Denver Workers' Compensation FAQ

Workers' compensation in Colorado can be confusing and complicated. If you have questions about the process or your claim, it is important that you hire a skilled and knowledgeable workers' compensation attorney to help you understand your options.

It is important that you act quickly. There are many time deadlines in worker's compensation, and it is important for you to act quickly so that your rights will not be lost forever.

At the Law Offices of Steven H. Gurwin, we help clients at all stages of the workers' compensation process. Whether you need assistance with a workers' comp hearing or a denied claim, attorney Steven H. Gurwin will answer your questions and give you the personal attention you need and deserve.

Attorney Gurwin will personally handle your case and help you through your workers' comp issues. Your case will not be handed off to an associate, as is true with many other law firms. Contact Steven H. Gurwin, a Denver workers' compensation attorney, to discuss your case.

Can I Sue My Employer?

In Colorado, workers' compensation is an exclusive remedy. This means that if you are hurt at work, you have to go through the workers' comp system. You cannot file a lawsuit against your employer unless your employer did not carry workers' comp insurance at the time of your accident. However, it may be possible to file a lawsuit against certain third parties, so it is important that we be able to discuss the facts of your case with you in detail so that we can advise you whether it is possible to file a lawsuit against a third party in addition to filing a worker's compensation claim.

What Is Meant by Maximum Medical Improvement?

Maximum medical improvement (MMI) refers to the legal point at which no more significant improvement in your medical condition is expected. It doesn't mean you are as good as you were before the accident or that you are symptom-free. It means, medically, you are as good as you're going to get.

The date of MMI is one of the most important and contested issues in workers' comp law. The insurance company and the workers' comp doctors want to get you to MMI as soon as possible, because when that happens the insurance company can stop paying you temporary disability benefits. It is important that you have a knowledgeable attorney independently evaluate whether you are really at MMI, so that you do not have to take the word of the worker's compensation doctors. If you are not really at MMI, we will fight hard to get you all the medical care you need.

Answering Your Workers' Comp Questions

Attorney Steven H. Gurwin can answer any of your questions about workers' compensation, including:

• What if the workers' comp doctor releases me to return to work before I am ready? Workers' comp doctors are trying to release you as soon as possible to cut costs. If your doctor releases you early, we will guide you through the complicated process of petitioning the Division of Workers' Compensation to change doctors.
• What if I Was Injured in a Car Accident While on the Job? If you were injured in a car accident while working, you will be covered under workers' compensation and have a third-party liability claim against another party, such as the driver of the other vehicle.
• Can I pick my own doctor? Unfortunately, Colorado law allows the workers' comp insurance company to select your medical provider at first. The worker's compensation doctors are often more concerned with saving money for the insurance company than with giving you good medical care. However, there are certain ways that we can get you a change of physician, but it is important that you act quickly.
• Can I reopen a closed case? Yes, unless you signed an agreement waiving your rights.
• Do I qualify for disability benefits? If you are unable to work after a work-related accident, you may be eligible for disability benefits.
• What if the insurance company denies me medical care? If your insurance company is denying you the medical care your doctor recommends, such as treatment for head, neck and back injuries, we will file an application for a hearing and get into court as soon as possible. Attorney Gurwin will fight to have the court order the insurance company to pay for your medical care.
• Am I entitled to pain and suffering damages? You cannot get pain and suffering damages in a workers' comp case. However, you may be able to secure compensation and treatment for psychological or emotional injuries that affect your ability to work, such as depression, anxiety, irritability with friends and family members, and a inability to sleep.
• Is job retraining available? Job retraining is not available in Colorado. It was taken out of the worker's compensation law in 1987. That is why it is important for you to get the largest settlement possible, since you may have to pay for your own retraining if you are not able to return to your regular job.

Need Help With Broomfield Job Retraining? Lawyer Gurwin Can Help.

Whether you need help from a Broomfield job-retraining attorney or a Denver medical benefits attorney, we can help. Contact our workers' compensation firm to discuss your case. Please call (303) 771-7373 for a 24-hour recording, which will provide you with additional information concerning workers’ compensation in Colorado.

Free consultations ● Spanish interpreters available ● Weekend and evening appointments available