A Few Words to the Injured Worker: As a Colorado Lawyer representing many injured workers seeking medical and legal benefits for their work injury I've set up this original website to be user friendly and conversational in tone. That means we've sought to keep it simple yet also complete in providing basic information, tips, hints and resources for you. It is no substitute for individualized legal advice. For that contact us at 719-596-8900.
Now let's get down to providing you with basic information and tips:
First, please check out our latest website at attorneyfalcone.com and our award winning law blog that keeps you up to date on claims, cases, current events and also links to many other resources.
Next, this tip is obvious but you'd be surprised how many people will trust the information provided to you by your employer or the workers compensation insurer or adjustor. Maybe it's okay but often your legal and medical interests are quite different then what is being told to you. Please use your common sense and obtain accurate reliable information. You can always check in with your attorney but if you do not have one call the Colorado Division of Workers Compensation customer service section for at least an independent review.
Always double check the wage calculations on you. This appears as something called AWW or average weekly wage on the paperwork. This subject can be quite complicated and is often vital to maximizing your benefits. Again do not count on the insurer to come up with a correct number. In fact a Judge can decide in his discretion to figure it any way he deems fair. By the way it can include overtime and other fringe benefits.
Always tell the designated and authorized doctor all that is wrong with you. Be complete. For example if you fell and hurt your shoulder perhaps also you hurt your back or neck or even may have hit your head. However minor it may seem bring it up. This includes any stress, worry or sleeping problems you may be experiencing. In other words tell all to your doctor as it may be covered, treated and compensated for by workers compensation.
Do not accept the view of the treating or designated doctor as the final answer. You may be entitled to more treatment or to a higher calculation of your impairment and disability. However you may have to act fast should a Final Admisssion be sent to you as it has a deadline to act. Speaking of that do not wait until the last day to act or try to obtain an attorney. Since attorney fees are usually the same whether it is day one or day 100 or later it makes sense to retain an attorney sooner rather then later.
There are 4 basic benefits if your claim is compensable or covered. At times a claim is contested and if so hire a lawyer without delay if at all possible. All admitted or covered claims may have these 4 benefits:
1. Medical benefits to help cure and relieve you.
2. Temporary benefits which help compensate you for loss of wages during your treatment.
3. Disfigurement benefits for a scar or burn.
4. A permanent benefit depending on the extent of your impairment or disability. Again do not
trust the accuracy of this by the insurer as this benefit can be much higher then they want.
Pay attention to every piece of paper you get from your employer, the insurer and the doctors. Save it all and turn it over to your attorney if you have one.
Here is one tip you can easily do: get educated about workers compensation. Read the pamphlet put out by the Colorado Division of Workers Compensation and also explore that website. Our clients receive even more materials and most importantly can call whever they have a question. Having a reliable source for help and answers is a big stress reducer for clients.
Last....if you can please consult with an attorney who will be strictly on your side. In this area lawyers work on a contingency rather then an hourly basis. That means you'll never have to worry about paying hourly attorney fees as usually your attorney is paid by a percent of what you receive. Insurers like to put this down but it is the only way the average person can fight them on an equal basis. Insurers hire and pay their attorneys usually on an hourly basis. They can afford to hire experienced and competent attorneys at a considerable expense. Almost anyone off work due to an injury cannot do this. The contingency fee is the best way to level the playing field and receive top notch legal help. Also know that having an attorney is for your own protection so you are not isolated and overwhelmed by others.
In this area your lawyer may be critically needed to protect you. By the way don't fall for the view all attorneys are bad guys...Abraham Lincoln was a lawyer. Of course insurers don't like us but my job is to protect my client in his or her workers compensation case not the insurer.
Richard E. Falcone, P.C.
Attorney at Law
730 North Weber Street
Colorado Springs, CO 80903
CALL US AT: 719-596-8900
FAX US AT: 719-596-0086
EMAIL US AT: workcomp@usa.net