Your Pueblo Workers’ Comp Lawyers

Injuries caused by a worker intentionally or as a result of illegal activity, such as drinking alcohol on the job or committing a crime, may not be covered by workers’ compensation.

In some cases, you must choose from a list of medical providers from your employer, but that’s not always the case. This can be a concern for many people, so be sure to discuss your rights regarding choosing your doctor with your Heuser & Heuser attorney.

If your workers’ comp claim is denied or you disagree with the benefit amount, you can appeal the decision with the Office of Administrative Courts. This can be complicated. Let us take care of it for you so you can focus on recovering.

Workers’ compensation benefits vary greatly and are influenced by your income and your medical expenses for reasonable treatment. Every case and client is unique, but when you work with Heuser & Heuser, we will fight for every dollar you deserve for your losses.

The time limit for your workers’ compensation benefits depends on the nature of your injury and its impact on your current and future earning potential.

In Colorado, workers’ compensation is a no-fault form of insurance. This means that regardless of how your accident happened or whose fault it was, you should be covered. The only requirement is that the accident must have occurred during the normal course of your work duties.

For example, you may be covered if you were hurt by big equipment, injured by a slip and fall on your way to the bathroom, or were involved in an accident on the way to a client meeting. Getting into a fight in the cafeteria with another staff member, on the other hand, probably would not be, because that is outside of your normal work duties.

You have four days in Colorado to report the injury or illness from the date you realize it happened. You have to report it in writing to your supervisor with details such as the date of the injury, your contact information, and the nature of the injury. Your employer will then complete an Employer’s First Report of Injury and submit it to the state, which will decide whether your injuries merit workers’ compensation coverage.

If you are denied, you can fight the denial, but having a workers’ compensation attorney like Heuser & Heuser, LLP, in your corner gives you a better chance of success. Call us for a free case review. It’s just that easy!

Yes, in Colorado you can get paid 66% of your average weekly wage up to a cap that changes every year. The length of time you receive this payment depends on the nature of your injury. If you suffer permanent partial disability or permanent total disability, you can receive benefits up to the normal retirement age of 65.

In Colorado, workers’ compensation includes a concept called “make whole.” This means that if you suffer from a temporary total disability and you exhaust your injury leave, your agency may use your sick time to make up the difference between your full take-home pay and the 66% temporary total disability you get from workers’ comp.

If your spouse or parent dies as the result of a work accident, you could receive benefits equal to 66% of the spouse or parent’s average wages. For a spouse, these benefits are paid for life, or until they remarry. Children may be able to receive benefits until age 18, or until age 21 if they are a full-time student. Up to $7,000 in funeral expenses can also be collected.

There are a number of things that could jeopardize your workers’ compensation benefits in Colorado. If your injury results from or is caused by your deliberate failure to use safety devices and methods required by your employer, or from working under the influence of alcohol or drugs, you can lose 50% of your benefits for your lost wages. You will, however, continue to get medical benefits until you reach maximum improvement.

If the claims adjuster determines that your injury did not happen during the normal scope of your job duties, your benefits can be denied entirely. If you find that you’re losing part or all of your benefits, call us now so we can use our experience to advocate for your rights.

Maximum medical improvement, or MMI, is a legal term used to describe the point at which you have recovered to your fullest capacity. This is determined by your treating doctor, who will issue a statement that no further treatments can be recommended to help your condition.

After you reach a state of maximum medical improvement, your medical benefits from workers’ compensation can end. However, depending on the nature of your disability — if it is permanent, for example — you may still be eligible to collect benefits for lost wages.

You should accept the modified-duty job, provided that it meets the restrictions placed on your performance abilities of your injury by your doctor. If you refuse such a position, it can endanger your benefits, and you might lose them entirely. If you are uncertain whether the offered position meets the restrictions your doctor has listed, contact your Pueblo, CO, workers’ comp lawyer for advice on your next best steps.

The Colorado state contracts with an organization called Broadspire to administer workers’ comp claims. Broadspire will automatically close a workers’ comp claim if there is no activity on the claim for 60 days. If your claim is closed and you still need to see a doctor, first call the insurance adjuster to reopen the claim. If they refuse to do so, you can request a hearing before an administrative law judge. Your qualified attorney at Heuser & Heuser, LLP, can help you pursue your claim. Help is a phone call away. It’s just that easy!

In Colorado, you cannot sue your employer for an injury on the job because your injuries should be covered by workers’ compensation insurance. You forfeit the right to sue your employer personally when you accept a job that’s covered by workers’ compensation.

On the other hand, if your accident was caused by a third party that isn’t your employer or a co-worker, such as an auto accident that occurs on your way to a client meeting, you may have options. A personal injury claim could be worth more than a workers’ comp claim. To see if you qualify for a personal injury case, contact your workers’ comp attorney at Heuser & Heuser, LLP, for a free case review.

If you filed a claim and haven’t heard anything, first check with your immediate supervisor, followed by your job’s workers’ comp liaison. In Colorado, you can contact Broadspire directly if nobody at your job has information or if you have never received a letter confirming your claim. Your best bet, in this case, is to work with a Colorado workers’ compensation attorney to get the results you need.