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$1.25 million dollar settlement for a 26 year old woman who sustained multiple injuries in a motor vehicle accident.
$750,000.00 settlement for a 42 year old man who suffered back and neck injuries in a roll-over motor vehicle accident.
$425,000.00 settlement for a 39 year old man who suffered a tibial plateau fracture in his knee when a truck pulled in front of him.
$300,000.00 settlement for a 17 year old woman who sustained facial injuries in a head-on collision caused by a drunk driver.
$300,000.00 recovered for a 34 year old man who suffered multiple injuries after striking an animal that wandered out onto a highway.
$305,000.00 settlement for a 19 year old woman who sustained a traumatic brain injury in a car accident involving a drunk driver.
$300,000.00 settlement for a 28 yr old woman who suffered an ankle injury when a truck turned in front of her at an intersection.
$250,000.00 recovered for a 54 year old man who sustained a back injury in a rear end collision.
$90,000.00 settlement for a 46 year old woman who suffered a broken foot in a trip and fall action.
Confidential settlement in a nursing home negligence action involving failure to diagnose an infection which led to the death of 59 year old man.
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Worker's Compensation
COLORADO WORKERS’ COMPENSATION SYSTEM
If you have been injured on the job, your employer is responsible for your medical bills, lost wages and other benefits related to your workers compensation injury. The Colorado statute governing workers compensation can be found at C.R.S. 8-42-101. By law, Colorado employers are required to have workers compensation insurance coverage. The benefits provided by the work compensation system are designed to take pressure off the injured employee while they recover from the work related injury. Unfortunately, all too often the employer, insurance carrier and even the work comp doctor work to reduce what the injured employee is entitled to receive. At The Law Office of Edward Smith, our lawyer work immediately to protect your rights when you have been injured on the job. We are the Colorado workers compensation lawyers serving in and around Colorado, Boulder, Longmont, Frederick, Louisville, Lafayette, Erie, Loveland, Broomfield, Ft. Lupton, Berthoud and fighting hard to get you the medical benefits, lost wages and disability benefits you deserve.
NOTIFYING YOUR EMPLOYER OF THE WORK COMP INJURY
When you have been injured on the job you must notify your employer as soon as possible. The statute allows the employer and insurance carrier to reduce your benefits if you wait longer than 4 days. If after telling your employer of the injury, they fail to file the claim, you have the right to file it directly with the Division of Labor.
LOST WAGE BENEFITS
If you are unable to work at all following your Boulder workers compensation injury you will be entitled to receive Temporary Total Disability Benefits ("TTD") These benefits equal two-thirds of your average weekly wage are lost wage benefits that will be two-thirds of your average weekly wage at the time you were injured. If you were working two jobs at the time you were hurt, income from both jobs will be used to calculate your average weekly wage.
Your TTD benefits will continue until one of the following events:
- You are released to go back to your job full duty
- You are released to return to work with restrictions and your employer has a job within the restrictions with the same pay and hours
- You quit your job or are terminated for fault
- You are placed at Maximum Medical Improvement ("MMI")
MEDICAL BENEFITS
When you report the work comp injury to your employer they will refer you to their Authorized Treating Physician or "ATP". This is a doctor or medical facility chosen by the insurance carrier or employer. These doctors are paid by the work comp insurance company and as a result, tend to minimize your treatment or find that you have no permanent injury when you are done treating. The employee has the right to request a different doctor and if the insurance company fails to respond, the employee can choose a doctor of their own. Unfortunately this rarely happens and the injured worker usually must continue to treat with the doctor of the insurance carrier’s choice.
Your medical benefits will continue until the treating physician believes that you have reached a point where no further medical treatment will improve your condition. At this point you will be placed at MMI. If you have reached MMI, yet haven’t fully recovered from your injury, you may be entitled to Permanent Partial Disability ("PPD") Benefits.
PERMANENT DISABILITY BENEFITS
If you have completed all medical treatment and you have not fully recovered, you may be entitled to Permanent Partial Disability Benefits. These benefits take into account the permanent impairment you are left with as a result of your workers compensation injury.
The treating physician or another qualified physician will determine the disability rating you have and insurance company will calculate the PPD Benefits. There are two forms of disability ratings depending on the part of the body injured. Whole person ratings include injuries to the head, neck, back and torso. Extremity ratings are given where the injury involves the arm or leg, or any part thereof. Shoulder injuries are often considered extremity injuries by the treating physician and insurance company in an effort to pay the injured worker less in PPD Benefits.
WHAT IF I FEEL I’M NOT DONE TREATING OR I DISAGREE WITH THE IMPAIRMENT RATING?
If you are placed at MMI and you feel that (1) you need more medical treatment and/or (2) you disagree with the impairment rating, you can request a Division Independent Medical Examination ("DIME"). If you request a DIME you will have to pay for the examination unless you qualify as indigent. The insurance company can also request a DIME if they feel the impairment rating is too high. The process involves the parties agreeing on a Level II accredited physician, if they can, to perform the exam. If the parties cannot agree on a doctor, the Division of Labor will assign a list of three doctors. The requesting party gets to eliminate the first doctor and the other party eliminates the second doctor and the remaining doctor performs the DIME. The decision of the DIME is binding on the parties and can only be overcome by clear and convincing evidence.
WHAT IF I WAS INJURED IN A CAR ACCIDENT WHILE ON THE JOB?
When you are injured on the job due to someone else’s fault such as a car accident or slip and fall accident, complex issues can come into play. The Colorado workers compensation insurance company will still be responsible for paying medical bills, lost wages, PPD, etc. You will also have a case against the at-fault party that caused your injuries. Cases involving other a parties allow you to recover damages not available under the workers compensation statute. If you do pursue a case against the person or company that caused your injuries, you will have to reimburse the workers compensation carrier for the medical and lost wage benefits they have paid out of your recovery. These cases can be difficult and having an lawyer on your side can be extremely helpful.
FREE IMMEDIATE CONSULTATION with workers’ compensation lawyer Edward Smith serving in Colorado, Boulder, Longmont, Frederick, Louisville, Lafayette, Erie, Loveland, Broomfield, Ft. Lupton, and Berthoud on the phone or contact us to schedule a free initial consultation in person at our office, your home or your hospital room. Additionally, you can contact us directly using the message center above after hours. Initial consultations are always free, immediate and confidential.
NO FEE UNLESS WE WIN - We handle Boulder workers compensation injury cases on a contingency fee basis which means you pay no fee until we reach a settlement or collect a judgment on your behalf. If we don't win, you don't owe us a fee.
WE ADVANCE COSTS - We advance all costs and expenses of your workers compensation case. It will cost you nothing to hire us to handle your case.
If you or a loved one has been injured in a workers compensation accident, or if you have lost a loved one due to a Colorado's workers compensation accident please contact The Law Office of Edward Smith.
Workers' compensation lawyer Edward Smith offer his servicers in Boulder, Longmont, Frederick, Louisville, Lafayette, Erie, Loveland, Broomfield, Ft. Lupton, and Berthoud, Colorado. Contact The Law Office of Edward Smith for a free initial consultation at 303-682-2944 or toll free at 877-794-3879, or use the "contact us" option on our website.
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