Workers’ Compensation Lawyers Serving Denver, Colorado
Workers’ Comp Information • Aggressive Representation
If you were disabled by an injury at work and your benefits aren’t being paid like they should, you need to take stock of your situation and figure out who is in your corner. Ask yourself a few questions:
- Are your wage loss checks coming erratically or not at all?
- Does the company pay your wage loss benefits (temporary disability benefits) based on a lower wage than what you actually earn?
- Does the insurance company refuse to acknowledge certain aspects of your injury?
- Does the company’s doctor ignore it when you explain how your injuries affect you?
- Have your medical care providers failed to order the tests needed to properly diagnose your injury?
- Were you forced back to work before your injuries had healed enough for you to do your job properly?
- Have you been evaluated for permanent disability (permanent impairment) by a company doctor and been given a very low, or a zero, impairment rating?
If you answered yes to any or all of these questions and your claims adjuster won’t help, you should consider hiring a lawyer.
At Kiel & Trueax, LLC, our attorneys have extensive experience providing aggressive representation for workers’ compensation claims to clients in Denver, Colorado, and surrounding areas. To schedule a free consultation with one of our lawyers, call us at 720-256-2438 or contact our offices online.
Injured by Someone Who Doesn’t Work for Your Employer?
If you were injured because of the negligence of a person who doesn’t work for your employer (or a defective product that your employer didn’t make), you may be able to file a personal injury claim to receive compensation in addition to your normal work comp benefits. Learn more:
Medical Treatment and Your Permanent Impairment Rating
It is vitally important for you to attend all scheduled medical appointments with your authorized treating doctors. If you don’t, your disability benefits can be terminated by the insurance company.
At the conclusion of your medical care, you are entitled to be evaluated for any permanent injury you have suffered as a result of your work related injury. Your initial impairment rating will be performed by your authorized treating physician. However, if that rating is not fair, if it doesn’t properly characterize your degree of permanent injury, then there is a mechanism through the Colorado Division of Workers’ Compensation by which you can contest the inadequate permanent impairment rating. This mechanism is called a Division Independent Medical Examination (DIME, for short).
Important Deadline: After receiving your initial impairment rating in the Final Admission of Liability (FAL) filed by the insurance company, you have only thirty days to object to it. If you received a rating that you believe to be insufficient, you should speak with an attorney as soon as possible.
Colorado Workers’ Compensation Law and Attorney’s Fees
Work comp cases are generally handled by attorneys on a contingency fee basis, in other words, a percentage of the recovered benefits. The fees are governed by a Colorado statute called the Colorado Workers’ Compensation Act. In fact, nearly every aspect of a Colorado work comp claim is governed by the Colorado Workers’ Compensation Act. If you need to look at the Act, you can go to the Colorado Department of Labor and Employment, Division of Workers’ Compensation Web Site and click Workers’ Compensation Act.
The Statute of Limitations for Colorado Work Comp Claims
The statute of limitations in a Colorado workers’ compensation case is two years. To comply with the statutory requirements, a claimant (injured worker) must file a Worker’s Claim for Compensation with the Division of Workers’ Compensation within two years of suffering an injury on the job. If the insurance company accepts your claim (or an administrative law judge forces them to accept it), you will receive medical treatment until reaching a status known as “maximum medical improvement” or “MMI.” When you reach MMI, the insurance company will file a document called a “Final Admission of Liability” that details the MMI date and any permanent impairment as determined by the treating doctor.
Disputing the Insurance Company’s “Final Admission of Liability”
If you disagree with any part of the Final Admission of Liability, you have only thirty days to object in writing. You can dispute the claim that you are at MMI, your percentage of permanent impairment, your average weekly wage, or other issues.
If you feel that the date of MMI is incorrect or that the medical impairment rating is unfair, you can request a “Division Independent Medical Examination” (DIME) from the Colorado Division of Workers’ Compensation. If you do not object to the Final Admission of Liability within the thirty days, the claim is closed. However, it can be re-opened under certain circumstances. You should talk with an experienced lawyer to learn more.
For a free initial consultation with an attorney at the law offices of Kiel & Trueax, LLC, call us today at 720-256-2438 or contact us online. We will charge no fees unless wee are able to recover a settlement for you.