When To Hire a Colorado Workers’ Comp Lawyer
Know when it’s the right time to hire a lawyer to help your workers’ compensation case
Coping with a work injury can be daunting and troublesome, and it might leave you unable to earn a living and support your family. If you’re in such a stressful situation, you may be curious about the legal steps for filing a workers’ comp claim. If you’re eligible, workers’ compensation provides you with the benefits you’re entitled to as a worker in Colorado, such as medical expenses and lost wages.
Dishonest and underhanded insurance companies will go to great lengths to try and reduce or eliminate your chances of receiving proper compensation. Their top concern is their bottom line, not your well-being and recovery.
Additionally, the less the insurance company has to pay out to injured workers, the less your employer pays in premiums. Since your employer loses if the insurer pays you more; it’s to your employer’s advantage to have fewer injury claims, less severe injuries, and smaller insurance benefit payouts because that’s how they keep their premiums low.
If you want to talk to someone who is truly looking out for your best interests, your best bet is to seek professional help from a knowledgeable and experienced workers’ compensation attorney near you. At The Babcock Law Firm, our team can help you secure the compensation you deserve by providing skilled legal representation.
Did you know?
According to the Colorado Department of Public Health and Environment, an average of 112 workers are killed on the job in Colorado every year. That’s the equivalent of 1 worker dying every 3 days.
When should I hire a workers’ comp lawyer?
When workers are injured, they usually need to file a workers’ comp claim to receive compensation for medical treatment and lost wages.
Below are some examples of situations that typically require the aid and assistance of an experienced lawyer.
1. When your claim is denied
A denied workers’ compensation claim can arise due to several reasons. For instance, the insurance company can counter your claim by alleging that your sustained injury is not work-related or you’re too late in filing your claim.
These are tactics that can seem impenetrable in the eyes of a self-representing injured worker. However, when you hire an attorney, they will help you file an appeal and take you through all legal paperwork and protocols.
Furthermore, we are well-versed in dealing with insurance companies by gathering evidence and medical representation to warrant your claims during a court hearing.
How many workers’ comp claims are denied in Colorado?
According to data published by the U.S. Department of Labor, as many as 1 in 3 Colorado workers’ comp claims were denied in 2023, but this number can vary.
2. When you possess a pre-existing condition
If you suffer from a pre-existing condition, namely an injury in the same place you were hurt, then it won’t be easy to justify your claim. The insurance company will most likely claim that the damage sustained resulted from prior activities that aren’t work-related. This is especially the case with injuries that take time to develop initial symptoms, such as repetitive strain injuries.
3. When your injury puts your employment in jeopardy
Sustaining a severe injury can lead to many repercussions, such as disability, loss of sensation and even paralysis, ultimately leaving you unable to work. Therefore, you need to maximize the returns received from your workers’ comp for long-term sustenance.
An attorney can help you secure essential benefits, including permanent total or partial disability benefits, to ensure you have the money to pay for your medical expenses and other bills.
4. When there’s a delay in payment
When tasked with paying your expensive medical bills, some insurance companies will intentionally delay their approval for longer than necessary. If you’re in this situation, a lawyer can help pressure the involved parties into fulfilling their end of the bargain in a timely fashion.
5. When you want to increase your odds of success
The administrative process of filing a workers’ compensation claim can be confusing and time-consuming. There are many obstacles between you and your compensation, such as your employer, insurance company lawyers and court hearings.
Coping with these circumstances alone will require a lot of dexterity, confidence and willpower. However, a seasoned lawyer can help tip the scales in your favor with their extensive knowledge of Colorado workers’ compensation laws.
6. When your employer disputes your claim
Your boss may try to intimidate you or treat you harshly after filing a workers’ compensation claim. An attorney can help safeguard your rights when facing discrimination, reduced pay, demotion or work termination at your employer’s hands.
7. When you were injured due to a third party
In addition to receiving compensation from your employer, our Colorado injury lawyers can help you sue a third party who is responsible for your injury. This could be your recourse if the injury was caused by the negligence of any person or entity other than your employer or a coworker—but still within the course of your employment.
For example, if your injury was caused by a defect in your personal protective equipment, you might have a product liability claim against the manufacturer. Or, if a hazardous property condition caused your injury while you were working off-site, you could make a claim against the property owner.
8. When your employer or insurer attempts to hinder your benefits
Sometimes, an employer can go as far as voiding your compensation benefits by using medical and vocational experts to warrant your return to work despite your injured condition. Having an attorney by your side can help protect your rights against exploitation and malpractice.
Find an experienced Colorado workers’ compensation lawyer
A workers’ comp attorney can ensure that those responsible for your compensation take all the necessary steps towards an agreeable settlement offer. They’ll also help take you through the process of listing all the relevant injuries sustained and other vital information in your report. Without the precaution of a lawyer, you can easily miss out on receiving the full benefits you deserve.
At The Babcock Law Firm, you can rest assured knowing that your claim is taken seriously under the hands of a legal representative who is looking out for your best interests. Contact us today for your free consultation.