Can Someone Receive Both Workers’ Compensation And SSD Benefits?
There are limited circumstances for unemployment and long term disability. For long term disability, you need to talk to your Human Resources Department, get a copy of your contract with the long term disability company, and see what that particular long term disability company’s statement is regarding the interplay of Workers’ Compensation and long term disability. In regard to social security disability, you are absolutely entitled to collect both social security disability and Workers’ Compensation benefits. In Colorado, we are a reverse offset state, so you would receive the full amount of your social security disability benefits but the Workers’ Compensation insurance carrier would take an offset, meaning that they would decrease the amount of weekly benefits they pay you based on the amount of social security disability benefits you are receiving.
Are Most Workers’ Compensation Claims Initially Denied?
Many more Workers’ Compensation cases are initially denied now than they used to be. I feel like I fight compensability cases now more than I ever have, which is why I stress that it is so important to report your claim right away. The most common reason an employer will fall back on to deny your claim is delayed reporting. The second most common reason I see cases denied goes back to prior medical treatment. An insurance carrier loves to deny a case if you’ve had prior treatments or prior injuries to that part of the body because if you have a pre-existing condition, then it’s your burden to show that it was aggravated by the on-the-job injury.
What Are The Risks Of Not Hiring An Attorney In A Workers’ Compensation Claim?
There are a lot of risks to handling your Workers’ Compensation claim yourself. The adjuster for the Workers’ Compensation insurance carrier is not required to inform you of every benefit that you are entitled to. A basic benefit is mileage. You are entitled to reimbursement for the mileage you drive between your home and your medical appointments, or to pick up your prescriptions. Workers’ Compensation insurance carriers frequently do not tell you that you are entitled to mileage reimbursements.
Employers frequently try to force an employee to return to work when that employee is on restrictions and temporary total disability benefits. There are rules in place that employers must follow and I often see insurance adjusters try to bypass those rules. If an adjuster does bypass the rules and you return to work on modified duty, and you don’t receive modified duty, you could end up re-injuring yourself or delaying your recovery.
Why Do I Need An Attorney Who Handles Workers’ Compensation Specifically And Not A General Personal Injury Attorney?
When you are injured on the job, you need a specific Workers’ Compensation attorney as opposed to a general personal injury attorney. A general personal injury attorney doesn’t understand the short deadlines, the requirements, and the procedures of the Workers’ Compensation Act. Workers’ Compensation can be complicated and there is a reason why most personal injury attorneys will not dabble in workers’ compensation. We have one specific deadline in Workers’ Compensation law, which is 30 days. If you or an attorney miss that 30-day deadline, your case is closed and it is extremely difficult to reopen it.
Why Would I Hire Brewer Law Offices As Opposed To Another Attorney?
For 27 years, I’ve been doing Workers’ Compensation law. I’ve seen case law evolve; I’ve seen the Workers’ Compensation law evolve. I’m also an advocate for the injured worker. I am the Vice President of the Workers’ Compensation Education Association and as such, I am a member of a team that tries to promote the rights of the injured worker with the legislature, so that the injured worker has better benefits available. Colorado can be a very employer and insurance company oriented state where Workers’ Compensation is concerned. At my firm, we have tons of experience in handling these types of cases. We are also a smaller firm and we really pride ourselves on giving individual attention. I don’t mind if I need to sit down and explain things several times because it’s a difficult law and I really enjoy getting to know my clients and getting them the benefits they deserve.
For more information on Workers’ Comp & SSD Benefits In Colorado, a personalized case evaluation is your next best step. Get the information and legal answers you are seeking by calling (303) 900-7274 today.
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