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 and get a copy of your contract with the long-term disability company. Then you can see the contractual provisions of Workers’ Compensation and your long-term disability company. 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 used to be. I feel like I fight compensability cases more than I ever have, which is why I stress that it is so important to report your claim in writing 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 when cases are 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 the same part of the body that’s currently injured. If you have a pre-existing condition, then you have 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 has work restrictions and is receiving 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 that doesn’t adhere to your work restrictions 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 work with the short deadlines, the procedural requirements of the Workers’ Compensation Act, Workers’ Compensation Rule of Procedure and Office of Administrative Courts Rules pf Procedure. 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 tied to a Final Admission of Liability 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?
Since the early 1990s, I’ve been doing Workers’ Compensation law. I’ve seen case law evolve; I’ve seen the Workers’ Compensation rules law evolve. I’m also an advocate for the injured worker. I am a Board Member of our Workers’ Compensation trial lawyer group. Since 2018 I worked as part of a team that tries to improve Workers’ Compensation laws for the injured worker so that the injured worker has better benefits available. In my opinion, Colorado can be a very employer and insurance company-oriented state where Workers’ Compensation is concerned. At my firm, we have many years of experience in handling these types of cases. We are also a smaller firm and 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. 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, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 900-7274 today.
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