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If you suffer a work-related injury, contact the Bendinelli Law Firm for a free consultation. Our workers’ compensation attorneys will help you through the process, from start to end, and make sure that you receive the compensation you need and deserve for a full recovery.
Before the workers’ compensation law was enacted in 1915, Colorado workers who were injured while at work had few options for compensation for their injuries and lost wages. It was possible for the injured worker to sue his or her employer, but this could take years and the outcome was uncertain.
Workers’ compensation law in Colorado now functions as a type of insurance coverage that employers must provide to their employees. The cost of workers’ compensation insurance is paid entirely by the employer and may not be deducted from the employee’s wages.
When you are injured on the job, you must file a claim with your employer’s workers’ compensation insurance carrier. In order to file a claim, you must provide your employer written notice within ten days of the incident. The Date of Injury (DOI) and the First Report of Injury (FROI) are vital to your claim. If you don’t report your injury or occupational disease promptly, you may lose your benefits.
It is also important that you keep copies of everything you provided to your employer regarding the incident for your records and for your Colorado workers compensation attorney. Once you have notified your employer of your work-related injury, he is obligated to file the claim with his workers’ compensation insurance carrier.
Medical treatment will then be available to you with an Authorized Treating Physician (ATP) as part of your employer’s work compensation insurance. Additionally, unlike other types of insurance, liability is not a factor in on-the-job injuries. Your employer must pay if your injury occurred within the scope of your employment.
There are times when, as part of your job, you must travel either in your car or in a company vehicle. If you are injured in a car accident while on the job, you may be entitled to additional compensation.
If the crash was not your fault, the at-fault driver will be responsible for your damages. As with any other work related injury, you must report your injuries to your employer within ten days or risk losing your benefits. At the end of your workers’ compensation claim, it is possible that your employer’s workers’ compensation insurance company may try to “subtract” the dollar amount they paid for your treatment from the amount you are paid from the at fault party’s insurance. The experienced workers’ compensation attorneys at the Bendinelli Law Firm can handle the complex details in dealing with the at-fault party’s insurance company and your employer’s workers’ compensation insurance company to protect your rights and maximize your compensation.
At some point, after you have been treated by the Authorized Treating Physician (ATP), the doctor will determine that you have reached Maximum Medical Improvement (MMI), that is, in this doctor’s opinion your injury has healed to an acceptable level and you can return to work.
Unfortunately, not all injured workers can return to their job at full capacity after they reached their MMI. In this case, you may be eligible to receive permanent impairment benefits. In Colorado, you may qualify for permanent partial disability (PPD) or permanent total disability (PTD). An experienced workers’ compensation lawyer at the Bendinelli Law Firm can advise you of your best options.
The workers’ compensation attorneys at the Bendinelli Law Firm have the compassion, knowledge and experience necessary for these complex and difficult cases. We tell our clients to concentrate on getting healthy and returning to work, while our Denver personal injury attorneys take care of the complicated legal issues and deal with the workers’ compensation insurance company.
Call (303) 732-6609 or 1-800-ATTORNEY now to schedule your free consultation with one of our Colorado workers’ compensation attorneys.