Factory floors are a uniquely dangerous place to work. Heavy machinery, lifting equipment, and loud noises all combine to create a multitude of hazards. Any of these hazards can result in a workplace injury that has the potential to cripple an employee. When this is the case, a worker is said to have suffered a catastrophic injury.
Aurora catastrophic factory injury lawyers can work to assist people during these difficult times to obtain the fair workers’ compensation benefits they deserve. If you have been injured in a factory accident, contact a determined workers’ compensation attorney that can fight for a positive outcome for you. En Español.
What is a Catastrophic Injury?
A catastrophic injury is any injury that permanently limits a person’s ability to work. Sadly, injuries that occur in factories are often catastrophic due to the dangerous machinery and heavy loads being moved about the floor. Examples of these injuries can include:
- Amputation of Limbs
- Spinal Cord Damage
- Compound Bone Fractures
- Third Degree Burns from either heat or chemicals
Any of these injuries will have a significant and permanent effect upon a person’s future earning potential. While there is no exact list of catastrophic injuries under Colorado laws, workers’ compensation insurance companies maintain databases of injuries that will usually be considered catastrophic. These injuries may result in a partial or total loss of earning potential for the rest of the worker’s life. An Aurora catastrophic injury lawyer can help individuals in their attempt to pursue damages for their loss.
Workplace Injury Laws and Benefits
All workplaces in Colorado must obtain a workers’ compensation insurance policy. This includes all workplaces that are factories. The purpose of workers’ compensation is to protect both employers and workers in the event of a workplace injury.
In cases of minor injuries, a worker visits a doctor and makes a full recovery. The worker is paid for any time missed. These benefits are paid at a rate of 2/3 the average weekly wage prior to the injury. But in more serious situations a worker is permanently injured. This injury results in the worker being unable to earn a living for the rest of their lives.
In situations where the disability is total, the worker is paid benefits for the rest of their lives. In other cases, a disability is not so serious as to totally disable the person but their ability to work is permanently reduced.
The impact of other injuries is harder to define. Injuries that result in brain damage, severe burns, or partial deafness are permanent but still allow an employee to perform some work. Here, the benefits are not limited by the law but the opinions of the treating doctor will be considered in the final award package. This opinion is a common reason for disputes over benefit packages.
Claims and Appeals
To start a workers’ compensation claim, an employee needs to report the injury to their supervisor, in writing, within four days of the accident. Failing to do this will likely result in a failed claim and a loss of medical coverage for the injuries.
Once this is done, employers contact their insurance providers. This allows the employee to obtain medical treatment from a list of pre-approved doctors. The employee must obtain treatment from this doctor and follow-up as required.
Role of the Doctor
The role of the doctor is to provide treatment and author an opinion as to any permanent damage to the employee. This permanent damage report will determine any long-term benefits issued by the insurance company. However, in many cases, the doctor’s opinion does not match the employee’s perceived ability to return to work. As a result, the benefit package is insufficient to cover the employee’s needs.
In these situations, the employee may appeal the proposed benefit package. Insurance companies also have the option to completely deny all benefits or treatment. This is usually done when the insurance company does not believe that the injury occurred while at work. Both situations are grounds for an appeal.
Talk to an Aurora Catastrophic Factory Injury Attorney Today
Aurora catastrophic factory injury attorneys can help people who are denied benefits under workers’ compensation programs. An attorney can understand the immense impact that these injuries have on a person’s life and fight to convince insurance companies that the worker deserves full benefits.
Colorado law provides for a number of options that a you may choose to appeal the findings ranging from mediation sessions to trials.
Aurora catastrophic factory injury lawyers can you clients to choose the method that provides the best chances for success. Contact an attorney today to see how they can help you.