If you have questions regarding the different types of workers’ compensation benefits in Denver that you may be eligible for, reach out to a weathered Denver injury attorney today who can help to give you an estimate based on your individual situation. Read on to learn more about what goes into determining workers’ compensation benefits in Denver, as well as the ways a seasoned lawyer could make a difference for your case.
Examples of Benefits Covered
While the benefits an individual may receive under workers’ compensation in Denver are dependent on their own unique situation regarding their injury’s circumstances, most injured employees can expect to receive reasonable, necessary, and related medical benefits for their injuries. Maintenance care can also be covered if that is recommended by their medical professional, as well as wage loss benefits, permanent impairment benefits, vocational rehabilitation, and mileage reimbursement. The family of the injured employee may also receive benefits if those injuries ultimately result in that individual’s death.
Ineligibility for Workers’ Compensation Benefits in Denver
In order for an individual’s claim to be compensable, they must have received an actual injury that was work-related in nature. One’s claim could be rendered not compensable if an employer-employee relationship did not exist, there was an imported danger present such as intoxication while working, or the injured worker engaged in horseplay. Comparative fault could also be brought into play if there was a failure to use safety equipment or follow safety guidelines as part of the individual’s job duties. Any of these situations could make an individual ineligible to receive workers’ compensation benefits in Denver.
While it is unusual for an individual to receive both unemployment and workers’ compensation benefits, a situation could exist where an individual currently receiving unemployment benefits hires an attorney who will help them attain wage loss benefits. If those additional benefits are obtained for the same period of time that the individual was receiving unemployment benefits, the court will subtract what was already received in unemployment benefits from their wage loss compensation. This offset exists in an attempt to keep employees from gaining more compensation than they are entitled to receive.
Calculating Wage Loss & Permanent Disability Benefits
An individual’s wage loss benefits are dependent on their average weekly wage that they earn with their employer. With respect to permanent disability benefits, depending on the body part and type of injury, the value of the impairment may be determined by that average weekly wage as well because it is one of the values plugged into the equation used for their calculation. Both temporary and permanent benefits are affected by the amount of money that someone makes.
Role of a Professional Workers’ Compensation Attorney
From filing the necessary documents to arguing legal issues or pursuing denied benefits at a hearing, the role of a dedicated lawyer is significant in ensuring one’s compensation in a case. A skilled attorney will fight to make sure the injured employee is receiving proper medical care that does not contain bias towards insurance companies. They can handle all correspondence with the workers’ compensation carrier and the Division of Workers’ Compensation, while advising the employee on the benefits that they are owed. There are many types of risks and strategies associated with pursuing these benefits that only an experienced lawyer will be able to predict. If you require legal assistance regarding workers’ compensation benefits in Denver, reach out to a determined attorney today to schedule your initial consultation.