Workers Compensation « McDivitt Law Firm

Archive for the ‘ Workers Compensation ’ Category

Apr

Are Older Workers More Prone to Injuries in Work Accidents?

April 15, 2013

Construction accidents are one of the most common reasons for an individual to apply for Workers’ Compensation Benefits in Colorado. The sheer volume of claims generated by the industry leaves many wondering if age contributes to the chances of a worker being injured or killed while on-the-job.

An article in the Engineering News-Record claimed research showed that while older workers are less likely than younger employees to be involved in workplace accidents, they are more likely to die if they are involved in such an incident. The construction industry as a whole saw a rise in serious workplace accidents between 2011 and 2012. The highest increases were among workers who were 50 to 54-years-old. This age demographic saw a roughly 20 percent increase while accident rates among 25 to 29-year-old workers actually dropped.

While older workers are less likely to be the victims of on-the-job accidents, researchers concluded they present a greater liability to employers. The costs associated with older worker’s injuries tended to be much higher than that of younger workers. Older employees also required longer recovery and rehabilitation times.

Older workers may be more prone to develop chronic musculoskeletal disorders over time as well.

The McDivitt Law Firm recognizes how devastating a work-related injury can be. Their team of Colorado Personal Injury Lawyers may be able to help if a person has been hurt in an on-the-job accident that occurred at no fault of their own.

Mar

New Law Could Allow Changes to Colorado Workers’ Compensation Policies

March 20, 2013

Almost every business in the state of Colorado is required to purchase workers’ compensation insurance to cover expenses in the event a worker is killed or injured in an accident. In an effort to help control costs associated with this and to promote safe work environments, a bill has been introduced to legislators that would allow businesses the opportunity to increase the deductibles on their Colorado Workers’ Compensation policies.

An article released by Our Colorado News explains the law currently allows an employer to carry a deductible of up to $5,000 on a policy. Any business not carrying a policy is subject to an initial fine of up to $250 per day, followed by a $500 per day fine for every subsequent offense.

The new law would permit a business to raise the deductible on their policy to a number established by the insurance commissioner. This would not only allow businesses to save money on the amount they pay in premiums, but would also hold business owners more accountable for providing safe work environments and training.

So far, the bill received unanimous approval from the state House of Representatives and will now be examined by the Senate before making its way to the governor’s desk.

The Denver Personal Injury Lawyers at McDivitt Law Firm are encouraged by the efforts being made to promote workplace safety in Colorado and are hopeful that further improvements will be made.

Feb

Are Acts of Violence Covered by Colorado Workers’ Compensation Plans?

Feb. 13, 2013

Gun control is a hot topic across the United States, and many citizens are wondering what laws and policies are in place to keep them safe from violence while at work. An article from the Pittsburgh Post-Gazette discussed this issue, while also touching on the steps some businesses are taking to prevent such acts.

According to the Bureau of Labor Statistics, a total of 458 lives were lost in 2011 to workplace violence. These incidences accounted for nearly 20 percent of all workplace fatalities that occurred that year.

These acts of violence occur despite current legislation, like the Occupational Safety Health Act, which protects an employee’s right to a workplace free of hazards. The only good news is, when these acts do occur, the victims can often receive assistance through a Colorado Workers’ Compensation plan.

Colorado law requires most employers to purchase workers’ compensation insurance to cover costs in the event of an accident, and holds an employer responsible for a worker’s injuries in the event of an accident. Furthermore, an employer can face civil suits when acts of violence occur at the workplace for negligently hiring a dangerous individual or for not providing enough security or training to handle such an event.

The Colorado Personal Injury Lawyers with McDivitt Law Firm encourage anyone who has been harmed on the job through no fault of their own to discuss their legal rights with an attorney.

Jan

Peace Corps Volunteers Report Lack of Government Support When Hurt

Jan. 28, 2013

Thousands of individuals volunteer each year to the federally funded Peace Corps hoping to give back around the world. But too often, they are sent away without a proper support system that will protect them from dangers ranging from assaults to diseases. More disturbing, though, is the lack of support available when they are hurt.

An article from Fair Warning recently highlighted the story of a young woman from Colorado Springs, Colorado. She joined the Peace Corps, and was sent to Burkina Faso in West Africa during Sept. 2008. While there, she began having stomach issues and learned she had contracted a gastrointestinal infection. She was sent home in Dec. 2009, but faced mounting medical bills and treatment for the condition—which the US Department of Labor refused to assist with.

The troubles that Peace Corps volunteers encounter when trying to receive Workers’ Compensation Benefits have received heavy attention in recent years. A lack of approved providers and funding plague those lucky enough to receive benefits after cutting through the system’s red tape.

Experts say many injured Peace Corps volunteers simply do not understand their legal rights to compensation. The Denver Personal Injury Attorneys with the McDivitt Law Firm have seen this problem in many different industries and may be able to help clarify what your rights and responsibilities as an employee are if you have been hurt at work.

Jan

Denver Construction Accident Injures Worker

Jan. 16, 2013

Construction accidents are a leading cause of work-related fatalities and injuries in the United States. The Bureau of Labor Statistics found that a total of 721 construction workers died on the job as a result of work related accident in 2011. The construction industry reported a rate of 8.9 workers injured workers per 100,000.

One such accident occurred yesterday morning at a site in Denver. According to an article from The Denver Post, the incident occurred at around 9 a.m. along the 1400 block of Delgany Street. Reports say the worker was climbing a ladder roughly 40 feet out of a trench when he slipped and fell. Coworkers found the injured victim at the base of the ladder a short time later and called for rescue crews. Paramedics were able to secure the victim to backboard and lifted him from the trench by an on-site crane. The worker was then rushed to a local trauma center for treatment.

By law, most employers in Colorado have a responsibility to ensure the safety and health of their workers by purchasing Denver Workers’ Compensation insurance to cover certain expenses in the event of a work-related accident. However, the workers’ compensation insurance adjuster may not have a victim’s best interest at heart.

The Denver Personal Injury Lawyers at McDivitt Law Firm may be able to help if you have been harmed in a work-related accident.

Dec

Workers’ Compensation Rates to Rise in Colorado Next Year

December 21, 2012

With a steadily rising number of Colorado workers who are filing for workers’ compensation benefits due to on-the-job injuries, experts say that employers will not only be seeing a rise in workers’ compensation insurance premiums next year, but the trend will likely continue for years to come.

An article from the Denver Business Journal stated the Colorado Division of Insurance (DOI) recently announced a 5.8 percent hike in the state’s basic workers’ compensation insurance rate for 2013. This is the third year in a row the rate has risen, and the DOI said the agency is considering a possible rate increase again in 2014.

This leaves many employers wondering how much they will be paying for Colorado Workers’ Compensation coverage next year. Depending on factor—such as the type of industry a company is in and the injury rate for that industry—will determine the rate of increase for each individual business. For example, the construction industry could see rates spike by as much as 10 to 15 percent next year.

The rises in the number of injury claims being filed and the subsequent rise in costs are making it more difficult than ever for an injured worker to have a claim approved. That is why the Colorado Personal Injury Lawyers with the McDivitt Law Firm believe it is more important than ever to have an attorney on your side when filing a claim for benefits.

Dec

Denver Workers’ Compensation Lawsuit Settlement Reached

December 3, 2012

Retail giant Wal-Mart reached a settlement agreement with 13,521 employees in in a class-action Denver Workers’ Compensation lawsuit they filed against their employer and its insurers. According to court documents from the case of Gianzero et al v. Wal Mart Stores, Inc. et al, the companies paid a combined total of more than $8 million as part of the settlement.

The case was brought against the companies after employees complained that Wal-Mart “interfered with and limited the independent judgment” of some medical providers who treated employees who had sustained work-related injuries.

Wal-Mart employees in Colorado who had an open Denver Workers’ Compensation case from January 2001 to November 2011 may be eligible for a piece of the settlement, which court documents show will amount to a total of between $50 and $520 per victim.

A growing number of Colorado Workers’ Compensation claims and the increasing associated costs have led to the Colorado Division of Insurance announcing that the Colorado workers’ compensation insurance rates employers pay will go up by 5.2 percent in 2013.

The Colorado Personal Injury Lawyers with the McDivitt Law Firm believe the rise in rates will only make it more difficult for injured workers to have claims approved. This could make it more important than ever before to have an experienced lawyer on your side if you are preparing to file a claim or have been denied in the past.

Oct

Court Issues Ruling for Colorado Workers’ Compensation Benefits Claim

Oct. 31, 2012

The Colorado Court of Appeals recently found that if an employer admits fault for an accident resulting in a worker’s injury, but then recants the statement, they carry the burden of proving the employee’s injury was not work related.

In the case of Rodriguez v. Industrial Claim Appeals Office, court documents show the victim, who was a special events coordinator for the city of Brighton, Colorado, suffered an unexplained fall on the steps of her office building. She was taken to the hospital, where CT scans and an MRI showed several unruptured aneurisms on her brain.

While Brighton initially accepted responsibility for the woman’s injuries, they later denied liability, saying the aneurisms were not caused by the fall, and her claim for Colorado Workers’ Compensation benefits was denied.

However, the Colorado Court of Appeals recently ruled in the victim’s favor and ordered the city to pay the woman’s lost wages. The panel of judges hearing the case explained that when an employer accepts liability for an accident, they also accept the burden of proof if they later choose to deny responsibility.

The Denver Personal Injury Lawyers with McDivitt Law Firm understand how confusing filing a workers’ compensation claim can be and are here to answer any questions you may have about a claim you are preparing to file or one that has been denied in the past.

Aug

One Worker Killed and Three Injured in Colorado Gas Well Explosion

Aug. 17, 2012

A 60-year-old worker was killed and three other injured earlier this week at the site of a natural gas well that was under construction just outside of Platteville. The Denver Post reports the incident occurred at around 1 p.m. on Wednesday afternoon.

The men were part of a team contracted to do testing and put the finishing touches on the well. A leak allowed pressurized gas that had built up to be released suddenly, causing a massive explosion.

The Weld County Coroner determined the victim died as a result of massive trauma from the explosion. Three other workers suffered injuries and were treated and released at a local hospital.

The site is closed while the company that owns the well and the Occupational Safety and Health Administration (OSHA) conduct investigations to determine the cause of the explosion and whether or not it could have been prevented.

The Bureau of Labor Statistics found that mining industry injuries are up by as much as 110 percent in recent years. These accidents often result in the need for a victim to file a Colorado Workers’ Compensation Claim, which can be a long and confusing process.

This is why the Denver Personal Injury Lawyers would encourage anyone who has been injured or lost a loved one due to a work-related accident to discuss your legal rights with a qualified attorney immediately.

Aug

Injured Colorado Firefighter Speaks About Her Injuries

Aug. 6, 2012

A Colorado volunteer firefighter is speaking out her injuries from one of the many recent wildfires. The female victim told Colorado’s 9 News that the she thought she would surely die as a result.

The incident occurred on March 18 in Yuma County during the Heartstrong fire. The woman’s firefighting crew received a call for the fire and quickly headed to the blaze. When their fire truck became stuck, the flames began to close in.

The flames moved quickly and engulfed the victim soon after she fell down. The victim stated “As the fire was going over me, I prayed and I said ‘God, if you’re going to take me, take me now, because it’s hot.’” The flames passed as quickly as they came though, leaving the woman’s body badly burned.

She lost several toes and suffered numerous second and third degree burns across her body. Her lungs were also severely damaged by the heat and smoke.

Many of the firefighters who were injured in the recent wildfires did not have insurance to cover their injuries after the accident because of their employment status with the fire department. Congress only recently passed an order to offer these firefighters federal workers’ compensation coverage.

The Colorado Personal Injury Attorneys at McDivitt Law Firm recommend discussing your legal options with an experienced attorney if you were injured as the result of a work-related accident.

Pages (4): 1 2 3 4 »

McDivitt Law Firm | Injury Law Blog