Sometimes work-related injuries aren’t that bad, like a pulled back or a bruised bone. Sometimes they’re worse, like a torn ligament or a slipped disc.

And then sometimes they’re bad enough to be called catastrophic, because your life will never be the same. Serious brain injuries damaged spinal cord, paralysis, amputated limbs, or severe burns.

No one is mentally prepared for an injury of that magnitude, and sustaining an injury like that can have far more long-reaching mental and emotional effects than most people expect.

Often in catastrophic injury cases, it’s not difficult to convince a jury that you’ve been injured. The extensive damage speaks for itself, so you don’t need a lawyer who can explain your injuries. What you will need, however, is a lawyer who can create a thorough, comprehensive treatment plan for both physical and mental injuries so that you can be assured of getting the compensation that you deserve.

It’s far too easy to settle for less than you are owed, but unless you know how much money it will cost to be treated, you can’t possibly know what sort of payout is fair. One hundred thousand dollars may sound like a lot of money in the courtroom, but rising medical costs and expensive medical procedures will use up that kind of money faster than should be possible.

Without a representative who can fight to get you the full compensation that you’re owed, you may find that you can no longer work, and that you don’t have enough money to pay medical bills.

If you or someone you know has suffered a catastrophic injury due to someone else’s negligence, call an experienced lawyer today!

Throughout our entire lives we become accustomed to simple, visible cause-and-effects. You hit your finger with a hammer, and it hurts. You fall, and break your arm.

Those are easy to see, and easy to understand.

It’s far more difficult to understand the idea that small doses of a chemical over days, months, or years can cause serious health problems many years later. There’s no clear link.

In addition to making it hard for regular people to understand, it makes it extra hard for a court to make the connection. After all, that cancer could have come from anything. Do you smoke? Well, clearly it was the smoking.

No one wants to pay large amounts of money for someone’s else’s health care if they can avoid it, so companies will find every excuse not to pay you. Anything you do can become ammunition for them to use to deny you your payments.

The fact of the matter is that workers can easily be exposed to harsh, cancer-causing chemicals that may take five, ten, or even twenty years to cause cancer, but their progress is inexorable, and the cause-and-effect chain is made of steel.

If you suspect that you’ve been exposed to chemicals that may cause serious illnesses in several years, or if you’ve already developed an illness that you think was caused by chemical exposure on the job, you should contact a lawyer as soon as possible to ensure that you have someone on your side, advocating for you to get what rightfully belongs to you.

Everyone knows what it’s like to buy a piece of defective equipment, whether it’s a toaster that doesn’t work, or a shirt with a ripped seam. Generally today we just take those things back to the store and they replace them or refund them.

But what happens when you’re using a piece of equipment at work, and it breaks? If there’s no injury involved, you just report it to your boss and go on with your day, but what if that piece of equipment is responsible for you getting injured?

Companies never want to pay extra money to their employees if they can help it, so in cases like that, they’ll try to shift the blame. They may blame it on a manufacturer defect and claim that it isn’t their fault, or even try to say that the accident was nobody’s fault.

The fact of the matter is that if you get injured on the job for ANY reason, it’s somebody’s fault, and you deserve compensation.

The law is often confusing and difficult to understand, which is why if you’ve been injured by a piece of equipment, defective or not, you should contact an attorney experienced in workers’ compensation in order to help get the compensation that you deserve.

Don’t let corporate rhetoric stop you from getting compensated for your injury, especially if that injury prevents you from working in the meantime. Being injured can change your entire life, and you need to fight back!

Brain injuries can be some of the most difficult cases when it comes to workers’ compensation, but they can also be some of the most expensive.

Brain injuries have the problem of not being outwardly visible, so they can be very difficult to diagnose and treat, and even more difficult to convince others to pay for. To make matters even worse, many brain injuries don’t manifest immediately. So you can feel ‘fine’ after a concussion, but then hours later you may suddenly fall unconscious, or not be able to remember your name.

It’s much easier to get compensation for something like a broken leg, because everyone can see that the leg is obviously broken. But when it comes to brain injuries, there will always be someone who suspects that you are just ‘making it up’.

Symptoms can be as straightforward as loss of consciousness, or as subtle as mood swings, but both cases need extensive, expensive treatment.

That’s why it’s so important to have a good attorney on your side when you’re trying to get the compensation that you deserve for a work-related injury.

If you’ve suffered some sort of head trauma while on the job, you should really consider visiting a specialist to get tested for a brain injury. Some of the symptoms may be so subtle that you aren’t even aware of them. It often takes someone else to say, “You know, you’ve been acting really strange ever since…”

The longer you wait for treatment, the worse it can be!

The U.S. Department of Labor announced that former workers that worked in the uranium mills in Grand Junction, Gunnison, Maybell, Durango, Nucla, Naturita, Rifle, Slick Rock and several other locations may be eligible for government medical benefits and compensation from radiation related illnesses and diseases. The U.S. Energy Department ruling increased the list of mill tailings plants from three to twenty.

The change was spurred by last month’s decision regarding the Uranium Mill at Shiprock, New Mexico, that determined the mill workers fell under the Energy Employees Occupational Illness Compensation Program Act. Once this decision was in place, a survey was conducted that identified the additional plants that met the statutory definition of controlled radiation facility. These mills dated back as far as 1942, however the benefits may only extend to illness claims up until the year 2000.

The U.S. Department of Labor will be notifying eligible workers about potential benefits via mail. However, those workers from the mills who feel the new announcement may affect them may want to contact an experienced Colorado workers compensation attorney to ensure that they receive the maximum amount of benefits and compensation.

When you have reached maximum medical improvement and received an impairment rating following treatment for your Colorado workers compensation claim, your insurance will issue a Final Admission of Liability or a General Admission of Liability. In short, this is a list of the benefits that the insurance company believes you should receive for your injury.

This documentation is one of the single most important pieces of paper you will receive during your Colorado workers compensation claim, and unfortunately it doesn’t include all of the facts. When you receive the Final Admission of Liability, this is the paperwork that the insurance company is required to have to close your case. Typically, they don’t include any documentation regarding deadlines, or any of the other information you need to protect your rights. Enlisting the help of an experience Colorado workers compensation attorney, if you haven’t already done so during your claim process, is a must at this stage. If you have any permanent impairments resulting from your workplace injury, you simply cannot afford not to have an attorney to help you get the maximum benefits.

Facts Your Insurance Provider Will Not Tell You

• You must file an Objection to the Final Admission within 30 days from the date postmarked on the envelope or the date on the letter, whichever is earlier.
• Missing the deadline means you may be stuck with whatever the Final Admission of Liability States
• You must request a hearing or a Division Independent Medical Examination (DIME) within that 30 day period
• The insurance company will not, nor is it required to, provide the Objection to Final Admission or the Notice and Proposal to Select a DIME. You will have to secure these forms on your own, and have them submitted within the 30 day period, typically without exception
• If you choose to exercise your right to a DIME, your insurance company knows which doctors on the list will favor their case. You need an attorney with the same insider information to defend you during the selection process.

If you have received a Final Admission of Liability, or expect to reach your maximum medical improvement, and have not hired an attorney to represent you, now is the time.

As you near the end of your treatment plan for your Colorado workers compensation claim, you will likely begin to hear the phrase maximum medical improvement, or MMI. Many people incorrectly assume that being signed off as MMI only happens when you are completely recovered from your Colorado workplace injury. In reality, you reach maximum medical improvement when you have reached the point of your treatment that the doctor feels is the best you are likely to recover. When your condition looks as if it will not significantly approve, your doctor will notify your workers compensation adjuster that you have reached MMI.

What Happens Next?

Unfortunately, many people are a long way from feeling great when they hit this important milestone in their Colorado workers compensation case. You will see a doctor whose job it is to determine the level of your impairment. A rating is given that puts a value to the percentage of loss you have sustained as a result of the original injury. If your rating is severe enough, you may qualify for permanent disability at this time. Once your insurance provider knows the impairment rating, they will issue a Final Admission of Liability.

What if I Disagree With the MMI?

If you disagree with the doctor’s determination that you have reached your maximum medical improvement, you will have the ability to dispute the determination. It is best to enlist the help of an experienced Colorado workers compensation attorney at this point, as contesting the maximum medical improvement determination can often be challenging to overcome. An application is required, and if granted you will have the opportunity to see an independent doctor for an evaluation.

Occasionally, situations will arise that require someone who has been injured in the workplace and has a Colorado workers compensation case to move out of state. Most commonly, this occurs when the injured person must move in with family due to an injury sever enough to cause an inability to work or care for themselves properly. When these situations arise, it is best to have an experienced Colorado workers compensation attorney to assist you, so that you may be able to continue to receive the medical care you need in your new state.

There is no doubt that it can be significantly more difficult to obtain medical treatment as part of your workers compensation benefits once you move. The following steps should be done by your attorney to ensure there are no snags in your plans.

Step 1: Notify the workers compensation claims adjuster in writing of your move. Include your name, new address, new phone number and any other documentation needed.

Step 2: Contact your Colorado workers compensation claims adjuster to see if they have a preferred medical provider for the area you are moving to.

Step 3: Contact doctors in your new state to find one that will accept the Colorado fee structure and payment options for their services. Not all doctors will be willing to work with Colorado’s requirements, so you must shop around before your move.

Step 4: Obtain authorization from the Colorado workers compensation claims adjuster for out-of-state care with the doctor you have chosen.

Step 5: Complete your treatment with the new doctor. When you are released from his or her care, if you are diagnosed with a permanent disability be certain to follow the adjuster’s process for traveling back to Colorado to have your impairment rating determined. The adjuster will typically pay for this trip.

There has been ongoing discussion and news reports about the growing number of Americans that are addicted to prescription pain medications. In an effort to curb prescription drug addictions and prevent death by overdose, the Colorado Workers’ Compensation Division is considering changes that will affect the way prescription pain medicine can be prescribed in workers compensation cases.

These actions are in response to the White House Office of National Drug Control Policy’s reports showing that the milligram-per-person use of prescription opioids has increased dramatically in recent years. Typically, doctors increase the dosage when pain is not being managed, but this increase, combined with ongoing use, is what is most likely to be the cause of opiate addiction.

In Colorado workers compensation cases, chronic pain that is being treated by prescription painkillers is a trigger for the guideline that requires the patient’s urine to be tested. The downfall with the guidelines is that there is no specific dosage that calls for precautions to prevent addictions.

Washington state has led the way in making changes to prescribing guidelines, and it is likely Colorado will follow in Washington’s footsteps. Doctors in Washington are prohibited for increasing the daily opioid dose above a daily morphine equivalent of 120 milligrams. This increase is only to be used when the patient is not improving in functionality or without consulting with one of the state’s pain management experts. The reason for the consultation is to be sure that there is an agreement regarding the risk factors versus benefits.

If changes to the guidelines will negatively affect your pain management, consider consulting an experienced Colorado workers compensation attorney.

Imagine that you were involved in a workplace accident that left you with a back injury. You follow all of the steps required, see a doctor, and eventually get better. You are signed off as having reached your maximum medical improvement, and go on about your life. Months later, the pain comes back without warning or additional injury, and your personal doctor finds there were issues not addressed, and you must stop working.

Are you entitled to benefits for the injury, if you already agreed to be discharged as healed?

According to a recent case that went through the courts in Colorado, the answer may surprise you.

Elaine Loofbourrow worked as a manager in a fast food restaurant. While covering someone else’s shift, she injured her back. After a month of care, she was discharged and feeling great. Three months later the pain comes back, and her physician finds that she has a bulging and torn disc. The pain increases to the point her doctor said she can no longer work, and her employer’s insurance denied her claim.

Under previous guidelines and rulings, Ms. Loofbourrow would have been left in a bad spot, with no income or workers compensation benefits. But when she pressed the issue, the courts sided with her. The determination was that an injured worker that has reached maximum medical improvement may still have later issues related to the workplace injury. After a long court battle, she was able to receive the benefits that she deserved.

If you or someone you care about are in a similar situation, and having ongoing difficulties from a workplace injury that had reached maximum medical improvement, don’t give up hope. With the help of a qualified Colorado workers compensation attorney, you may still receive the benefits you need and deserve.

One of the most frustrating aspects of having a workers compensation claim is that your employer, or your employers insurance, has control over the medical professionals you see during your treatment. Under Colorado law, your employer has the right to select the provider, so what do you do if you aren’t happy with the medical professional chosen on your behalf?

The majority of employers are required to provide a list of medical providers for you to choose from. If you choose poorly, or your treatment isn’t going as planned, you may have options. You are generally permitted one change of doctors during your treatment, as long as it is from the list provided by your employer. You must properly notify and record the change, so seek the help of the Division of Workers Compensation or an experienced workers compensation attorney to assist you. If you fail to submit the proper paperwork and notify the proper parties, your coverage may be terminated.

If you didn’t receive a list of providers to choose from, you will need to request a change. To start with, ask your employer or your employer’s insurance company if there is another medical professional you may see. If they permit a change, be sure to get notification of the change in writing. They are not required by law to change providers at your request.

Do not miss any scheduled appointments during the wait for a change of doctors. If you miss a scheduled appointment, you will be sent a notification of rescheduling. If you do not receive this notification, contact the insurer or the medical provider for rescheduling information, as missing the rescheduled appointment could result in the termination of your claim and future benefits.

No employer wants to see an employee injured on the job. When accidents that result in injury do happen, it creates a lot of complications for the employer. The company may have OSHA inspections if the accident was safety related, may face fines or lawsuits, will have decreased productivity due to having a worker out with the injury and will have to handle the workers compensation claim process.

When you are injured on the job, you must notify your employer of the accident. The company then has ten days to report the injury to its insurance company. Once the accident is reported, the workers compensation claim process begins.

If your company fails to report the injury to their insurance, does not provide you with an Admission of Liability, or does not have workers compensation insurance in place, you must file a claim with the Colorado Division of Workers Compensation Customer Service Unit.

Navigating the waters of filing a claim if your company denies liability for your injury can be challenging, especially if your accident has left you seriously injured. If you find yourself dealing with a resisting company, an experience Colorado workers compensation attorney can help you get a resolution that covers your medical and financial needs.

If you work for a Colorado business and are injured on the job, there are specific steps that you should take to ensure the least amount of hassle in regards to having your expenses covered.

1. First, decide if your injury is a “life or limb” threatening injury. A life or limb threatening injury is an injury severe enough that it could cause death or serious damage to your body if not treated immediately. If your injury is life or limb threatening, seek medical attention immediately. If not, notify your employer verbally before seeking medical attention.
2. Colorado law requires you to notify your employer of your injury in writing within four days of your injury. Even if you had verbal communication about the injury, you must send written notification within four days.
3. See the medical professional your employer tells you to see if they tell you before or at the time of the injury which medical facility to go to.  If they do not tell you to see a particular provider, you may choose whomever you prefer.
4. Seek the assistance of a Colorado workers compensation attorney if you have any difficulties during this process.

Failure to report your injury in a timely manner does not mean that you cannot make a workers compensation claim. You can be penalized up to one day of compensation per day that passes before you report the injury in writing. If your employer challenges your choice of medical providers and did not direct you to a specific provider, seeking the help of an attorney may help you recoup any medical expenses you incurred.

Often, the line between independent contractor and employee are blurred. Many companies try to pass employees off as independent contractors to eliminate the need for costly benefit packages. Just because a company claims someone is an independent contractor does not mean that they can get away without providing workers compensation benefits.

The definition of an independent contractor, per the Colorado Department of Labor and Employment, Division of Workers’ Compensation Employee Guide is providers of labor or services that are:

• Free from control and direction over the means and method of performing work
• Customarily engaged in an independent trade, occupation, profession or business related to the work being performed

You may think that if you have a contract signed with the employer stating that you are an independent contractor, or if you receive a 1099 from the company for tax purposes that you are unable to make a workers compensation claim on the basis of being a contractor. However, the documentation may not rule over the facts of how the work is done.

If you are indeed an independent contractor, you are limited to $15,000 in damages if you are injured on the job and file a civil suit, so it is very important to speak with a qualified Colorado workers compensation attorney if you are injured on the job and listed as an independent contractor.

Sometimes, a workplace injury can leave you partially disabled and unable to perform the same type of work that you did prior to your injury. If you have been told you are able to work, but not able to return to  the same work, you will likely need assistance in finding new employment. You have the right in many workers compensation situations to have your vocational rehabilitation expenses covered.

Some expenses you might incur for services related to finding a new line of work include:

Career Counseling

You may need to meet with a licensed career counselor or other type of occupational therapist tohelp you explore your goals and opportunities. Often these services include personality assessments, transferable skills analysis and testing and interview coaching.

Education and Training

It may be possible that the type of work you can now do is completely unrelated to what you did prior to your injury. For example, if you were injured on a construction site and can now only do work that requires you to sit at a desk, you may need to return to school for a degree or certification to enable you to secure a position in fields with suitable requirements.

Resume and Job Search Services

If you are changing industries due to your accident, you may need the help of a professional recruiter, staffing firm or resume writer. There may be costs associated with the services these professionals provide, and it may be possible to have these fees covered.

If you need assistance with a major career change after a worker’s compensation related injury, contact the Law Office of Mary Jeffers today.

The Division Independent Medical Examination, or DIME, process happens after an injured worker is deemed at maximum medical improvement, or MMI, and released from care. An impairment rating is given by the authorized workers compensation physician to determine the outcome of your care. The Colorado Workers Compensation rules allow you the right to contest the decision made by this physician by going through the DIME process.

During the DIME process, a separate independent doctor will review your records, perform an examination and give his or her opinion. This process allows you the option of second opinion, and may be the only option for seeking additional treatment after being released from your physician’s care and determines if you were assigned the correct impairment. When you consider the fact that the impairment you were given will determine the amount you receive in workers compensation, this second opinion can have a lifetime impact.

Having a Colorado workers compensation attorney during the DIME process is a must. If you and the insurer cannot agree on a doctor, the Division of Workers Compensation will randomly choose a panel of three doctors. You will have the ability to strike one name off the list, and the insurance carrier will also strike one name off the list. The remaining name is the physician that will perform the DIME exam.

The problem with this is that insurance providers typically know which doctors will side with the worker, and which will side with the insurance company. The insurance company will strike the name from the list that will most benefit you. Having an attorney that specializes in workers compensation may be the difference between choosing a fair doctor, or unknowingly selecting one that will be detrimental to your case.

Low-wage workers in eight states, including Colorado, will be celebrating more than just the New Year on January 1^st, as the state mandated minimum wage increases. Colorado workers currently earning minimum wage will receive a $0.28 per hour raise with the start of the New Year, and will be earning $7.64 per hour in 2012. This comes out to $582.40 for workers with a full-time, 40 hour a week, schedule.

There is some debate on how minimum wage increases effect the local economy. Some experts believe that the increase of minimum wage encourages spending and boosts the local economy, while others believe that the increase in wages decreases the number of hires a company will make, thus having a negative effect.

In addition to the increase in Colorado minimum wage, businesses will also see their Colorado workers compensation insurance rates increase in 2012. When combining these two, it’s possible the job market may not grow as much as some would hope in 2012.

Regardless of the effect the increases have on the businesses, the news is good for those currently working in minimum wage positions. The yearly earnings of a person making minimum wage in 2012 will come out to $15,891.20, which is $4,752.20 more than the federal poverty level established in 2010 by the Census Burea.

RPI Coating Inc., based in Santa Fe Springs, California, was ordered by a federal judge to pay more than $1.5 million to surving family members of five victims of a fatal accident that was a violation of OSHA standards. The victims perished while relining a tunnel at the Georgetown, Colorado hydro plant when chemical vapors ignited in the tunnel and blocked their escape.

A report was issued by the U.S. Chemical Safety Board last year that stated that Xcel (the parent company and RPI failed to implement proper procedures for the safe handling of flammable liquids along with the hazards of static discharge. They were also found to not have proper emergency response and rescue or fire prevention procedures in place.

In addition to the settlements made to the victim’s families, the company is required to pay a $100,000 penalty to the Occupational Safety and Health Administration and is placed on probation with OSHA for five years. Should another willful safety lapse happen, the company could be fined up to $2.5 million.

The plea deal approved by the judge on December 19, 2011 dismissed the charges against Phillipe Goutagny and a second company executive. The deal that was struck requires the surviving family members to drop any lawsuits that sought damages against RPI.

This case was a rare example of a corporation being charged criminally for safety violations, and will hopefully serve as a valuable lesson for other companies in regards to employee safety standards and practices.

Make sure you read the title of this blog again, and let’s reiterate it: the insurance company is not your friend. Yes, they are the ones who will eventually be paying the money and compensation to which you are entitled, should you suffer a personal injury at work, but they will do anything and everything they can to avoid paying you the benefits you deserve, unless you’ve got a qualified Colorado workers compensation attorney in your corner.

Insurance companies don’t make money by paying money. It’s been said many a time that insurance is the one service for which you pay, that you hope never to have to use. In many cases, personal insurance companies will raise rates or cancel insurance coverage the moment you use it. While that’s not the case with mandated workers compensation insurance, adjusters will go out of their way to find reasons to deny a workers compensation claim. Again, they don’t make money if they’re doling it out and make no mistake: the insurance industry is a business.

Denial of a claim can be disastrous for the injured party. It means you have to pay all those medical bills yourself, and you aren’t entitled to any compensation for your injuries, which means if you’re not able to work, you could be in real trouble.

However, just because you’re on the receiving end of a denied workers compensation claim, it doesn’t mean the game is over. A good Denver workers compensation attorney will step up to the plate and fight for your corner—the attorney can help you battle against the claim, and it is true that the attorney is your friend. The difference between an attorney and an insurance company is that the attorney does, in fact, make money by fighting for what you deserve.

Most good Colorado workers compensation attorneys will tell you that just because you’re injured on the job, and just because you deserve compensation for that injury, it doesn’t mean that you’ll always get the compensation you deserve.

The system in place for workers compensation is extremely complex and difficult to navigate, and isn’t one that anyone should tackle without expert assistance. It’s full of loopholes that have served the purpose of allowing unscrupulous individuals to commit instances of workers compensation fraud, and has all too often allowed insurers and employers to escape having to pay out altogether.

Take, for example, the idea of what physician you can see if you are injured at work. Many people don’t realize that you might not have the option to see your family doctor or primary care physician as part of a workers’ compensation claim—your employer has the right to determine which doctor you can see.

There is also the factor of claim denials.  Many people might just give up if their claim is denied, but this doesn’t have to be the end of the story. You can fight to have the claim reviewed again, and indeed, many claims adjusters will go out of their way to find reasons to deny your claim.

Keep in mind also that compensation laws vary from state to state. Colorado workers comp may be very different from the laws in another state, and even if it’s similar, the devil, as they say, is in the details.

There are many other reasons why workers comp isn’t something you should tackle alone. A qualified Denver workers compensation attorney knows all of the ins and outs, all of the pitfalls and traps that are inherent in the system, and they can help you to avoid or overcome these road bumps by offering advice and help in dealing with insurance companies and employers.