Denver Workers’ Compensation Lawyer

The Frickey Law Firm Denver is a growing community that draws in new people regularly. With the sixth-fastest growing economy in 2022, and fast-growing industries such as Agtech, aerospace, food and beverage manufacturing, oil drilling and gas extraction, and more, Denver has all the ingredients for a competitive, sustainable, and industrial economy and community.

Those industries also come with the possibility of being hurt at work. Work injuries can change your life, stopping you from enjoying all the outdoor activities and other amenities living in Denver has to offer. Whether you miss out on a single season of skiing or learn that you can never walk again, a workplace injury can have a significant impact on your life, as well as your family’s life.

Workers’ Compensation may not be able to return you to life before the accident, but it can help you survive while you recover and find a new normal when life is changed permanently. In these situations, getting guidance from a skilled workers’ compensation lawyer in Denver can be essential to make sure you get the support and compensation you deserve.

The Frickey Law Firm is located at 940 Wadsworth Blvd #400, Lakewood, CO 80214 just a couple blocks north of the Highway 6 & 21 Interchange. If you’ve been injured at work, you need a highly experienced team in your corner. Contact the award winning Denver workers’ comp lawyers us at 303-237-7373 today, or fill out a contact form to schedule for a free evaluation of your workers’ compensation claim.

Recent Review:
“I had an extremely complex worker’s comp case stemming from injuries sustained at work. Feeling exhausted not only from my injury but incurring a constant battle with worker’s comp daily, denied claims and the dictation of my care I sought out legal advice. This is where the healing began. I am so thankful for my attorney Erin Montgomery for fighting this battle for me… Due to the complexity of my case, I had one major court hearing in which I had to testify and another where I was set to testify but the opposing council agreed to pay out the medical necessities in my favor. Erin spent countless hours prepping for these hearings and it showed as we won both hearings and I was granted the necessary medical care to greatly improve my quality of life… Erin is a professional who is well versed, highly experienced, knowledgeable and an expert in fighting for injured workers. I highly recommend Erin Montgomery and because of her and her highly skilled team (Stefani Almada) I now have my life back.”
Verified review from Melissa V. on Google

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How Does Workers’ Compensation Work?

Colorado law requires all employers with one or more employees to have Workers’ Compensation insurance. This law also provides rules your employer must follow regarding on-the-job injuries, such as reporting the accident within a certain time frame. If you are injured at work, Colorado Workers’ Compensation provides fast, no-cost access to medical care to assess and treat your injuries. You are not required to pay any co-pays, premiums, or other costs associated with a Workers’ Compensation claim.

The costs fall entirely on your employer and the insurance company. There are two reasons for this. First, it allows you to get fast treatment after a work injury without needing to prove your employer was responsible for your injury. You simply report the injury, follow the required steps to verify your income, and get treatment.

The second purpose is to ensure an injured worker is kept financially stable as they recover. If you are injured at work, you will already be stressed about paying your bills while you are unable to work. Workers’ Compensation pays all workplace injury-related medical bills and provides a portion of your salary while you are unable to work. This reduces the financial burden you have as a result of your injury, which can reduce your stress and help you recover more quickly. It also provides additional benefits depending on how bad you’re injured.

What Can I Receive in Workers’ Compensation?

Colorado Workers’ Compensation provides several benefits. Some are standard regardless of the injury, while others are only available for severe, long-lasting, or permanently disabling injuries.

Covered Medical Care

Workers’ Compensation pays for all covered medical care for any workplace injury. Your employer will provide you with a choice of hospitals and doctors that are covered by their Workers’ Compensation insurance. If your injury requires additional care from specialists or physical therapy, you will be given referrals or options that are covered by Workers’ Compensation. All bills from these providers will be sent directly to the insurance provider, so you don’t need to do anything except go to all appointments and follow the treatment plan your doctor gives you.

Temporary Partial Disability

This benefit is paid if you can work while injured, but are not able to work as you did before the injury. This may mean you are not earning your normal pay or not working your normal hours. This might happen because you are placed in a different job due to your injury, can only work a certain number of hours, or are limited in what you can do.

This benefit is determined by finding the difference between what you would have made pre-injury and what you are currently making due to the limitations of your injury. That difference is 2/3 of the difference between what you were earning when you were injured, and what you are earning because of limitations from the work injury.

Temporary Total Disability

Some injuries will limit your abilities so much that you can’t work or your employer is unable to provide work to within your restrictions until you have recovered or until you have reached a certain level of improvement after the injury. In these cases, you may be eligible for temporary total disability. This benefit is paid when the doctor says you cannot work at all or places restrictions on you that your employer can’t allow.

Temporary total disability benefits are paid at two-thirds of your normal wages every two weeks. It is also important to note that this benefit only applies if the doctor takes you off work or places restrictions that cannot be accommodated. If you feel that you cannot work, but your doctor disagrees, you may want to speak with an experienced Denver workers’ compensation attorney at The Frickey Law Firm to learn more about your legal options.

Permanent Total or Partial Disability

Unfortunately, some injuries are so bad that there is no “full” recovery from them. With these types of injuries, you may still have limitations or disabilities after you have reached what is called maximum medical improvement (MMI). MMI means that the doctor has treated you and believes that continued treatment will not lead to further improvement. When this happens, you may not be able to return to your previous job duties with the limitations or disabilities that you now permanently have, so Workers’ Compensation may pay permanent partial or total disability benefits.

Replacement income if Your Injuries Prevent You From Working

Once your claim is accepted, if you are unable to work, you are entitled to temporary disability benefits. These will not start until after you have missed three shifts. However, if you can’t work for more than two weeks, you will also receive those first three shifts’ pay after the first two weeks.

Mileage and Parking for medical care

You can also be reimbursed for mileage for medical visits and picking up injury-related supplies and medications. Mileage must be submtted for reimbursement within 120 days of the date the expense occurred. Your adjuster should provide a form to you so you can document your medical mileage.

Workplace injuries can be minor or severe. Be sure to notify your boss or manager about the injury. Give them a detailed account of what happened, including the date, time, and location of the incident. Try to do this in writing so you have a record of reporting the accident.

If you are injured, go to the doctor. For severe injuries, such as bleeding that will not stop, amputations, or possible spinal or brain injuries, you should call 911 and get emergency treatment. For other injuries, you can report the injury to your employer and get the names of approved providers.

Take pictures of the accident area, including anything that may have caused the accident. If anyone saw the accident, try to get their contact information. Once you have received medical care, you will report (or finish reporting) your injury to your employer. You will want to make sure that this includes a written report. If your employer does not write a report, you should write one yourself.

While Workers’ Compensation will compensate you for your injury regardless of fault, your compensation may be reduced if you broke company safety rules. Therefore, evidence and witnesses who can prove that you did not ignore company safety rules can be critical to your claim.

Finally, in addition to reporting your injury to your employer and the workers compensation insurance company you will need to file a claim form with the Colorado Division of Workers Compensation so they have documentation of your work injury. This needs to be filed within two years of the date of your injury. If your claim is denied, a safety rule reduction taken by your employer, or you have permanent disability, we can help.

You should continue to get medical care as directed by your doctor. Failure to continue medical treatment can result in your claim being denied or closed.

Most Common Work Related Injuries

Work injuries range from minor injuries to catastrophic ones, including death. The circumstances surrounding each injury, even between two people with the same injury, can be very different. However, some workplace injuries happen more frequently than others. The top ten workplace injuries as listed by Workers’ Comp insurance companies are:

Overexertion, Strains, Repetitive Task Injuries: Overusing a muscle or muscle group, or moving a muscle or joint in a certain way, can lead to overexertion injuries. For example, if you overextend your arm or shoulder when lifting something heavy, you may suffer an overexertion injury. While these injuries may sound minor, they can require expensive physical therapy or rehab to recover.
Slips/Trips and Falls: Slip and fall, or trip and fall injuries, are common. Rushing from one place to another, working on a wet or dangerous floors, certain shoes, and other factors can contribute to a slip and fall. Slip and fall injuries can cause injuries to the head and back from landing on the floor, wrist sprains or breaks from trying to break the fall, or cuts and bruises from banging into nearby equipment, shelves, poles, or walls as you fall.
Falling from Heights: Falling from a roof, scaffolding, cherry picker, ladder or working on an elevated work platform can cause serious injuries The greater the distance you fall, the more devastating the injuries can be, including the possibility of fatal injuries. These injuries are more common in construction and maintenance jobs.
Bodily Reaction To Potential Injury: If you have ever tried to stop yourself from falling, you might have thrown your hands out to keep your face from hitting the ground or grabbed a co-worker’s arm or shoulder. When these attempts to break a fall result in an injury, such as a sprained or broken wrist, arm or shoulder, that injury is known as a bodily reaction. These types of injuries often happen when someone is trying to avoid an injury, but may cause a different injury.
Struck by an Object: Being hit by something such as an item falling off a shelf or a coworker throwing something. is very common, and can cause serious injuries. Getting hit by something can result in serious injuries like neck injuries and concussions.

Falling Into or Striking An Object: When you stumble and fall into a shelf or machine or are pushed into another object by a coworker, this is a struck-against-object injury. These can lead to head injuries, spinal injuries and broken bones. They are common in warehouse and manufacturing environments, where employees try to maneuver out of the way of a forklift or other heavy equipment and end up hitting an object.
Motor Vehicle Accidents: If you drive as part of your job for an employer, or are driving at the request of or for the benefit of your employer you are at risk for injuries from a car accident. These injuries are quite common among truck drivers but can happen to anyone driving. Even if you are at fault, you are still entitled to Workers’ Compensation benefits. Injuries from vehicle crashes can range from minor cuts and bruises to whiplash, concussions, spinal injuries and other types of life-threatening injuries.
Machinery and Heavy Equipment Accidents: Machinery accidents can be fatal, which makes them some of the more serious injuries. You can be injured by using a machine incorrectly or if a machine is not properly maintained. You can damage or lose a limb if a machine malfunctions. If you sustain an injury of this type, one of the first things The Frickey Law Firm will do on your behalf is to investigate the accident including requesting OSHA reports and asking for detailed records including machine maintenance and training manuals to determine whether the machine was maintained correctly and that you were properly trained to use the machine.
Repetitive Motion Injuries: Strains, sprains, and carpal tunnel syndrome are examples of repetitive motion injuries. As their name implies, these injuries result from making the same motions repetitively in the course of doing the employee’s job. These injuries are common in jobs that require repetitive motions, such manufacturing and assembly line jobs.
Workplace Violence: Workplace violence, including incidents such as robberies or being assaulted by a coworker, is a surprisingly common source of workplace injuries. Workplace attacks can cause life-threatening injuries and extensive psychological struggles that are long-lasting. To be covered by Workers’ Comp, the act of violence must be connected to your job. If it is a personal dispute that happens to take place in the workplace, it is not likely to be covered.

While there is no way to prevent injuries entirely, knowing which ones are the most common allows you to be aware, pay attention to safety rules, and reduce the possibility of being injured in the workplace. If you have any questions, contact the attorneys at the Frickey Law Firm for expert guidance.

How Do I File a Workers’ Compensation Claim?

The Frickey Law Firm will help you with EVERYTHING you need to do to file a workers’ comp claim. The steps to filing a Colorado Workers’ Compensation claim begin with what you do after being hurt at work. After reporting your injury to your employer and getting medical treatment, the Colorado Department of Labor and Employment (CDLE), indicates that you should report the injury to your employer in writing within 10 days. Failure to report the injury in writing may result in your claim being denied or a penalty being applied to your benefits.

Filing a written report with your employer is not the same as filing a Workers’ Claim for Compensation form (WC 15) with the Colorado Division of Workers Compensation CDLE. Legally, you have up to two years to file this form, but if your claim has been denied or your employer has not admitted to and begun to pay you workers compensation benefits you will want to contact the Frickey Law Firm to help you with this filing. Once you’ve filed, the insurer has 20 days to deny your case or approve it and start paying your benefits.

If the insurer denies your claim, we can request a hearing to get your workers compensation benefits. We will help you with filing an application for hearing to have a judge determine what benefits you are entitled to. A knowledgeable Denver work injury lawyer with The Frickey Law Firm can assist you with requesting a hearing.

If your claim is approved, it is important that you continue to keep your medical appointments and follow the doctor’s orders until the doctor says you have reached maximum medical improvement (MMI). If you stop treatment before a doctor declares you have reached MMI and releases you from care, your Workers’ Compensation claim may be closed and you may not receive further benefits, even if you are entitled to them.

How Can a Denver Workers’ Compensation Attorney at The Frickey Law Firm Help You?

Whether you have just been injured and are not sure what to do next, or your claim has been denied, or you have learned that your employer does not have Workers’ Compensation insurance, the experienced workers’ compensation attorneys at The Frickey Law Firm can help you. From notifying your employer, filing your claim, helping you obtain medical care, applying for a hearing, requesting additional medical care and ensuring you get all the benefits you may be entitled to, we are here to assist you every step of the way.

File your Workers’ Compensation Claim

Workers’ Compensation claims are complicated. Your employer has a workers compensation insurance company looking out for them, you should have someone looking out for you. You are entitled to a choice of four doctors to provide medical care to you. Failing to get that choice allows you to select a doctor of your choosing. Our workers’ compensation attorneys can assist you with determining whether you are entitled to a change of doctor and filing your claim so that you begin receiving benefits as soon as possible after your injury.

Make Sure Your Claim Is Detailed

A Workers’ Comp claim requires a lot of detail, including medical information, lost wages, and when, where, and how the accident happened that if not properly completed can effect your entitlement to benefits and outcome of your claim. Making sure all these details are included can help your claim be approved more quickly. The Frickey Law Firm can assist you in making sure your claim is being processed and handled quickly.

Ensure You Have Applied for and Are Receiving All Appropriate Compensation

From medical bills to lost wages to temporary or permanent forms of disability, there are several types of compensation you may be eligible for as a result of a workplace injury. Many employees do not realize exactly what compensation they may be entitled to because they are not familiar with this confusing system. An experienced workers’ compensation attorney at The Frickey Law Firm can assist you in understanding which compensation categories apply to your case and help you get them.

Ensure You Are Fairly Paid

Your employer or their insurer may understate or fail to include certain benefits in determining your lost wages or in calculating your lost income. They may attempt to pay you less than you are entitled to or not pay you a form of compensation you are entitled to. A workers’ compensation attorney can go over your claim and ensure that you are being paid the amount you are entitled to and if not, correct any mistakes or errors to ensure you are receiving the correct pay going forward as well as back pay.

Help You Navigate Each Step of Your Claim

There are many steps to a Workers’ Compensation claim. Understanding each stage and what to do can be crucial to ensuring your claim is properly paid. An attorney can assist you in getting through the process, explaining what each step is about and what you need to do.

File Appeals and Request Necessary Hearings

There are many reasons an insurer may deny your Workers’ Compensation claim. If your claim is denied, our attorneys can help you file the necessary paperwork to disagree with the denial or amount of benefits that the insurance company has agreed to pay by filing and requesting any necessary hearings. An attorney understands which arguments to make and what evidence to present to persuade the insurer to change their decision or a judge to grant them benefits. A worker who is unfamiliar with the system may be taken advantage of by the workers’ compensation insurance company who employs professional adjusters and attorneys. We can help give you, the injured worker, the same advantages and knowledge.

You can receive workers compensation benefits and have additional claims for damages if a person who was not part of your company or a co-employee caused your injuries. You would be able to have two claims. One for workers compensation benefits and another claim against the person who caused the accident or injury that did not work for your company.’ For example, if your employer asks you to use your car to pick up lunch or paperwork for him and you are rear ended while running this errand. You would be entitled to collect workers compensation benefits and to sue the person who rear ended you and caused your injuries.

A skilled workers’ compensation law firm like The Frickey Law Firm can go over the details of your case, evaluate them, and make sure that workers’ compensation is the best way forward. If there are other claims that might apply, our attorneys can explain this and help you with these claims.

If you’ve been hurt while on the job, you need an experienced, proven team in your corner. Contact the award winning workers’ compensation attorneys at The Frickey Law Firm today to discuss your case for free! Click here to send us an email contact form, or call 303-237-7373 to reach our office.