Best Workers Compensation Lawyers in Lakewood

About Workers Compensation Law in Lakewood, United States

Workers Compensation law in Lakewood, United States, is designed to provide protection and benefits to employees who suffer work-related injuries or illnesses. This system ensures that workers receive proper medical care and financial assistance without the need for litigation. It also protects employers from direct lawsuits by offering them coverage and limited liability. In Lakewood, as in the rest of Colorado, Workers Compensation operates under state law, and it mandates that most employers carry Workers Compensation insurance to cover their employees.

Why You May Need a Lawyer

There are several common situations where legal expertise may be necessary in Workers Compensation cases. First, if your claim is denied by your employer or the insurance company, you may need legal assistance to appeal the decision. Additionally, if you are offered a settlement that doesn't cover all your medical expenses or lost wages, a lawyer can help negotiate better terms. Legal support is also essential if your employer retaliates against you for filing a Workers Compensation claim. Moreover, complex cases involving permanent disabilities, pre-existing conditions, or where a third party is involved, often require the guidance of a skilled attorney.

Local Laws Overview

In Lakewood, Workers Compensation laws fall under the larger umbrella of Colorado state law. Some key aspects to note include the requirement for employers to carry Workers Compensation insurance and to report any workplace injuries. Employees have four days to report their injuries to their employer, and employers must provide claim forms to their employees immediately upon receiving notification. The Colorado Division of Workers' Compensation oversees these regulations and ensures compliance. Additionally, there is a two-year statute of limitations for filing a claim, which can extend to three years in cases where compensation was mistakenly or improperly paid.

Frequently Asked Questions

What should I do if I get injured at work?

Immediately report the injury to your employer and seek medical attention. Ensure that you complete any necessary forms and follow your employer's procedures for reporting workplace injuries.

How long do I have to file a Workers Compensation claim?

In Colorado, you generally have two years from the date of injury to file a Workers Compensation claim. Some exceptions may extend this period to three years.

Can I choose my own doctor for treatment?

In Colorado, your employer has the right to designate a medical provider. You must go to one of the healthcare providers specified by your employer or insurer for the initial treatment.

What types of benefits are available under Workers Compensation?

Benefits include medical care, temporary and permanent disability benefits, and vocational rehabilitation. The goal is to cover the costs related to your injury or illness, and any loss of earnings.

What if my employer doesn't have Workers Compensation insurance?

If your employer is not carrying Workers Compensation insurance as required, you may report them to the Colorado Division of Workers' Compensation, and could potentially sue the employer for damages.

Can I be fired for filing a Workers Compensation claim?

No, it is illegal for an employer to retaliate against an employee for filing a Workers Compensation claim in Colorado.

What happens if my Workers Compensation claim is denied?

If your claim is denied, you have the right to appeal the decision. This often requires the assistance of a Workers Compensation lawyer to navigate the appeals process effectively.

How are Workers Compensation benefits calculated?

Benefits are typically calculated based on your average weekly wage prior to the injury. The specific amount can vary depending on the extent and nature of your injury.

Can I receive Workers Compensation benefits and still work?

Yes, depending on your doctor's recommendations, you may be allowed to work in a limited capacity or on light duty while receiving benefits. However, these benefits might be adjusted based on your current earnings.

What should I do if I'm not satisfied with the medical care I'm receiving?

If you believe your medical treatment is inadequate, you can request a change of doctor through your employer or file a request with the Colorado Division of Workers’ Compensation for a hearing on the matter.

Additional Resources

The Colorado Division of Workers' Compensation is a key resource for anyone dealing with a Workers Compensation issue. They offer guides, forms, and information about filing claims and disputes. Additionally, the Department of Labor might provide valuable information, and local legal aid organizations can offer assistance and guidance.

Next Steps

If you believe you need legal assistance with a Workers Compensation issue, consider consulting with a Workers Compensation attorney in Lakewood, who is familiar with local laws and can provide personalized advice. Gather all documentation related to your injury and claim, and contact a knowledgeable lawyer to discuss your situation and explore your options.