Insurance Benefits for an On-the-Job Injury
If you have been hurt in an accident on the job, then you are most likely entitled to claim disability and medical benefits through workers' compensation, also known as workers' comp. Workers' comp is a no-fault insurance system, so it is not necessary to prove that your employer is responsible for causing your injury or for allowing it to happen. Provided that you did not cause the accident through willful negligence, you should be eligible to recover benefits. You can receive full compensation for any treatment you may require to achieve the maximum medical improvement, which is the level of recovery at which your injury or illness has become stable and is not expected to improve any further with continued treatment. Workers' comp also pays disability benefits to help replace the wages you lose as a result of the injury so that you can continue to support yourself and your family. Unfortunately, many people are paid less than they deserve or even have their claims denied outright. You can greatly improve your chances of success in the situation by hiring an attorney from our firm to represent you in your claim. Read below to learn more about the various aspects of claiming workers' compensation benefits.
About Workers' Compensation Claims
Workers' Comp Benefits
The benefits available through workers' comp are intended to offset the significant economic impact of an injury on the job, including your costs for medical care and the wages you lose during your recovery or due to disability. The disability benefits are limited to only two-thirds of your normal wages, so it is important to ensure that your claim is approved for the full amount possible.
Workers' Comp FAQ
Make no mistake: Workers' compensation law is a complex subject. Fortunately, you can find answers to all your questions by speaking with a Colorado Springs attorney from our firm. Start with reviewing our answers to some of the most common questions about workers' comp benefits and appeals, and then contact us for a free consultation.
Types of Accidents & Injuries
A worker can be injured on the job in an almost endless variety of situations, but certain types of accidents are more common than others. Falls, electrocution, being struck by objects, and even motor vehicle accidents are some of the most widespread types of workplace accidents. These common accidents and their associated injuries make workers' comp an essential program for both employers and employees.
Filing for Workers' Comp
It is important to take action as soon as possible after being injured on the job by notifying your employer and hiring an attorney who can help you file your claim. We can assist you with gathering the necessary evidence for your claim and will work to ensure that your application includes all the necessary information to prove that you are eligible for full benefits.
Workers' Compensation Denials
It can be extremely frustrating and stressful to learn that your claim for workers' comp benefits has been denied, as it places you at risk of being unable to support your family and pay for the medical treatment you require to make a full recovery. Many denials are based on errors in the claim paperwork or a failure to include the necessary medical records or other documentation. These mistakes can be corrected during an appeal.
If your claim for workers' compensation has been denied, then you can contact us for help with appealing the decision. An attorney from our team can review your claim to determine whether you have been wrongfully denied, gather any additional evidence or medical records necessary to make your case, and represent you in an appeal to recover the benefits you need and deserve.
Workers' Comp Settlements
Workers' compensation benefits are typically paid out on a periodic basis, with the beneficiary typically receiving a check once every two weeks. The insurance company, however, will often offer a single lump-sum payment to settle the case. This has the advantage of allowing you to put the insurance claim behind you, but it is important to ensure that the settlement offer is large enough to pay you what you deserve.
Rights of Injured Workers
When you have been injured on the job, it is important to understand your legal rights in the situation. Remember: The insurance company, and even your employer, are not necessarily on your side. They want to minimize your claim or even deny it if at all possible. We can help you defend your right to fair compensation so that you can resolve this situation with the best possible financial and medical provisions for your recovery.
Unlike a personal injury claim, workers' compensation does not require that you prove that your accident was caused or contributed to by your employer. Workers' compensation is a no-fault system, so nearly any accident on the job is covered, provided only that you did not cause the accident through some form of willful negligence.
Suffering an injury at work can place you in a highly difficult situation. You not only have to cope with the pain and suffering of the injury but you also have to find a way to support your family while you are forced out of work to recover. Perhaps you have even sustained a permanent disability. To make matters worse, you have to figure out how to pay for the medical treatment you will require to make a maximum physical recovery.
The major downside to workers' compensation is the fact that it only pays a limited amount in wage-replacement benefits — only two-thirds of your average weekly wages. If it can be proven that a third party caused or contributed to the accident, then you may have grounds to file a personal injury or wrongful death claim to recover full compensation for your medical expenses, lost wages, and pain and suffering.
Many people who work in construction, the industrial sector, and similar types of jobs are exposed to toxic chemicals on a daily basis in the form of airborne particulates, liquids, fumes, and vapors. This often leads to the development of an occupational-related illness, such as mesothelioma caused by exposure to asbestos, for example.
Why Hire a Workers' Comp Lawyer
You have every right to file your workers' compensation claim on your own, but it is not advisable that you do so. Workers' compensation law is a complex subject, and the insurance company will likely do everything it can to minimize or deny your claim. You need an experienced lawyer on your side to guide you through the process and fight for your right to the benefits you deserve.
Speak with a Workers' Comp Attorney Today
We encourage you to contact us as soon as possible after you have been injured on the job. The attorneys of Clawson & Clawson, LLP serve clients in Colorado Springs and up and down the Front Range, from Pueblo to Parker and Denver. Our attorneys have earned accolades including a 9.9 Superb score on lawyer-rating website Avvo, as well as local honors such as the Best Attorney categories in the Best of the Springs and Best of Colorado Springs for 2012. One of our lawyers is even a member of the Multi-Million Dollar Advocates Forum®, a distinction achieved by less than 1% of attorneys nationwide. Contact us now for a free consultation to discuss the circumstances of your case and take the first steps in your claim for benefits. This may be a difficult experience, but we are ready to put our 90 years of combined experience to work for you!