Posted on July 23, 2020 in Workplace Injury

The topic of unemployment, along with the benefits a worker may be entitled to after being laid off or furloughed, has been garnering increased media attention due to rising rates of unemployment and recent debate at the federal level. Although the spike of unemployment in the United States due to the COVID-19 pandemic has begun to decrease, the Bureau of Labor Statistics reported in June that the unemployment rate across most industries still more than doubles the rate of unemployment from the same time frame in years past. Given our current state of affairs in this country, it is important to consider how workers’ compensation may affect unemployed workers in Colorado.

Can I Receive Unemployment Benefits and Workers’ Comp Simultaneously?

This sudden rise in the rates of unemployment across the country has caused many families a lot of stress and worry, but how does this surge impact those currently receiving workers’ compensation? The number of nonfatal workplace accidents recorded in 2018 exceeded 900,000 according to the Insurance Information Institute (III). Even though the number is sure to be lower in 2020 due to higher than normal unemployment rates and quarantining practices, many people receiving workers’ compensation may find themselves also being displaced by the pandemic.

Continue Reading ››

 Posted on July 16, 2020 in Personal Injury

You may have recently heard of catastrophic injuries for the first time, especially with regard to brain damage. Recent discussions within the NFL surrounding traumatic brain injuries (TBI) and chronic traumatic encephalopathy—TBI and CTE, respectively have brought catastrophic injuries into daily discourse and increased awareness of such injuries, many of which are suffered in car accidents. As you may have guessed, catastrophic injuries are among the most severe a person can suffer, including—but not limited to—“… those causing permanent severe functional disability, and those causing severe head or neck trauma with no permanent disability.” While emphasizing head, spine, neck, and brain trauma, many debilitating injuries are included within this category, up to and including death. For victims seeking compensation, an experienced personal injury attorney can help determine if a catastrophic injury was caused by another party’s negligence.

Continue Reading ››

 Posted on July 09, 2020 in Workplace Injury

Summer is often regarded as the time of year when construction projects peak. Regardless of the type of project, orange barrels and caution cones will be a common sight across the country for the next several months. Although summertime may see many construction projects undertaken in earnest, it is also a time when outdoor workers and laborers face increased risks due to heat-related illnesses. According to Occupational Health & Safety (OH&S) magazine, “Productivity decreases by about one percent for every degree the temperature rises above 77 degrees Fahrenheit.” In sweltering 90 degree days, this can lead to substantial reductions in productivity, but also serious heat-related injuries for workers. In Colorado, most employers are required to carry workers’ compensation insurance in the event of a workplace accident. 

Continue Reading ››

 Posted on July 02, 2020 in Personal Injury

From the many popular lakes, public pools, rivers, and mineral hot springs, Colorado boasts some of the most varied and exciting waterways in the country. Although pandemic precautions may cause some of these popular pools and swimming spots to operate below capacity—or even close entirely—numerous Coloradoans and their families will find themselves entering the water at some point this summer. Whether boating, kayaking, or swimming, these popular aquatic activities come with their fair share of risks.

You may be surprised to hear that the Centers for Disease Control (CDC) recorded an average of 3,500 non-boating related drownings each year from 2005-2014. Kids are common victims, with drowning listed as the leading cause of death for children ages 0-4. Nonfatal submersion injuries are also very common for young kids. Although they are nonfatal, these submersion injuries can lead to hospitalization, permanent disabilities, or loss of function due to a decrease in oxygen levels in the brain.

Continue Reading ››

 Posted on June 23, 2020 in Car Accident

Even though lockdowns and quarantines as a response to the coronavirus pandemic have kept many Coloradoans off the roads, the number of driving citations issued by law enforcement for speeding has not reflected this change. In fact, traffic tickets issued by police for exceeding the speed limit have actually increased with the implementation of statewide isolation orders.

While fewer people are currently on the road, incidents of reckless driving have paradoxically increased, according to the Denver-based news agency, FOX31. Not only do they report a rise in the number of speeding citations issued since 2019, but the number of car accidents has also spiked. The Colorado State Patrol (CSP) reported 6,550 car accidents in the first four months of 2019. Just one year later, this number skyrocketed to approximately 9,600 crashes in the same amount of time — a 70 percent increase in one year.

Continue Reading ››

 Posted on June 17, 2020 in Workplace Injury

Although Colorado Governor Jared Polis’ “Stay At Home” order officially expired on April 26, many counties and cities in the state have continued to observe restrictions on business in an effort to limit the spread of coronavirus. For many Coloradoans, the return to normalcy will be a much longer time in coming as the Colorado Public Radio reports the COVID-19 pandemic “has erased one in 10 jobs in Colorado.” As heavily affected industries—such as restaurants, construction, and public works—begin to operate again and resume their projects, it may be more important than ever to be vigilant about safety. Workplace accidents occur even in the best of times and to the most cautious of employees. As a number of employees begin to return to work and employee density around construction sites, high-pace workplaces, and hazardous areas increases, accidents can occur. Therefore, it is important to understand disability and how it relates to workers’ compensation claims.

Continue Reading ››

 Posted on June 09, 2020 in Personal Injury

Like them, love them, or downright hate them, electric scooters will not be leaving Colorado anytime soon. By now, you have probably heard of Bird, Lyft, or Lime, three of the most popular e-scooter rental companies. Fundamentally, these companies do not differ much: Customers use a phone application to rent a scooter for a given amount of time by linking some form of online payment. In the last five years, these e-scooters have gone from fun novelty to a major mode of transportation. With such rapid implementation nationwide, this new mode of transportation has spread throughout the United States more quickly than current laws can keep up, leaving many states and cities with a patchwork of hastily adopted legislation. Although the technology of electronic transportation devices such as these is ever-changing, as with any motorized device, there is the potential for accidents with minor to serious injuries. Below are some answers to commonly asked questions regarding e-scooters that can help users stay safe and avoid collisions with other vehicles or scooters.

Continue Reading ››

 Posted on June 02, 2020 in Car Accident

Following a motor vehicle collision, the drivers involved are required to remain at the scene, render any necessary aid to those who have been injured, and exchange contact information with each other. Unfortunately, some drivers choose to flee the scene of a collision, and these hit-and-run car accidents can leave victims suffering from severe or fatal injuries. The Denver Post reports that, as of Thursday, May 28, 2020, the city of Denver has recorded 1,899 hit-and-run accidents since the beginning of the year, averaging approximately 390 incidents monthly. Drivers who have been involved in these types of accidents will want to understand the steps they can take to pursue compensation if the other person leaves the scene.

Four Steps to Take After a Hit-And-Run

An automobile accident is enough to leave anyone dazed, and doubly so if the other party has left the scene. Here are four things you should do in the event you are the victim of a hit-and-run accident:

Continue Reading ››

 Posted on May 27, 2020 in Personal Injury

The summer months are approaching, and bicyclists are going to flock to the roads in Colorado. As such, it is worth reviewing the rules of the road regarding how drivers and cyclists are supposed to interact. Using a few safety strategies can help avoid any unnecessary bike accidents. However, it is impossible to control the actions of others on the roadway, and negligent behavior by drivers can lead to serious injuries for cyclists. If you were injured in an accident while riding your bike, it is important to discuss your case with a personal injury attorney as soon as your immediate medical needs are addressed. Seeking compensation in Colorado requires finding fault with the other driver or cyclist involved, so you will need strong representation from a legal team you can trust.

Continue Reading ››

 Posted on May 18, 2020 in Personal Injury

Colorado’s relatively new Made Whole Doctrine serves to protect you from losing all or a significant amount of your liability claim benefits to an insurance company. It is important to understand how this law works so that you know you are getting the compensation that you deserve if you have suffered a personal injury due to another party’s negligence. Even though this law is designed to protect you, you still must work with a qualified personal injury attorney to pursue compensation in court and ensure that insurance companies are not violating any part of the Made Whole Doctrine.

Compensation Before the Made Whole Doctrine

Before the Colorado legislature amended state insurance laws to include the Made Whole Doctrine, health insurance companies or medical providers were allowed to subrogate (substitute themselves as the primary recipient of your personal injury claim) to guarantee that their costs were covered in full before you, the insured, received any compensation. As you could imagine, this caused a lot of problems. For example, if you were involved in a car accident and accrued medical bills that totaled $150,000, but you only received $100,000 in compensation from an at-fault driver's insurance policy or a personal injury lawsuit, the health insurance company could take the entire amount of compensation you received, and you would still be at a loss. Since the goal of compensating an injured party for his or her losses should not harm him or her financially, the Made Whole Doctrine needed to be implemented. 

Continue Reading ››