I need help with work related injury

Asked about 1 year ago - Denver, CO

I had a work related injury and had surgery. As a result I can not return to work due to my permanent weight restrictions. I need to know what my next step is.

Attorney answers (8)

  1. Larry Alan Apfelbaum

    Contributor Level 13

    5

    Lawyers agree

    Answered . First hire attorney that knows CO WC law.

    But looking at this one step at a time: does your employer have work within your restrictions? is so, go to work. If not, you probably have to look for suitable work on your own or with WC's help. The key is to understand what the law requires so your paycheck continue. Some states provide for retraining if suitable work is not available and if neither work or retraining are possible you might get permanant disability checks and lifetime medical.

    Another thing to consider is whether and when to apply for social security disability, which is based on your age, education, work hisotry and medical condition/ability to work.

    I am sure you have never been in this situation. You really need the best advice in order to make the right decisions.

    good luck
    .

    I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and... more
  2. Stephen Clark Harkess

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You should sit down with a worker's comp attorney to review your options.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  3. Siddhartha H. Rathod

    Pro

    Contributor Level 4

    3

    Lawyers agree

    Answered . I agree with the other attorneys, contact a workers compensation attorney. Many of these attorneys offer free consultations and work on a contingency basis.

  4. Nancy J Wallace

    Contributor Level 14

    4

    Lawyers agree

    Answered . I'm not licensed in Colorado, but am aware YOU -- the injured worker -- have a burden of proof to show the amount of permanent disability.

    If you're using the findings of a physician 'in bed' with the comp adjuster, you've already shot yourself in the foot.

    Which is why my learned colleagues suggested an attorney.

    I'll pop in the the Colorado Division of Workers Compensation page links so you can read the helpful answers there... but, basically, you have to get evidence to the Claims Mgt Unit to prove your amount of disability, and it doesn't sound like you should try that without expert counsel.

  5. George Ellis Corson IV

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Your next step is to hire an Attorney to help you decide what your next step is.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more
  6. Joseph Benjamin D'Amico

    Contributor Level 7

    3

    Lawyers agree

    Answered . Find a Colorado workers comp attorney on this site. If none, do a Google search for the same.

    Joe D'Amici
    www.mycomplawyers.com

  7. Britton Jess Morrell

    Contributor Level 6

    1

    Lawyer agrees

    Answered . You are really faced with a lot of hard decisions and issues:

    FIRST:

    It is critical that you get to a Colorado Lawyer whose primary practice is representing injured workers. If you have permanent restrictions that means that your Treating Doctor has placed you at MMI - meaning that the carrier will soon file a paper called a Final Admission of Liability and seek to shut down and close your claim. You do not need to be in agreement, you do not have to sign anything, and refusing to cash a check will not stop your case from closing.

    Sadly - I meet with injured workers who thought otherwise and they are stuck with what the insurance carrier decides to gave them. So please - please - get to an attorney IMMEDIATELY to make sure your case does not close.

    SECOND: If you cannot do your old job you should do the following: (1) Are you sure you can't do it? Is there some small easy change that could be made that would allow you to do the job. Example: I can't lift things over head - solution - if I had a step stool - I could do that work without lifting overhead. If so then request those small changes. (2) Is there another job at the company that you are qualified to do - and that job is open? If so - apply for that job. If your answer was yes to either 1 or 2 and the employer refuses you - then file a charge of discrimination with the Colorado Civil Rights Commission for Disability Discrimination - and again.... talk with an employment lawyer.

    THIRD: In workers compensation - once you reach MMI and have permanent work restrictions - you are not eligible for wage loss benefits unless you can show you are so disabled you cannot work any job for any amount of pay. "Any pay" means any amount of pay - not just what you used to earn - but if you can do a part time minimum wage job then you get no benefit for losing your old job. So that is another reason why you need a lawyer to maximize your other benefits so that you have options for re-training if you can't do your old job.

    Britton Morrell
    www.kaplanmorrell.com
    (866) 356-9898

  8. John M Connell

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . I agree with Britton and would be willing to speak with you if you have questions.

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