Denver Workers' Compensation Attorney Blog

Aurora employee shot while at work, seriously wounded

2013-05-21T15:43:02Z

The people of Aurora may have been shocked to learn of a horrific shooting in the 1800 block of South Havana Street earlier this week. The victim was an employee of an adult store and had been at work when the suspected gunman entered the store and shot the individual working. Aurora police are still looking into the crime, as well as what could have caused the suspect to shoot the employee.

While this is clearly a criminal act, the employee who has sustained a life-threatening work injury should be eligible for workers' compensation as he recovers from being shot. If, unfortunately, he is unable to survive these injuries, his family members may be able to claim dependency and death benefits.

]]> It is true that the owner of the store likely did not even consider someone entering the store and shooting one of his or her employees, but that does not mean that an employee is exempt from workers' compensation. The workers' compensation system in Colorado does not require fault, which means that anyone who is injured, even if it is no one's fault, is able to collect benefits.

Police are still hoping to learn why the suspect would shoot the employee of a store, and they are not sure if this was meant to be a robbery.

While most people in Aurora hear stories like this and immediately think about the criminal ramifications of shooting an innocent person, they may not think about the difficulty that can follow a life-threatening shooting. The employee may never be able to work again or, if he can, it may take a considerable amount of time before he is able to. During that time, he will likely need his workers' compensation benefits as he tries to recover.

Source: The Denver Post, "Worker shot in Aurora adult store, possibly in robbery attempt," May 20, 2013

Pro baseball players balk at brain injury protection

2013-05-17T16:37:07Z

Denver sports fans have been hearing a lot lately about the traumatic brain injuries that plague professional football players. Over the course of even just a season or two, these athletes suffer repeated blows to the head, causing long-term damage that may not only ruin their careers, but shorten their lives measurably by causing irreversible dementia and other serious neurological problems. Many former players have attempted to collect workers' compensation or filed lawsuits against the NFL as a result.

But what about athletes of other professional sports? Although baseball doesn't carry the same risks as football, players -- especially pitchers -- have been known to suffer brain injuries from line drives to the head. Thirteen years ago Boston Red Sox pitcher Bryce Florie was hit in the eye by a ball, and the resulting vision problems ultimately put an end to his career. More recently, J.A. Happ of the Toronto Blue Jays suffered a skull fracture last week from a line drive to his head.

]]> Yet most baseball players are reluctant to wear any extra gear that could compromise their performance, even if it protects them from long-term brain damage. Even Oakland A's pitcher Brandon McCarthy, who spent a week in the hospital after suffering a serious brain injury from a baseball hit to the head, recently said that he would be unwilling to wear any of the protective gear that's available for players in the field today.

Professional athletes are expected to tough out their injuries and keep on playing. Unfortunately, even in other occupations, people who are injured on the job often feel pressured to "walk off" any problems that result. When it comes to head injuries, this may be easy at first. The only early symptoms may be a headache or dizziness. But workers in any job environment should know that they have the right to safe working conditions, protective gear and the ability to file a workers' compensation claim. No matter what your duties are, if you suffer an injury to the head or anywhere else, it's important to take action. Seeking medical help and compensation isn't a sign of weakness. It may be the smartest move you can make.

Source: Denver Post, "Column: Baseball must act now to protect pitchers," Paul Newberry, May 10, 2013

Neck injury plagues Dancing with the Stars contestant

2013-05-16T18:01:05Z

Anyone in Denver who is a fan of the television sensation "Dancing with the Stars" may have recently seen professional dancer Karina Smirnoff fall on her jaw. They may not have known, however, that she was rushed to the hospital after it appeared she had dislocated her jaw and sustained whiplash to her neck. Although this may have just been another night in front of the television for Denver viewers, it was a workplace neck injury for Smirnoff.

Had Smirnoff been forced to quit the season or retire because of her injury, there would be no question that she should receive workers' compensation for her neck injury. Since she did perform the next day, it is not entirely clear whether she could file for benefits, but if she paid for her own medical treatment, she may be entitled to workers' compensation.

]]> Other sources have reported that two classically trained dancers have offered to teach both the professional dancers and the celebrities that appear on the show on how to prevent injuries. The dancers have made it more than 40 years without suffering a dancing injury, so it is clear that they know what they are doing. The staff of "Dancing with the Stars," however, declined their offer.

It is important that individuals in every field have the proper training and resources to prevent injury. Whether that is in a high-risk industry like construction or something like television, no employee should be at risk for neck injuries, although there are workers' compensation benefits available for those who do become injured.

Source: People Magazine, "Karina Smirnoff Sent to Hospital for Neck Injury at Dancing with the Stars Rehearsals," Michele Stueven, May 13, 2013

Federal transportation body lists common causes of truck crashes

2013-05-14T14:54:03Z

While many people in Castle Rock Parker may look at the large semitrailer trucks rumbling down the road and think about the kind of damage an accident with a heavy truck could cause, the drivers employed by the trucking companies are also at risk of serious injury. When trucking accidents do happen, it is important to remember that it is not always the truckers' fault; sometimes it is a motorist who caused the accident.

Fortunately, when a trucker is injured on the job, he or she has access to Colorado workers' compensation benefits. These benefits are available to all employees in Castle Rock Parker, not just those in an office or at a construction site. In addition, injured truckers are able to get medical treatment from an authorized treating physician and paid for by their company's workers' compensation insurance carrier.

]]> In an effort to better understand the causes of trucking accidents, the National Highway Transportation Safety Administration, a federal transportation agency, has been studying trucking accidents. The Administration found that rear-ending is the cause of 28 percent of trucking accidents. In addition, being run off the road was the cause of 23 percent of accidents.

It is true that some of these accidents may be the truck drivers' fault, but when a driver is injured on the job, regardless of whose fault it is, he or she can often get the workers' compensation benefits that he or she will need to recover. These benefits will also help cover the medical care that he or she will need following a serious trucking injury.

Source: Insurance Journal, "10 Things to Know About the Trucking Industry," May 13, 2013

Electrical flash sends worker to hospital

2013-05-07T17:51:00Z

When the power goes out in Fort Collins many people may become annoyed by the inconvenience. While it can certainly be aggravating to lose power, there is often some kind of weather event that resulted in the outage. This could mean that electric company employees are braving very serious conditions to restore power. Most of the time, they are able to do so without injury, but every so often someone will get injured on the job.

Though it is not entirely clear if there were adverse weather conditions that caused a recent power outage, one of the employees working for an electric company was sent to the hospital following an electrical flash. A piece of equipment had failed, causing the electric flash that eventually injured the employee.

]]> Although news reports indicate that the employee only sustained minor injuries, he or she was rushed to the hospital and it is unknown if he has since been discharged. It is also unclear what the extent of his or her injuries is, but an electrical injury could produce a variety of serious conditions.

It is important to remember that when an electrician or an employee of an electrical company is injured on the job, he or she can file for Colorado workers' compensation benefits. Though the job comes with a certain degree of risk, especially for those individuals who are tasked with repairing damaged electrical equipment in the rain or during a storm, there is nothing that prevents injured employees from seeking workers' compensation. It would be unfair to ask someone to forfeit workers' compensation just because he or she is in a dangerous job.

Source: CBS San Francisco, "PG&E Worker Injured By Electrical Flash Repairing Transformer In SF Bayview," May 5, 2013

Denver workers: Be aware of the risks of TBI from auto accidents

2013-05-03T19:21:03Z

Due to the frequency of motor vehicle accidents in the U.S., those who are required to drive as a part of their job responsibilities run the risk of being injured while on the job. Severe auto accidents can cause life-changing harm, in some cases requiring an individual to receive specialized medical care for a lifetime.

One of the most severe injuries an individual can sustain when involved in a motor vehicle accident is a traumatic brain injury. For people in the United States under 45 years of age, TBIs are actually the primary cause of death or disability. Approximately two million people in the U.S. sustain a brain injury of some type annually.

]]> Tragically, around 100,000 people lose their lives as a result of a TBI every year. Another 500,000 people become disabled due to a traumatic brain injury annually.

The majority of traumatic brain injuries - 51 percent specifically - are caused by motor vehicle accidents.

Caring for those who have sustained a traumatic brain injury is costly. Each year, over $30 billion is spent across the country to provide medical treatment and rehabilitative care to those who have sustained a traumatic brain injury. The damage caused by a TBI varies in every case. Individuals may require a wide range of care following such an injury, including the involvement of physical therapists, neuropsychologists and speech therapists.

When someone sustains a TBI in a motor vehicle accident caused by a negligent driver, he or she may be entitled to compensation for the harm caused and to workers' compensation benefits, depending on the circumstances.

Source: NorthJersey.com, "Car accidents leading cause of traumatic brain injury," Adam Greenberg, May 3, 2013.

Federal agency targets temporary workers' safety

2013-05-03T14:44:03Z

The federal Occupational Safety and Health Administration has a strong presence in Colorado and it is a requirement that Greeley employers create safe workplaces for their staff. This includes providing the proper training, safety equipment and a host of other measures that could be the difference between another day on the job and a serious or fatal injury.

When workers are injured, they can often apply for and receive Colorado workers' compensation benefits. Much of the time, the worker was injured because of some kind of safety concern out of his or her control, but even if the injury was his or her own fault, workers' compensation is usually still available.

]]> Ultimately, however, it is important for employers to comply with the rules and regulations put forth by OSHA. The agency is trying to make everyone's work safer, which could preclude injury. And now, OSHA is paying special attention to the workplace safety of temporary workers.

Just because an individual is not a full-time employee or is only employed for under a fixed-term work contract does not mean that he or she should be any less eligible for a safe and secure workplace. Just like anyone else, he or she should feel protected from injury or death while at work. Sadly, employers in Colorado and across the country are oftentimes less concerned about their temporary workers' safety than they are about everyone else's. In an effort to combat this, OSHA is instituting a list of new checks that federal inspectors should make while in areas with a large number of temporary workers.

Source: The Bloomberg BNA, "New OSHA Enforcement Initiative Focuses on Temporary Staffing Agency Workers," Occupational Safety & Health Reporter, May 2, 2013

Burns to firefighters can still be serious

2013-04-30T13:13:01Z

Many people in Grand Junction may assume that the firefighters they see bravely working to keep people safe are safe themselves. Even though they recognize that there is considerable risk and danger associated with uncontrolled fires, the firefighters are also trained and have considerable safety equipment that should keep them safe. Just because they have the equipment and training, however, doesn't mean that dangerous accidents don't happen, leaving firefighters seriously injured and reliant on workers' compensation.

Take the story of a young firefighter who was looking for survivors in a house fire. He had been wearing his protective gear and it is likely that he was following the fire department's training and guidelines, but he was still burned on his neck, legs and wrists.

]]> There was no way of him to know just how hot things were going to get, and the environment had rapidly changed to create a high degree of radiant heat. That heat soaked right through his thick firefighting uniform and he developed second-degree burns.

He was taken to the hospital and received some minor care. While he was released later in the day, he needed to return to the burn unit later. Whether the burns were more extensive than originally thought or the original emergency room physicians failed to properly treat the burns, the firefighter was forced to remain in the hospital for four days. Although this may not seem like a long time, this is four days of not being paid, four days of medical bills, and four days of pain and suffering.

It may be that Grand Junction firefighters are injured in complete accidents, but that does not preclude them from workers' compensation.

Source: The Daily Californian, “Never underestimate a burn injury,” Doug Greener, April 21, 2013

Get injured on a work trip? Employer may be held liable

2013-04-26T18:39:23Z

An interesting court case unfolding in an East Coast state should cause Colorado residents to think about what actually constitutes a "work-related injury." While the case is taking place at the state and not the federal level, it could always impact how other states shape their laws related to benefits for injured workers.

The court of appeals for the East Coast state ruled that a woman who was injured while she was intoxicated on a work-related trip is entitled to benefits for her treatment because her employer provided the alcohol.

]]> According to court records, the woman, who is the office manager for a car dealer, traveled for a sales meeting at the corporate headquarters of her employer. During the overnight trip, the woman became intoxicated at a dinner where food and drinks were paid for by the employer.

It was when she and other managers returned to the employer-provided hotel that she fell off an escalator railing, sustaining several serious injuries. She required multiple surgeries, and she was fired after she returned to work.

The court ruled, against her employer's wishes, that she was entitled to workers' compensation benefits because she was "within the course of employment" when she was on the road for her job. It also ruled that the alcohol she consumed was the "proximate" cause of her injury, and the employer was liable because it provided the drinks.

There's no word on if the case is going to proceed to any higher court, but it will be interesting to see how related cases might play out in other states, including Colorado. What do you think? Should employers have to cover any injuries that happen to workers when they are on business-related trips? Couldn't it be argued that the woman would not have been injured had her work not required her to go on the trip?

Source: Risk & Insurance, "Intoxication from employer-provided alcohol doesn't bar benefits," April 1, 2013

Simple steps may reduce risk of carpal tunnel syndrome

2013-04-23T15:10:57Z

Although many people in Denver may assume that an office job is the safest place to work, there are still many people every year who have to take time off of work, seek medical attention and, in some cases, may have to stop working entirely because of a repetitive stress condition that is affecting more and more people: carpal tunnel syndrome. As more positions become computer-heavy and require long hours of typing, it is only natural that more people will start to suffer pain, weakness or numbness in their hands and wrists. There are, however, some relatively simple steps to reducing the risk of the condition.

One of the biggest things people can do is to keep their wrists in a neutral position. Without some kind of pad or rest at the end of the keyboard, it is highly likely that an individual's wrists are bent while typing. A prolonged bent position may be detrimental to the health of your wrists.

]]> It is also important to reduce your wrist movements. It is the overuse and improper use of your wrists and hands that contribute to the condition, so eliminating some movements may also help reduce the risk of carpal tunnel syndrome.

Finally, sitting up straight with your back along the back of your chair can go a long way to balancing the body and providing integral support to your upper body. By relaxing the shoulders, you also provide better support for your body.

While these modifications are simple and should be easy for most Colorado employees to implement, not everyone can. Some workplace situations do not have the latitude to make those changes or the employer refuses to do make them. Fortunately, however, for those employees who do develop repetitive stress conditions, they can apply for Colorado workers' compensation benefits.

Source: Journal Courier, "10 ways to avoid carpal tunnel syndrome," MaryJane Slaby, April 22, 2013

Supreme Court decides that worker only pays back true recovery

2013-04-20T18:25:36Z

An interesting decision by the Supreme Court of the United States will likely affect how workers' compensation is paid out in the future in Colorado and across the country. The case involved an airline mechanic who was injured on the job and whose medical bills had been paid by his employer, US Airways. After he had recovered, the mechanic had filed a personal injury lawsuit against the driver that caused the car accident in which he was injured. He also received some money from his insurance company. The question the justices were deciding was exactly how much did the man have to pay his employer back.

The health plan for US Airways states that if an injured employee recovers from a third party, he or she must reimburse the employer for what it had paid out. While this may seem to be a relatively clear statement, the employee's situation created a peculiar result.

]]> When the mechanic was injured, he received $66,866 for his medical expenses from US Airways health insurance. When he went after the other driver and asked his insurance for reimbursement, he received $110,000. The problem was that lawyers' fees were 40 percent of the award, meaning that he only received $66,000 from third parties. At question was whether the mechanic would have to pay $866 of his own money to reimburse his employer following his injury.

The Supreme Court eventually ruled, in a 5-4 decision, that the employee would only need to reimburse his true recovery, up to the amount paid by his employer. Writing for the majority, Justice Elena Kagan noted that it would be unfair to force an employee to pay his employer more than he had received.

What this means for workers' compensation in Colorado still remains to be seen, but it could play out quite interestingly in future cases.

Source: The New York Times, "Supreme Court Rules in Favor Of 1 Worker, but Not Another," Adam Liptak, April 16, 2013

To find out more about the Colorado workers' compensation system in general, please visit our website.

Employees' back pain could be relieved by stem cell injections

2013-04-15T18:21:34Z

After a long day at work, many people from Greeley may find themselves with a sore back, but the back ache will typically go away after a night's sleep. For some people, however, their back pain will never go away. Whether it was from a workplace accident or the result of repetitive motions, chronic lower back pain is a serious problem in Colorado and can lead to an employee filing for workers' compensation.

There may be a new option, however, on how to treat chronic low back pain. A new study has shown that an injection of bone marrow and, more specifically, the stem cells contained within the bone marrow, may help relieve back pain. The procedure is still experimental, however, and physicians should warn patients who are looking to participate that there may be no improvement of their back pain.

]]> Adult stem cells have been shown to adapt and change into other types of tissue and cells, meaning that when it is injected into a damaged spinal disc, it can turn into spinal disc tissue. The cells may also heal the damaged tissue.

The stem cells are harvested from the back of the hip bone. After the marrow is extracted, the stem cells are concentrated by separating them from the rest of the marrow in a centrifuge. Finally, the cells are injected into damaged discs. The treatment is currently not covered by insurance and can cost quite a bit, which is why it may be important to apply for workers' compensation benefits if considering the procedure.

Source: HealthDay News, "Stem cells to relieve low back pain?" Brenda Goodman, April 12, 2013

Discover more about Colorado back injuries by visiting our website.

Employee injured on the job hospitalized for a year

2013-04-12T20:45:45Z

For anyone in Denver who has had to miss some work, they know that just losing a week's worth of pay can be very difficult. Now, imagine not getting paid for a year; for many people it would be next to impossible to cover costs without getting paid for a year. Throw medical expenses on top of that and most people would quickly become impoverished. Fortunately, if someone is missing work because of an on-the-job injury, he or she could still be getting paid through the Colorado workers' compensation benefits program.

Although this accident didn't happen in Colorado and the employee would not be seeking workers' compensation benefits here, it is still likely that a man who was hospitalized for a year following an on-the-job injury was collecting lost wage benefits through his state's workers' compensation program. The 35 year old, a plane mechanic, had been working when he got caught on a plane's wing flap. His lungs were seriously damaged and he suffered a heart attack during the incident.

]]> He stayed in the hospital for almost a year before he was eventually discharged. Though he was released, he still has considerable therapy that he needs to complete and he certainly hasn't been able to start working immediately. Even after he was discharged, he was still so weak that he couldn't even play with his dogs.

It was only in January that he was able to return to work, albeit only part time.

The process of recovering from a serious workplace injury is often longer than many of us would hope, and that is why it is so important to consult a workers' compensation attorney to file for lost wage benefits.

Source: HeraldNet, "Fellow Boeing workers come to aid of injured friend," Sharon Salyer, April 8, 2013

Construction workers injured after falling inside structure

2013-04-10T17:00:18Z

As buildings are built in Aurora, many construction companies take great care to reduce the number of falls from the roof of the building. While falling from the roof is certainly a risk, it is also important to remember that there is also a risk of falling within a partially constructed structure. Colorado employers also must take measures to ensure that their construction workers are not falling inside the structure, just as they would for falls from the roof.

A recent accident has sent two construction workers to the hospital, and it is likely that they will not be able to return to work for some time following a fall at their work site. The two men had been working in the inside of a structure when they fell. Although it is still unclear what happened to cause the fall and whether there was proper safety equipment in the area to prevent falls, the men sustained serious injuries and were rushed to a local hospital.

]]> The men had to be stabilized before they could be removed from the debris that was nearby. It is unknown what their current medical situation is.

As these men recover from their injuries, they will likely be needing money to help pay off their medical bills and their everyday living expenses. By filing for workers' compensation, the construction workers may be able to get the funds they need to help cover their costs. In addition, that money can be used to cover their lost wages and prevent them from becoming impoverished while recuperating from a very serious accident.

Source: Poughkeepsie Journal, "2 workers injured after fall at Marist College construction," March 27, 2013

If you would like to learn more about the kinds of injuries that construction workers can sustain at a work site, please visit our Colorado workers' comp for construction workers web page.

Federal government focuses more on short- than long-term problems

2013-04-07T04:13:28Z

Many people in Denver likely believe that they, as employees, are sufficiently protected from workplace hazards by the regulations put in place by the federal Occupational Safety and Health Administration. OSHA is designed to keep offices, workplaces and construction sites safe; it regulates all kinds of aspects of work in an effort to keep employees healthy. While it does all of that, it is also much more focused on short-term injuries than long-term, disabling illnesses.

Even the director of OSHA has said that the system is broken. There are numerous rules and regulations about things like stairs and ladders, but there are very few about the chemicals that many employees are consistently exposed to. In many cases, that exposure will lead to serious illness or death.

]]> Each year, more than 200,000 people are sickened by the near-constant exposure to toxic air in the workplace. Moreover, over 40,000 people will die earlier than they should because they have breathed in this dirty air. These figures show that the federal government has tremendous oversight over the workplace, but it is largely ignoring the dangers of toxic air, a long-term danger.

If someone in Denver becomes sick from exposure to dirty air, he or she can often file a workers' compensation claim to cover his or her missing wages, as well as the medical expenses associated with the disabling condition. The benefits system can be tricky to navigate, however, and many injured or disabled employees try to work with a workers' compensation attorney to file for the benefits.

Source: The New York Times, "As OSHA Emphasizes Safety, Long-Term Health Risks Fester," Ian Urbina, March 30, 2013

Find out more about permanent disabilities and the benefits that come with such a state by visiting our website.