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Denver Workers' Compensation Law Blog

Afraid your work comp claim will hurt your employer? Fear not.

You’re a good person. You like your employer. Your injury isn’t that bad. So why should you file a workers’ compensation claim against your employer?

Many of the people that come into our law office are worried about how their workers’ compensation claim will affect their employers. We understand that, but we also want you to know: An insurance company, not your employer, will pay your claim. In other words, if you were injured at work, you can and should file for workers’ compensation.

“I was harassed after filing a work comp claim. What can I do?”

“Maria” injured her back in a slip-and-fall at work. She filed a workers’ compensation claim and was successful. She returned to work under modified duty/light duty. While back at work, her immediate boss continually assigned her to the least desirable tasks at work, did not step in when fellow employees repeatedly mocked her and implied that her injury wasn’t real, and refused her applications for a promotion.

Maria endured the treatment. She had already rocked the boat by filing a workers’ compensation claim. If I speak up now, she thought, I will lose my job. She dreaded going into work every day, and her job performance suffered.

The nation's deadliest job is not what you think

Police officers and professional firefighters understand the dangers inherent in their jobs. They all recognize any day that they leave for work could be the day when they will not come home.

Yet, as risky as those professions are, being a trash collector means holding the most dangerous job in the country. Garbage workers are far more likely to die while on the job.
Fatalities are on the rise, with deaths in 2015 peaking to the highest point in a decade.

Where Colorado stands on controls of toxic chemicals

Exposure to toxic materials is something to take seriously. If you know that something could do you harm, chances are you will strive to avoid situations where contact might be possible.

Unfortunately, there are industries in Colorado in which exposure to hazardous chemicals is unavoidable. If you work in one, your employer has a responsibility to make sure you are aware of the dangers and equipped with the proper protection and training to minimize the risks. If you do suffer illness or injury as a result of your work, you are entitled to certain medical and financial benefits. Obtaining the full measure you deserve, though, can sometimes be a legal challenge.

Settlement conferences: The process and the benefits to you

Settlement conferences are valuable and effective ways to resolve workers’ compensation cases. Two parties who struggle to find compromise have the opportunity to negotiate a compromise outside of the courtroom. Both sides can benefit from a middle ground that provides closure and allows injured workers to move on with their lives.

Simply stated, everyone involved has a say in the outcome of settlement talks. They can avoid the lengthy process that comes with a formal workers’ compensation hearing.

Staying safe while working a Colorado fair or festival

In the wake of the Ohio State Fair Fire Ball accident, many are questioning whether they will be safe at the Colorado State Fair this year. There is one group of people, however, that do not question their safety enough: The workers.

Burns from manning food booths. Heat stroke while taking tickets. Back injuries from carrying instruments and other heavy objects. Slip and falls. Falls from heights. Electrical shock. Assaults by drunk concertgoers. There are many ways workers face injury, whether they are working the State Fair, a Red Rocks concert or another festival or event.

The passion of the nurse

In a 2015 study, the Bureau of Labor Statistics found that approximately five of every 1,000 registered nurses in the United States missed work due to injury. Of all the physical damage these medical professionals face on a daily basis, back injuries topped the list.

Few occupations are more hazardous and more misunderstood. Misconceptions continue to surround day-to-day duties. Many do not see nursing as tough physical work normally associated with hard labor. However, another analysis of the profession showed that nurses rank 11th among categories of workers most likely to be hurt on the job.

Is a growingly gray workforce increasing job site fatalities?

As modern-day baby boomers set aside the growingly antiquated notion of retirement at 65, the workforce is getting older. In fact, the U.S. government now estimates that older workers will compose 25 percent of the labor force by 2024.

However, with age comes physical change. With physical change comes the increased likeliohood of a workplace accident resulting in a serious, potentially fatal injury.

What those denied work comp benefits should know about the formal hearing

As much as we would like to think that employers and/or insurers will honor their commitments in the event an employee suffers a serious injury, this is not always the reality. Indeed, the simple truth is that injured persons may find themselves having to fight for the workers' compensation benefits to which they are otherwise entitled.

If there is any good news to come from such a scenario it's that the law does provide injured workers with several forums through which to attempt to resolve their concerns with an employer or insurer, including a prehearing conference, settlement conference and, of course, formal hearing.

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