Four Things That You Think Might Affect Your Workers’ Compensation Claim- But Don’t!

Four Things That You Think Might Affect Your Workers’ Compensation Claim- But Don’t!

Denver Workers Compensation

If you’ve been injured on the job, and are considering filing for workers’ compensation benefits in Colorado, you may be wondering how to file your claim, and what factors may affect your workers’ compensation case. Many injured workers believe that certain circumstances may affect whether or not their workers’ comp claim will be approved. Here are 4 things that many injured workers believe will affect their claim- but typically will not:

1- Your employer is at fault for the injury.  Workers’ Compensation is a hundred year law that reflects a compromise between injured workers and workers.  Employers must now pay for all injuries that happen on the job – even ones where the employee is negligent, or someone else is negligent, or there is no negligence at all.  In exchange, employers cannot be sued by their employees for work injuries.

2- You can’t go back to the work you used to be able to do.  Unfortunately we see this all too often.  The law in Colorado is incredibly indifferent to employees who cannot go back to doing the kinds of work, or earning the income, they used to do before the injury. There are only two “disability” benefits under Workers Compensation after the Doctor says you are at Maximum Medical Improvement.  The first is called Permanent Partial Disability and the amount is primarily based on loss of range of motion.  It does not go up or down depending upon whether you are still working.

The second is called Permanent Total Disability and it covers wage loss after the injured worker reaches Maximum Medical Improvement.  But it is incredibly difficult to get because the injured workers must be able to prove to a Judge that they are so disabled that that they cannot earn ANY Wages at ANY job in ANY location.  If you can do a temporary, part-time, seasonal job at minimum wage – then you cannot get any compensation for wage loss after MMI under workers compensation.

(You may be eligible for other benefits under other laws, for example unemployment benefits, or social security disability benefits.)

3- You worked many years for the employer.  While it may make you more sympathetic to treating or evaluating doctors, the law does not provide injured workers with more or less benefits simply because they have worked ten years, ten months or even ten hours with the employer before your injury.

4- Your employer closes.  Your employer paid premiums to an insurance company to cover all your benefits for your injury. It does not matter what happens with your employer.


Workers’ Compensation in Colorado can be complicated. Let our experienced Denver area workers’ compensation attorneys help you navigate your claim and help get it approved. Call Us Toll Free! (866) 356-9898 or click here for a free consultation!

Catching Fries: What Exactly Is In The Course Of My Employment?

Catching Fries: What Exactly Is In The Course Of My Employment?

Denver Disability Denver Workers Compensation Social Security Blog Workers Compensation Blog

Greeley workers’ compensation lawyers and Denver workers’ compensation lawyers will tell you many states have a loose definition of what kinds of activities are conceivably within an employee’s job responsibilities. While workers can only receive benefits when they’re injured on the job in the course of their employment, different states have different definitions of “in the course of employment.”

Virginia, for example, has a strict rule about what an employee’s course of employment is. It requires the employee to be in a place where he or she might reasonably be expected to be, while he or she is reasonably fulfilling the duties of his or her employment, and within the period of his or her employment. This is called the actual risk test. Many states have broader definitions of what arises out of the course of an employee’s employment but each state has the right to decide its own definition.

A recent case appealed in Virginia actually hit on this question. While Greeley workers compensation lawyers would not be able to use this case to persuade courts to rule a certain way, the case itself involved a strange injury under unusual circumstances.

Janis Cooper used to work at McDonald’s in Virginia. She was a store manager but when her store closed, she was moved to a different store and had to work under a different manager. Her new duties included serving customers, cleaning parts of the store, loading and unloading trucks, and lifting and moving heavy product. In 2013, Ms. Cooper filed a claim for workers’ compensation benefits for a neck injury she suffered while working in the drive-through. When a bag of fries was dropping, she jerked to keep them from falling and tweaked her trapezius muscle so badly, she cried and couldn’t finish her shift.

Related: If I am injured outside the state is my injury covered by Colorado Workers’ Compensation?

Most Denver workers’ compensation lawyers will tell you to report an injury as soon as it is suffered. In this case, Ms. Cooper did not report the injury right away. She waited a few days to report the injury in the hopes that it would go away on its own. After treating with different doctors through the rest of the year and into the next year, she was awarded benefits after the case went to trial. Her employer appealed the decision because it said leaning down didn’t fit Virginia’s higher test for deciding if an injury was sustained during the course of an employee’s employment.

Colorado has a different standard from Virginia but employees’ injuries are always questioned. Unfortunately, employers tend to consider any claims against their workers’ compensation insurance as a personal matter. Ms. Cooper ended up receiving her benefits in 2015, so the story ended well for her. The court found her bending down to try to keep the fries off the floor as part of her employment because part of her assessment as an employee had to do with reducing waste and prompt customer service. She received benefits for her lost wages, had her medical care mostly paid for, and will receive benefits for the rest of her life because she was effectively disabled as a result of her injury.

Employers sometimes take workers’ compensation claims personally, which may lead people to try to live with their losses and injuries sustained at work. However, if businesses expose workers to conditions and expectations that lead to injuries, employees have a positive responsibility to bring cases regarding injuries they received. Employees should feel comfortable speaking up when it’s necessary for themselves but if they don’t, they risk exposing future employees to the same unsafe conditions. In order to maintain a positive climate in a company, people must speak up when issues arise.

Workers’ Compensation can be difficult, confusing, and very complex. Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve. Contact us here or call us at(866) 356-9898 for your free consultation.

Source: Gene Forbes Enters. v. Cooper, 2015 Va. App. LEXIS 195 (Va. App., 2015).

Claiming Workers’ Compensation Even in Events Considered as “Acts of God”

Claiming Workers’ Compensation Even in Events Considered as “Acts of God”

Denver Disability Denver Workers Compensation Social Security Blog Workers Compensation Blog

Employers in Colorado are required by law to maintain an insurance policy for their workers in case of injuries sustained on the job. This is great news for employees, especially those who work in difficult and hazardous jobs.

However, just because your employer has an insurance policy does not mean that you are completely protected and will be properly compensated when you get caught in an accident. Without a Denver workers’ compensation attorney, there is one thing that insurance companies will tell you they will not cover, and those are incidents considered as “acts of god.”

What are acts of god?

Acts of god have become an umbrella term for unavoidable events of nature such as natural disasters or extreme weather events like flashfloods, earthquakes, tornados, and hurricanes. Another term for this is force majeure, which is French for “superior force.”

Insurance companies often claim that they do not have any mutual obligation when something out of control happens to an employee. In other words, they do not have to pay for injuries or damages caused by acts of god. After all, no one can be held responsible for volcanic eruptions or storm surges.

So when your insurance company tells you that the accident that happened to you at work is an act of god, does that mean that you have no say on the issue? Not if you have a Denver workers’ compensation lawyer who will have your back.

When is something NOT an act of god?

For example, you are working inside your office when a weak but palpable earthquake strikes and you get injured by falling debris. This should automatically mean that your insurance company should compensate you because you sustained an injury at work, right?

Wrong. Since an earthquake is an unforeseeable event, your insurance company can easily ease out of the situation and tell you that you do not qualify for any type of workers’ compensation even if you sustained an injury. End of story.

Related: Wrongfully Denied: How Insurance Companies Look Out for Themselves

Fortunately, having a competent Denver workers’ compensation attorney can help find a loophole even in this seemingly ironclad situation. No one might be responsible for the earthquake, but there might be someone who might be held accountable for the injury. This depends on the severity and foreseeability of the event, as well as the quality of your office building construction.

Hence, if the construction of the building is proven inadequate, then the injury cannot be considered as an act of god. Rather, it becomes an issue of a normal natural occurrence causing disproportional damage or injuries. In that case, the employer will be held responsible, and the insurance company cannot simply get off the hook and tell you that they cannot pay you for the physical damages you incurred.

As an employee, knowing your rights is important in claiming workers’ compensation. Having good counsel is also highly recommended, so that no insurance company can take advantage of you—with or without an act of god.

If you need more information or legal assistance, a Greeley workers compensation lawyer is readily available. Contact Kaplan Morrell today and talk to one of our Colorado workers compensation attorneys today.

Influential Pockets: The Story of Insurance Companies and County Prosecutors

Influential Pockets: The Story of Insurance Companies and County Prosecutors

Denver Disability Denver Workers Compensation Social Security Blog Workers Compensation Blog

A native of Odessa, Texas, Roy Kyees recently had a workers’ compensation case in that state. Unlike Denver workers compensation attorneys and Greeley workers compensation lawyers, in Travis County, Texas (Odessa is in this county), Texas Mutual Insurance Company has a deal with the Travis County District Attorney. At first blush, this is a decent deal intended to keep workers’ compensation fraud at a minimum and make workers’ compensation insurance affordable for the businesses in the area. If handled properly, of course the reduction of fraud and affordability of insurance are noble goals.

According to Tim Riley, the main investigator of fraud at Texas Mutual, the company simply pays back the prosecutor of Travis County when a fraud case comes up on the docket. Texas Mutual argues there is no conflict of interests because there isn’t enough interaction between the County prosecutor’s office and the fraud department at Texas Mutual. While two enterprising businesses could easily take advantage of such an exclusive relationship, in this case, the partnership is argued as shallow at best.

An investigation by the Texas Tribune, however, points out that the relationship may not be as simple as Texas Mutual would argue. Apparently, there are no written safeguards in terms of the procedure, not much awareness of the conditions of the contractual partnership, and questionable social media posts put on by the lead prosecutor of the insurance fraud unit. All things considered, a person couldn’t necessarily be accused of paranoia for finding this relationship between one of the biggest insurance providers in the state of Texas and a county prosecutor’s office a little too convenient.

Related: What are types of Colorado Workers’ Compensation Insurance?

Roy Kyees had a work injury in an Odessa, Texas, oil field. He’s worked in oil fields since he was 13 years old. Greeley workers compensation lawyers constantly have similar cases, as they are fairly common in areas with a good amount of oil production. The difference for Mr. Kyees was his resulting arrest, which was embarrassing to say the least, and the fight he had to put up to prove he wasn’t a criminal for reporting his work injury. He had to endure malicious prosecution and eventually settled, after winning the criminal case cooked up against him. As a result, Mr. Kyees is understandably untrusting of both the criminal justice system in his home county and the workers’ compensation program as a whole. He thinks the relationship is more of a partnership, with the prosecutors taking whatever the insurance company wants them to take.

In general, funding deals like these aren’t entirely unheard-of. Insurance companies often fund local prosecutors’ investigations of their fraud cases because with a touchy question like workers’ compensation, or any insurance claim, the insurance company’s first duty is to defend its insured. For workers’ compensation, this means the company purchasing the insurance. While an injured worker can be considered part of that company, generally, insurance companies look after their own interests and the interests of the employer. Technically, workers’ compensation can be considered a type of “no-fault” insurance so many of the traditional rules about insurance companies being vaguely antagonistic toward anyone trying to collect insurance money don’t apply. But the fact remains that generally, insurance companies don’t want to pay out on claims so it’s in their interest to find as many fraudulent claims from the claimant side as possible. When you file a workers’ compensation claim, you become the claimant.

Usually, insurance companies create a large pool from which prosecutors who specialize in workers’ compensation fraud can draw from. That way, no one insurance company is directly in control of the suits the prosecutor brings. This is the type of arrangement we have in Colorado, as well as Massachusetts and California. Even this kind of deal seems to create a tendency for courts to lean toward insurance companies’ interests against individual claimants.

A case like Roy Kyees’ may not have come up in Colorado because of the larger pool of insurers who contribute to the prosecutors’ fund. The obvious tendency toward insurer interests in courts seems clear, however, and serves to show how difficult it can be to enter the realm of workers’ compensation.

Workers’ Compensation can be difficult, confusing, and very complex. Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve. Contact us here or call us at(866) 356-9898 for your free consultation.

A Workers’ Compensation Lawyer’s Guide to Movies

A Workers’ Compensation Lawyer’s Guide to Movies

Denver Disability Denver Workers Compensation Social Security Blog Workers Compensation Blog

I love justice and the law, which is good because I am an attorney who has spent the last twenty years helping injured workers get the benefits they deserve under the law. I also love movies, and if I were a failure at being a lawyer, I would work somehow in movies. Since I love what I do helping injured workers and am very good at it, this blog is as close as I get.

Some combinations, like chocolate and peanut butter, or the phone and the iPod work well. Lawyers and Movies? Much less so. It is difficult to watch a movie without keeping an eye out for the work injuries and wondering how they would be handled in the real world. I’ve learned to keep those thoughts to myself or this blog, otherwise I would get invited to even fewer parties.

It’s been twenty-two years since the original Jurassic Park series began and fortunately for us, the fine folks at ImGen have learned nothing from carnage and debacles of the Jurassic Park and have opened a Disney-esque, Starbuck, Winstons, and Brookstone speckled dinosaur theme park called Jurassic World.

Predictably the first third of the movie is all ooos and aaahs as we tour the fool-proof dinosaur containment paddocks, until inevitably the thumps, scrapes, roaring, running and bleeding start again.

If Jurassic World starts as a dinosaur-lover’s paradise – it ends as an injury lawyer’s candy store. This is only fair because the first Jurassic Park movie wasn’t particular kind to lawyers.

The first sign of trouble begins with a laughably preventable work injury when a worker is flipped into the Velociraptor paddock after trying to lasso a squealing pig running away from the raptors. Hooking the pig, the raptor seizes the animal with such force that the worker is flipped over the cat walk and falls twenty feet into the pen with three raptors.

Safety Harnesses? Hard hats?

Jurassic World doesn’t need them. So casual is the Safety Program that having rescued the hapless worker, the Raptor Trainer only suggests that the reason the Park had an opening to hire him, was because his predecessor was eaten.

Of course Jurassic World is located on an island off of Costa Rica, so presumably laws like OSHA, and workers compensation are less rigid. However most, if not all, of the Jurassic World employees appear to be imported from Europe, the United States and other locations teeming with bored, slack-jawed anglo teenagers.

When the second act is in full swing we have multiple work related injuries, mutilations, and countless deaths. All of which – had they occurred in Colorado – would have been treated, and compensated as work injuries.

Workers who die on the job are entitled to a funeral benefit unless they leave dependents. Spouses and children are deemed dependents. In those cases the children are entitled to two-thirds of their parent’s wages until reaching the age of nineteen. Spouses are entitled to that two-thirds until remarriage. Things get complicated when there are children from previous spouses. In that circumstance the distribution of the deceased workers’ lost wage benefit can get complicated and the children should have a different lawyer than the new spouse.

There were more deaths than I could count, but even the “minor” injuries like missing limbs from bites are covered. Workers’ compensation provides medical treatment, lost wages, disfigurement, and permanent impairment benefits. As with most situations, the company doing the paying – in this case the insurance carrier – is trying to pay as little as possible so it helps for injured workers to have someone just as experienced working to get the injured worker the most possible under the law.

Independent Contractors and The Importance of Workers’ Advocates

Independent Contractors and The Importance of Workers’ Advocates

Social Security Blog Workers Compensation Blog


Often, cases come up in the world of Workers’ compensation that cause Denver disability lawyers and Denver disability attorneys to connect employees to employers through a chain that leads to workers’ compensation insurance. While all companies with employees are required to have workers’ compensation insurance, the exact specifications of the laws are often particular and riddled with loopholes that can keep employees from the benefits they deserve.

Frances Atiapo, for example, was a truck driver for a company called Goree Logistics, Inc. Goree worked with Owen Thomas to move products for another company. Frances Atapio got into a car accident while transporting goods for Owen Thomas and was injured on the job in a motor vehicle accident while driving through Colorado. Since Frances was on the job, technically this was a workers’ compensation case, but Goree didn’t have workers’ compensation insurance. They also denied Atiapo’s claim because they said he was an independent contractor and the company didn’t need workers’ compensation insurance because they only had three employees.

The rules for independent contractors and workmen’s compensation can be very simple. In most cases, independent contractors go through their own insurance when they are injured on the job, since the contractor is not technically an employee of the company that pays them. Taxi drivers are often cited as an example of an independent contractor because, while the parent company does take a percentage of the driver’s profits, the driver has the option to turn down a fare and in general has much more freedom in his or her job than the average employee who works in, say, a factory farm.

As Denver disability lawyers know, when an individual is injured on the job is can come to the point where any kind of compensation comes through litigation, particularly when questions of employer/employee connections arise. The Commission found Owen Thomas liable and made the connection between Atiapo and Thomas, ordering Owen Thomas to pay Atiapo workers’ compensation benefits. The Commission’s findings went to a suit where it was found that Owen Thomas, while technically a brokerage firm, extended its role as it controlled aspects of Atiapo’s job like the temperature Atiapo had to maintain in the truck, as well as how often he had to report to Owen Thomas. These sorts of details often lead to a de facto employer/employee relationship and, although Atiapo was never technically an employee of Owen Thomas’s, he was closely supervised by them. So closely, in fact, that although his technical position was that of an independent contractor, he qualified for workers’ compensation insurance for his injuries.

Goree was also fined for lack of workers’ compensation insurance because a statute requires all motor carriers to carry workers’ compensation insurance regardless of how many employees the company technically has. This is a prime example of how attorneys can simplify cases for those injured on the job. Companies must always look out for their best interests so it is vital for workers to have someone in their corners, as well.

Workers’ Compensation can be difficult, confusing, and very complex. Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve. Contact us here or call us at (866) 356-9898 for your free consultation.




What the Division of Workers’ Compensation Can Do Under APA

What the Division of Workers’ Compensation Can Do Under APA

Denver Disability Denver Workers Compensation Social Security Blog Workers Compensation Blog

Any workers compensation lawyer would tell you that you may have a great chance of claiming the benefits to which you are entitled to but not everyone would tell you how. You need to know how the game works because it is your name and life that are on the line.

What is the difference between the law and the rules? Some say that the law tells what a person can and cannot do while rules tell the manner of how to do it. The Administrative Procedures Act or APA delineates certain actions that agencies should follow in interpreting the laws which the Colorado legislature has written. The APA also describes in detail the powers of the Division of Workers’ Compensation. In relation to this, every Greeley disability attorney follows whatever is provided under the APA to ensure a speedy and organized hearing of cases. 

Powers of the Division of Workers’ Compensation

  1. Rule-making

The Division has the power to make rules. However, it cannot write whatever rule it pleases. It has to conduct its rule-making proceedings under the APA. The process begins with a public announcement as to the interest of writing a new rule. Thereafter, the agency should ask individuals to participate in a representative group of participants. The members of this group should be representatives of various organizations or groups with stakeholder interest on the topic of the intended rule. They should be the ones who will be affected, whether positive or negative, by the proposed rules.

Should the secretary of the state require, a draft of the proposed rule or amendment to an existing rule accompanied with a statement as to such proposal shall be filed with the secretary. This may oftentimes be requested to come with a cost-benefit analysis.

Once the representative group is complete, a public hearing will be conducted where these representatives may participate. The final proposal will be reviewed by the agency. Such will be published and will take effect 20 days after publication.

  1. Licensing

The Division can also issue, revoke, suspend, annul, limit or modify a license of an employer. However, there are two requirements that must be satisfied before agency proceedings may be instituted against the employer. First, there must be a notice in writing. The notice shall contain all the relevant and objective facts or conduct that may warrant any administrative sanction. Relevant documents shall be attached to such notice as well. Second, the licensee must have been afforded a reasonable opportunity to comply with all the legal requirements which its business failed to satisfy.

  1. Hearings and determinations

The Division may be tasked to hear a workers’ compensation claim once in a while. It shall send notices of hearing to concerned parties. Each notice of hearing shall contain the time, place, nature of hearing, and the legal authority which has jurisdiction over the hearing.

Any person who receives a notice shall file a written answer 30 days after such notice has been served or mailed. Failure to answer is a ground for default.

Read More: Denver Worker Denied Re-Opened Case

Every decision of the Division shall include a statement of findings and conclusions on the material facts and issues presented.

A good workers compensation lawyer can guide you in all your claims and dealings with the Division of Workers’ Compensation.

Workers’ Compensation can be arduous, confusing, and complicated. Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve. Contact us here or call us at (866) 356-9898 for your free consultation.

Ask a Denver Workers’ Compensation Attorney: Does Colorado Cover Off-the-Clock Work Place Accidents?

Ask a Denver Workers’ Compensation Attorney: Does Colorado Cover Off-the-Clock Work Place Accidents?

Denver Disability Denver Workers Compensation Social Security Blog Workers Compensation Blog

Injury compensation, generally, takes care of your medical bills, medications, transportations costs, and other injury-related expenses. It will likewise cover around two-thirds of wages which you should have incurred if it were not for the injury. If your injury caused disability, a lump sum settlement is usually available. In case of death, the compensation will be given to surviving dependents. You need not worry about how to win a case because your Denver workers compensation attorney is here to assist you.

Employer liability for work place accidents

For an injured worker to claim workers’ compensation insurance benefits, the injury must be sustained within the scope of employment. This means that the injury must have happened while on the job or on the clock. Therefore, determining when a workday begins and ends is the heart of any workers’ compensation claim. This is where certain difficulty lies and where you need a Denver workers compensation lawyer.

A lot of states follow the principle that an injury incurred while in the course of employment is compensable. This principle requires that the injury be sustained within the time and place of the worker’s employment, and during an activity connected with his functions. Hence, even though an employee is outside of the workplace or beyond required working hours, as long as he is performing duties in relation to his job, the injury sustained during such period remains covered by workers’ compensation.

Colorado’s test for compensability

For an injury to be covered by workers’ compensation in Colorado, your Denver workers compensation lawyer must know the three things to be considered:

  • the injured worker is performing services for the employer,
  • such service is contemplated in his contract of employment, and
  • the service performed direct or indirectly benefits the employer.

The Colorado Supreme Court ruled in Madden v. Mountain West Fabricators (1999) that, generally, an injury sustained while going to or coming from work is not compensable because it is not considered arising out of and in the course of employment. The exception, however, happens when there is a causal connection between the employment and the injury that occurred during that going or coming period.

Thus, in case an injury arises out of yet remains in the course of employment, the worker must establish a causal connection between his work and the injury in such a way that the latter originates from work-related activities, and related to the functions set forth in the contract of employment.

Related: What If I Work in an Unsafe Workplace?

There is no clear and straightforward requirement for an injury to be considered to have stemmed out of and in the course of employment. However, the Colorado Supreme Court recognized its appellate court in delineating circumstances when the injury is covered by the going to or coming from work rule:

  1. When the duties of the employee requires him to travel;
  2. When the employee is on a business trip for the employer;
  3. When an employee reports to the regular place of business and is sent away on a special task; and
  4. When the contract of employment stipulates that going to or coming from work is covered by the employment.

For you to sufficiently establish your claim, you will need a Denver workers compensation attorney.

Workers’ compensation can be difficult, confusing, and very complex but with a Denver workers compensation lawyer, you are in good hands. Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve. Contact us here or call us at (866) 356-9898 for your free consultation.

Taxes and Your Disability Benefits Part I: Workers’ Compensation

Taxes and Your Disability Benefits Part I: Workers’ Compensation

Denver Disability Denver Workers Compensation Social Security Blog Workers Compensation Blog

With April quickly approaching, every responsible adult is worried about what to do about his or her taxes. While most of the tax filing process is much simpler than we are led to believe, there are certain questionable areas. For example, most income needs to be taxed. What about the Workers’ Compensation benefits?  What portion of those benefits are taxable and how do you file for that?

Well, there is good news for workers who receive work comp benefits. Since the benefits arrive with no 1099 or W-2 forms, the benefits are not taxable at all. Many benefits like lost wages are calculated based on gross wage and are actually already a percentage of full pay, which helps account for taxes before the issue comes up. Other income that is not taxable in general includes: adoption expense reimbursements; child support payments; gifts, bequests, and inheritances; meals and lodging for employers’ convenience; welfare benefits; and cash rebates from a dealer or manufacturer.

Related: The Colorado Legislature Considers A Number Of Bills Affecting Workplace Rights

Workers’ compensation benefits on their own are not generally taxable at either the state or federal level. That is the good news. Unfortunately, in certain situations when an individual concurrently receives benefits for disability from SSDI or SSI, a person’s SSDI and SSI may be reduced by the Social Security Administration so all together, the amount of benefits and payments remain below a threshold called the workers’ compensation offset. Disability attorneys fight in order to give their clients as many benefits as possible with the hope of keeping individuals comfortable as they work through their illnesses to hopefully rejoin the workforce in whatever capacity is possible for them.

Workers’ Compensation can be difficult, confusing, and very complex. Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve. Contact us here or call us at (866) 356-9898 for your free consultation.


Lung Cancer and the Importance of Finding the Right Lawyer

Lung Cancer and the Importance of Finding the Right Lawyer

Denver Disability Denver Workers Compensation Social Security Blog Workers Compensation Blog

Mesothelioma, a tumor of the tissue that often lines lungs and other organs, can often be traced to a viable workers’ compensation claim by a workers’ compensation lawyer because of how closely asbestos has been linked to eventual diagnoses of mesothelioma. In fact, a group called the Mesothelioma Victims Center believes that many patients diagnosed with mesothelioma receive significantly less than their due because the victims turn to the wrong type of lawyer. Particularly when the victims were exposed to asbestos as part of service in the US Navy or in some kind of industrial setting, claims can be worth a very significant amount. Of course, no amount of money can pay for the grief and heartache brought on by an injured family member, but a large sum payment can go miles for providing a victim with proper medical care to live out life in relative ease.

Related: Three Questions To Ask When Hiring A Lawyer For Your Work Injury

According to the USCDC, victims of mesothelioma are often misdiagnosed with pneumonia and are on average in their 70’s. Greeley workers compensation lawyers and other such professionals well-versed in potential asbestos-containing materials can turn to the EPA’s list of potential contaminants, which includes cement pipes and textured paints to fire blankets and vinyl wall coverings. Even chalkboards made the list. Diagnosed victims of mesothelioma may have no need for a workers compensation attorney but patients diagnosed with mesothelioma seem to be, as a whole, consistently underestimating the potential involvement of their workplace and gravity of their diagnosis.

At particularly high risk for asbestos exposure include US Navy Veterans, those who work in power plants, ship yards, oil refineries, or steel mills. Manufacturing and industrial workers are also at a particular risk of exposure, as are plumbers, electricians, mechanics, miners, and construction workers. Usually, the exposure occurred in decades past such as the 1950’s, 60’s, 70’s, or 80’s, but patients diagnosed with mesothelioma should know their options and seek help from experienced, qualified professionals.

Workers’ Compensation can be difficult, confusing, and very complex. Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve. Contact us here or call us at (866) 356-9898 for your free consultation.