment: If your doctor determines that a work-related injury other than the ones mentioned in the schedule above has resulted in permanent impairment, your PPD benefits are calculated based on the percentage of impairment to your body as a whole.
Permanent Total Disability (PTD)
If you are totally unable to work as a result of a job-related injury or disease, PTD benefits pay two-thirds of your average weekly wage. These benefits are paid for the rest of your life (see Colorado Revised Statutes § 8-42-111).
Burg Simpson Law Firm Handles Multiple Types of Workers’ Compensation Claims
Workers’ compensation lawyers at Burg Simpson are proud to represent employees across multiple industries and occupations. Our attorneys have experience with workers’ comp claims involving:
- Construction Workers
- Firefighters
- Health Care Workers
- Janitorial Workers and Custodians
- Law Enforcement Officers
- Office Workers and Clerical Staff
- Retail Workers
- Truck and Delivery Drivers
- Utility and Electrical Workers
Each of these careers have different demands and carry different risks. It is important to hire a workers’ comp attorney who understands the nature of your work, the types of injuries that may occur, and the effects of an injury on your occupation and ability to earn a living.
At Burg Simpson, we represent people from all walks of life. We strive to understand the accident and your injuries so we can advocate for you and ensure you get the maximum benefits you deserve.
It is a sad truth that fair handling of your workers’ compensation claim is not guaranteed. Employers and insurance companies may dispute liability or deny benefits for spurious reasons. In some cases, benefits may be suddenly reduced or terminated with minimal warning or explanation.
From filing your initial claim to ensuring you get the proper benefits to appealing rejections and disputes, a workers’ compensation lawyer at Burg Simpson can protect your rights. Our attorneys know how the workers’ comp system works, and we will put our experience, skills, and resources to work for you.
Frequently Asked Questions About Workers’ Compensation
What Is the 3-Day Rule for Workers’ Comp in Colorado?
In Colorado’s workers’ compensation system, the “3-Day Rule” refers to a specific guideline regarding disability compensation. Under this rule, an injured worker is not eligible for compensation for the first 3 days of disability following an accident unless their disability extends beyond two weeks. If the worker’s disability lasts more than two weeks, they are entitled to retroactive compensation for those initial three days.
This regulation ensures that short-term disabilities are treated differently from longer-term injuries, emphasizing the importance of accurate and prompt reporting and documentation of the injury’s extent. Denver workers’ compensation lawyers can provide essential guidance in dealing with these regulations and securing the compensation you deserve.
Can I Get a New Job While on Workers’ Comp in Denver, CO?
It is possible to secure a new job while receiving workers’ compensation benefits, but there are considerations. If the new job aligns with the medical restrictions outlined by your healthcare provider due to your workplace injury, you may proceed.
However, it is crucial to inform both your current employer’s workers’ comp insurance and the potential new employer about your injury and restrictions. This ensures your rights are protected and your benefits are adjusted accordingly, preventing any potential complications with your claim.
Does My Employer Have To Hold My Job While on Workers’ Comp in Denver?
There is no specific statute requiring employers to hold a job for an employee who is out on workers’ compensation in Denver. Federal laws like the Family and Medical Leave Act (FMLA) may offer job protection for certain qualifying employees and conditions. Each situation can vary, and employment decisions often depend on the employer’s policies and the specifics of the case. For personalized advice, contacting a workers’ comp attorney can help clarify your rights and options.
What Happens If I Get Fired While on Workers’ Comp in Colorado?
If you are terminated while receiving workers’ compensation benefits in Colorado, your eligibility for medical benefits and compensation for lost wages due to the injury typically continues. However, being fired does not automatically entitle you to additional compensation related to the termination itself.
Employers cannot legally fire you solely because you filed a workers’ comp claim, but they can terminate your employment for other valid reasons, such as company downsizing or documented performance issues unrelated to your injury. If you suspect wrongful termination related to your claim, consult a Denver workers’ comp lawyer to explore your legal options.
What Happens If You Quit Your Job While on Workers’ Comp in CO?
If you voluntarily quit your job while on workers’ comp in Colorado, your right to ongoing medical benefits for your injury should remain unaffected. However, quitting may impact your eligibility for wage replacement benefits if you are capable of working in some capacity. It is imperative to consider the implications carefully.
How Long Can You Collect Workers’ Comp in Denver, CO?
The duration for collecting workers’ comp benefits depends on the injury’s severity and the type of benefits received. Medical benefits can continue as long as necessary to treat the work-related injury.
Temporary disability benefits are provided until you are able to return to work. Permanent disability benefits have specific limits based on the injury’s severity. For precise information tailored to your case and to understand the full scope of your entitlements, consult with a workers’ comp lawyer in Denver.
How Long Can a Workers’ Comp Claim Stay Open in Denver, CO?
A workers’ comp claim generally stays open as long as medical treatment is needed. There is also a provision for reopening a claim after closure.
If, post-closure, you find yourself in need of additional medical care or temporary disability benefits, you can apply to reopen your claim. This involves filing an Application for Hearing with the Office of Administrative Courts (OAC). Reopening a claim is contingent on showing there has been a significant change in your condition or identifying an instance of fraud, error, or mistake in the original handling of your claim.
To reopen a claim, you must file within 6 years from the injury date or 2 years from when the last benefits (temporary, permanent, or dependent) were due and payable, whichever timeframe is longer. If you are seeking further medical care, you may apply to reopen your claim at any time within two years from when the last medical benefits were due.
How Is Workers’ Comp Settlement Calculated in Colorado?
In Colorado, workers’ comp settlements are calculated based on:
- Severity of the injury
- Medical expenses incurred
- Wage loss due to the injury
- Future medical care & treatment needs
- Type of disability (temporary or permanent)
- Injured worker’s average weekly wage prior to the injury
For a precise evaluation of a potential settlement, consult a Colorado workers’ compensation attorney.
What Is the Maximum Payout for Workers’ Comp in CO?
The maximum payout for workers’ compensation benefits in Colorado varies annually based on adjustments to the state’s average weekly wage. Effective July 31, 2023, the maximum weekly benefit for temporary and permanent total disability is set at $1,293.25. It is important to note that these rates are subject to change each year.
What Happens After MMI in Colorado?
After reaching Maximum Medical Improvement (MMI), further recovery is not expected. At this point, your treating physician will issue an MMI report, potentially with a permanent impairment rating if applicable. This rating can lead to permanent disability benefits.
Once MMI is declared, temporary disability benefits cease. If you disagree with the assessment, you may dispute the MMI determination through a Division Independent Medical Examination (DIME). Understanding your rights and options post-MMI is critical, and a lawyer can guide you through the next steps, including pursuing any permanent disability benefits you are entitled to.
What Percentage Does a Workers’ Comp Lawyer Get in Denver?
In Denver, the percentage a workers’ comp lawyer receives typically ranges between 10% and 20% of the settlement or benefits awarded, contingent upon the complexity of the case and the agreement made with the attorney. Effective August 7, 2023, the “reasonable” attorney fee on an unappealed case rose from a cap of 20% to 25%.
This fee structure is regulated by the Colorado Division of Workers’ Compensation to ensure fairness. Before proceeding, all fee arrangements must be clearly outlined and agreed upon between the attorney and the client.
How Can a Workers' Compensation Attorney Help?
A workers’ compensation attorney can significantly aid by:
- Guiding you through the workers’ comp process.
- Ensuring accurate and timely paperwork submission.
- Advocating for maximum benefit entitlements.
- Negotiating with insurance companies.
- Representing you in hearings for any disputes.
- Identifying potential third-party claims for extra compensation.
Their assistance allows you to concentrate on recovery while they focus on securing your rightful compensation. A workers’ comp attorney can play a key role in safeguarding your interests. Contact Burg Simpson Law Firm today for a FREE case evaluation.
What to Do After a Workplace Accident
If you have been injured on the job, what you do next can have a significant impact on your well-being and your financial future. There are a number of misconceptions about workers’ comp, and a mistake can cost you dearly when it comes to claiming benefits.
Here are the steps you should follow if you have been injured on the job:
- Seek medical attention. Except in the case of an emergency, your employer has the power to select the doctor(s) you can see. Your employer is required to provide you with a list of up to four designated providers. These designated providers may be specific doctors or medical practices.
- Report the injury. You should verbally notify your employer that you got hurt on the job as soon as possible. In addition, you will need to report the accident or injury to your employer in writing no more than 4 days after the fact.
- Gather evidence. Unless you need to go to the emergency room, take the time to collect any pertinent evidence at your workplace or wherever the accident occurred. This may include taking photos of dangerous equipment or conditions, talking to witnesses in the vicinity, etc.
- Keep up with your medical care. Eligibility for workers’ compensation benefits is contingent on the employee’s efforts to participate in their own recovery. It is crucial to attend all doctor appointments, sessions with physical therapists, and visits to other providers recommended by your authorized treating physician. Neglecting your medical care can lead to termination of your workers’ comp benefits.
- Speak to a workers’ compensation lawyer. If you are unfamiliar with the system, you should seek legal counsel ASAP. A workers’ comp attorney can help you file a claim and/or review your benefits to ensure that you are being treated fairly.
Contact Burg Simpson for FREE today.
Generally, you will not need to file a workers’ compensation claim on your own. Once an employer is notified of an employee’s injury, they are required to report the injury to their workers’ compensation insurer or the Division of Workers’ Compensation (DOWC) within 10 days. The insurer must decide whether to approve or deny the claim within 20 days.
If, however, the injury is not reported to insurance or the DOWC, you will need to file the claim yourself. This involves filling out the form titled Worker’s Claim for Compensation (WC15) and submitting it to the Colorado Division of Workers’ Compensation. A workers’ compensation lawyer can help you complete the form and ensure that it is filed properly.
How Long Do I Have to Make a Workers’ Compensation Claim?
Workers who have been injured on the job have a limited time to make a claim for benefits. The Colorado Workers’ Compensation Act provides a maximum of 2 years for you to file a claim with the Division of Workers’ Compensation.
Although the law gives you up to 2 years, it is important to get started on your workers’ comp claim much sooner. Employers and insurance companies will scrutinize any delays. What’s more, conditions at your workplace may change and the memories of witnesses can fade. This can make it difficult to substantiate your claim.
Common Types of Workplace Accidents
Workers’ compensation is available for any type of accident or injury on the job. If you suffered a work-related injury as a result of any of the following, you may be entitled to workers’ compensation:
- Slip and fall accidents
- Trip and fall accidents
- Falls from heights
- Motor vehicle accidents
- Electrocution
- Construction accidents
- Entanglement and other accidents with heavy machinery
- Caught-in and caught-between accidents
- Struck by a falling object
- Fires and explosions
- Exposure to hazardous chemicals and other substances
This is not a comprehensive list. If you were injured at work under any circumstances, Burg Simpson can help.
Common Types of Work-Related Injuries
Job-related injuries can happen suddenly as a result of an accident or form gradually over time (such as repetitive motion injuries). Workers’ compensation is crucial for helping employees afford medical care for their injuries and recoup the income they lose if an injury leaves them unable to work.
Our workers’ compensation lawyers can help if you suffered any of the following injuries:
- Broken bones
- Soft tissue damage
- Head and brain injuries
- Vision and/or hearing loss
- Facial injuries and disfigurement
- Spinal cord injuries
- Injuries to the neck and back
- Nerve damage
- Burn injuries
- Internal bleeding and organ damage
- Amputation/loss of limbs
Each of these injuries should be taken seriously. Some can lead to chronic pain and physical limitations without timely treatment. Others are medical emergencies that can be life-threatening.
It can be difficult to think about workers’ comp when you are recovering from an injury. You might be facing a number of daunting questions such as: When can I get back to work? How will I pay my bills? What if I cannot do the job I had before? At Burg Simpson, our workers’ compensation lawyers provide you with guidance and support so you can focus on getting better, not dealing with stress and legal issues.
Can I Sue My Employer for a Work Injury in Colorado?
If your employer has workers’ compensation insurance as required by Colorado law and you are covered by workers’ comp, you are generally not allowed to file a lawsuit against your employer for an on-the-job injury. However, you may have additional claims against one or more third parties whose negligence caused you harm.
Defendants that may be held accountable in a third-party work injury lawsuit may include:
- The owner of dangerous premises where work was being performed
- A contractor or subcontractor whose negligence leads to a workplace accident
- The careless driver of a motor vehicle
- Manufacturers of defective products
The majority of third-party claims are brought on the basis of a personal injury lawsuit. As such, you will need to present evidence that your injuries were caused by the negligence of a third party (or third parties).
Since 1977, Burg Simpson has been serving clients in a wide range of personal injury claims in Colorado. Our attorneys can evaluate the evidence to determine if you are entitled to more than workers’ compensation, then pursue all avenues for maximizing your recovery.
Do I Have a Third-Party Work Injury Claim?
Not all workplace injuries give rise to third-party claims. Depending on the circumstances, you may be limited to benefits under workers’ comp.
However, if you were injured by a third party’s negligence, you owe it to yourself to explore all available legal options. One of the major advantages of a third-party claim is the potential to obtain compensation for all of your losses.
Unlike workers’ compensation benefits (which are limited by statute), you may be entitled to recovery of the following in a third-party work injury claim:
- Current and future medical expenses
- All lost wages to date
- Loss of earning capacity
- The cost of assistive devices, home and vehicle modifications, and services
- Pain and suffering
- Emotional distress
- Permanent disability
- Scarring and disfigurement
- Loss of enjoyment of life
If you were injured on the job due to someone else’s negligence, it is important to be aware of all of your legal options. A workers’ compensation attorney at Burg Simpson can help you take action against a third party.
Contact a Workers’ Compensation Lawyer Today
Burg Simpson Law Firm has more than 35 personal injury lawyers on staff. All of our attorneys are dedicated to the success of your claim and providing you with best-in-class legal support and guidance.
The workers’ compensation system can be difficult to navigate on your own. It is crucial to have an experienced advocate who can ensure that you are getting all of the benefits you are due and handle any disputes that may arise.
Why Choose Burg Simpson
In addition to substantial knowledge of the workers’ comp system in Colorado, our lawyers are well-versed in third party personal injury and product liability claims. We will collect all available evidence to identify any additional legal options you might have after a work injury. If necessary, our attorneys can take your case to trial.
Call Burg Simpson at 303-792-5595 today for a FREE and confidential case evaluation. Our workers’ compensation lawyers serve workers in Denver and all of Colorado.
