A workplace injury can disrupt your life in a multitude of ways. Beyond the physical pain and limitations, medical bills pile up, lost wages create financial strain, and the uncertainty of the future can be overwhelming. Understanding the workers’ compensation claims process is essential if you’re injured on the job.
At Kaplan Morrell, a dedicated Denver workers’ compensation attorney will guide you through each step and ensure you receive the benefits you deserve. Call (303) 780-7329 or contact us online to schedule your free consultation.
Workers in Denver trust us, and you can too
Dedication, compassion, and expertise matter in workers’ comp claims. Here’s why clients choose Kaplan Morrell for their workers’ compensation claims process cases.
Experience and expertise
Our workers’ compensation claims process attorneys have over 20 years of experience representing injured workers in workers’ compensation cases. We have in-depth knowledge of the workers’ compensation claims process, including the rules and regulations governing claims filing, benefit eligibility, and appeals. We are prepared to handle even the most complex and challenging cases.
Compassion
We understand the physical, emotional, and financial toll a work-related injury can take on you and your family. We approach each case with empathy, compassion, and sensitivity, providing personalized attention and support to help you navigate the claims process with confidence and peace of mind.
Aggressiveness
We are fierce advocates for our clients’ rights and interests, fighting tirelessly to ensure they receive the benefits and compensation they deserve. We’re not afraid to take on insurance companies or employers on behalf of our clients and will do whatever it takes to achieve a successful outcome in your case.
Representation centered on results
Our goal is to achieve the best possible outcomes for our clients, whether through negotiation, litigation, or alternative dispute resolution. We’re committed to protecting our client’s rights and interests and will work diligently to favorably resolve your workers’ compensation claim.
Kaplan Morrell is the leading workers’ compensation firm in Denver
Our experienced workers’ compensation claims process attorneys can provide the following invaluable guidance and support throughout your case:
Discussing your rights
Our workers’ compensation legal team will explain your rights under Colorado’s workers’ compensation laws and ensure you understand the claims process.
Preparing and filing your claim
We’ll assist you in gathering evidence, completing the necessary paperwork, and filing your claim with the Colorado DOWC within the appropriate timeframe.
Communicating with insurance companies
We’ll handle all communication with the insurance company on your behalf, ensuring your rights are protected and advocating for the full benefits you deserve.
Managing medical records
We’ll help you obtain the necessary medical records to support your claim and ensure they accurately document the nature and extent of your work injury.
Maximizing benefits
We’ll negotiate aggressively with the insurance carrier on your behalf to secure the maximum compensation you deserve for your medical expenses, lost wages, and other damages.
Representing you in the appeals process
If your claim is denied, we’ll represent you throughout the appeals process before the DOWC, presenting compelling arguments to overturn the denial.
Reviewing your settlement
We’ll carefully review any settlement offers from the insurance company to ensure you receive fair compensation for your injuries and anticipated treatment.
Our Denver workers’ comp claims attorneys will help you throughout the process
The workers’ compensation claims process is designed to provide injured employees with benefits and compensation for work-related injuries or illnesses, regardless of fault. The claims process typically involves several key steps.
1. Report the injury
Report it to your employer immediately after it occurs. Colorado law requires injured workers to notify their employer of a work-related injury or illness within four days of the incident or when the injury becomes apparent. Then, employers are responsible for filing a First Report of Injury with their workers’ compensation insurance carrier and notifying the Division of Workers’ Compensation (DOWC).
2. Seek medical treatment
You should seek prompt medical treatment after reporting the injury. Your employer may provide a list of authorized healthcare providers or allow you to choose your doctor for treatment.
3. File a claim
Once you’ve received medical treatment, you or your Denver workers’ compensation claims process attorney can file a workers’ compensation claim with your employer’s insurance carrier. You must file your claim within two years of the date of the injury or the date when you first became aware of the injury or illness.
4. Investigation and evaluation
The insurance company will investigate to determine the validity of your claim and the extent of your injuries. This may involve reviewing medical records, conducting interviews, and gathering evidence related to the incident.
5. Decision and benefits
Once the investigation is complete, the insurance company will decide on your claim and notify you of the outcome. If your claim is approved, you’ll begin receiving benefits.
6. Appeals process
If the insurance company denies your claim or you disagree with the benefits awarded, you can appeal the decision. This involves requesting a hearing before an administrative law judge, presenting evidence and testimony supporting your claim, and challenging the insurance company’s decision.
7. Settlement negotiations
In some cases, injured workers may be able to negotiate a settlement with the insurance company to resolve their claims. A settlement may involve a lump sum payment for waiving your rights to future benefits or a structured settlement that provides ongoing payments over time.
Timely reporting your injury and filing your claim are crucial to protecting your rights. Delays can jeopardize your eligibility for benefits or complicate the claims process. Contact our workers’ compensation claims process lawyers in Denver today.
Kaplan Morrell works hard to get you every dollar of what you deserve
Workers’ compensation is a state-mandated insurance program that provides financial benefits to employees who suffer work-related injuries or illnesses. Employers in Colorado are required to carry workers’ compensation insurance to cover these benefits, which typically include:
- Medical expenses: Coverage for necessary medical treatment related to your work injury, including doctor visits, hospitalization, surgery, physical therapy, and medication
- Temporary partial disability (TPD): Benefits if you can return to work with limitations or reduced hours due to your disability
- Temporary total disability (TTD): Benefits if you’re unable to work at all due to your work injury
- Permanent partial disability (PPD): Benefits for long-term or permanent impairments resulting from your work injury
- Permanent total disability (PTD): Benefits if you’re permanently unable to work in any capacity due to your injury
- Vocational rehabilitation: Services to help you return to work in a suitable capacity if your injury limits your ability to perform your previous job duties
- Death benefits: Financial assistance provided to surviving dependents if a work injury results in an employee’s death
Most Colorado employees, including full-time, part-time, and temporary workers, are covered under workers’ compensation. However, some exceptions exist, such as independent contractors and specific railroad and agricultural workers.
The insurance company will determine your average weekly wage by looking at how much compensation you earned in the six- to 12-week period before your injury. However, they’ll often fail to consider upcoming raises or busy periods or include other benefits. At Kaplan Morrell, we can correctly calculate your average weekly wage, which frequently increases benefits.
Work with the leading workers’ compensation claims process attorney in Denver
If you’ve been injured and need assistance with the Colorado workers’ compensation claims process, our workers’ compensation team at Kaplan Morrell is here to help. Contact us today at (303) 780-7329 or chat to schedule a free consultation regarding how we can help you complete the claims process, obtain benefits to cover your medical expenses and support your family.
(H2) We answer common questions about workers’ compensation in Colorado
What is considered a work-related injury in Colorado?
A work-related injury is any injury or illness that arises out of and in the course of your employment, including:
- Sudden accidents – These may be slips, falls, cuts, burns, and other injuries that occur during work hours.
- Occupational diseases – This category includes illnesses caused by repeated exposure to workplace hazards, such as carpal tunnel syndrome from repetitive tasks or respiratory problems from exposure to dust or other chemicals.
- Work-related aggravation of a pre-existing condition – If your job duties worsen a pre-existing condition, it may be considered a work injury.
According to the Colorado Department of Public Health & Environment (CDPHE), there are approximately 112 work-related fatalities in the state annually from accidents such as these. There is an average of one work-related death every three to four days. Thousands more workers suffer injuries in workplace accidents.
What are the most common challenges in the workers’ comp claims process?
The workers’ compensation claims process can be challenging and frustrating. Here are some common challenges you may encounter:
- Denial of benefits – Insurance companies may deny claims for various reasons, such as questioning whether your injury was truly work-related or the severity of the injury.
- Limited benefits – The insurance company may offer insufficient benefits to cover your medical expenses and lost wages.
- Medical treatment disputes – The insurance company may deny or limit coverage for certain medical treatments they deem unnecessary.
- Difficulties returning to work – Due to your injury, you may face challenges returning to your previous job duties, and finding suitable alternative employment can be complex.