If you’ve been injured, you’re required to report your injury to your employer and should do so right away.
Denver, CO (PRWEB) November 06, 2014
The lawyers at Bell & Pollock, P.C., a Denver law firm with over 30 years’ experience handling workers compensation claims, recently discussed important facts for injured workers who are considering filing workers’ compensation claims in Colorado.
The attorneys provided their insight on the Bell & Pollock Legal Show broadcast on Colorado stations KHOW, MIX 100, KOOL105 and 92.5 The Wolf in October and available as a podcast on the firm’s website, championsofthepeople.com.
“A lot of employers don’t like you to file workers’ compensation claims, but it’s important for injured workers to understand it’s basically a fight between you and the insurance company,” said Bell, who was admitted to the Bar of the State of Colorado since 1975.
“If you’re hurt on-the-job or carrying out job duties and responsibilities, you’re entitled to open up a workers’ compensation claim. Chances are you’re going to be entitled to collect workers’ compensation if you were obeying the proper rules and procedures of your job,” Bell explained.
“If you’ve been injured, you’re required to report your injury to your employer and should do so right away. The employer is then supposed to open up a workers’ compensation claim with a designated workers’ compensation number. What they do sometimes is refer workers to a company doctor and fail to open a claim. You think they did, and they hope you’ll be treated and go back to work. That’s not right. That’s why when you come to our office, the first thing we do is check to see if a claim was opened,” he said.
According to Pollock, who co-founded Bell & Pollock in 1984, knowing the basic safety rules at your job is imperative not only to staying safe at work, but it is an important factor in filing a successful claim with the Colorado Workers’ Compensation Board.
“As long as you were following the rules and safety standards of your job, you’re going to be eligible for workers’ compensation. So, it’s without regard to liability or negligence, except for reviewing the safety standards and safety rules of the job. For instance, if you’re told you have to wear a hard hat, wear a hard hat. If you have to wear certain restraints while on a roof, do it. That’s the responsibility and that’s your requirement,” he said.
“Know the safety rules. If you aren’t sure, ask your employer. The safety rules should be published. If they tell you there aren’t any, beware. You want a fellow coworker to confirm a lack of published safety standards. Because if you’re injured and a claim comes up, your employer is going to start talking to you about your job’s safety rules. Suddenly, those rules are going to appear,” said Pollock.
Bell said it’s important for Colorado residents injured on-the-job to understand that the state workers’ compensation system prohibits injured workers from taking legal action against their employer or employee. However, Bell said that in certain instances, injured workers may have legal grounds to file a third-party claim against a negligent individual or company that caused an accident.
“If somebody caused you to get hurt due to their negligence, and they fall under the umbrella of your employer, you have a workers’ compensation claim. But, for example, if you’re on-the-job, delivering something to a different location and somebody who isn’t working for your employer T-bones you, you’ve got a different situation,” he said.
“You can and should collect workers’ compensation for your injury because you were on-the-job. At the same time, you can and should prosecute a claim against the at-fault driver who ran into you,” Bell said.
About Bell & Pollock, P.C.
An experienced Colorado personal injury law firm serving Denver and residents statewide, Bell & Pollock, P.C. was founded by attorneys Gary Bell Jr. and Bradley P. Pollock. With offices in the Denver area and Steamboat Springs, CO, Bell & Pollock, P.C., has a strong track record for successfully handling a wide range of legal cases, including auto accidents, truck accidents, construction accidents and workers compensation issues. Bell & Pollock, P.C. works on a contingency fee basis. That means clients only pay attorney’s fees if they win. Contact Bell & Pollock, P.C. for a free case evaluation.
Bell & Pollock, P.C.
5660 Greenwood Plaza Blvd #220
Greenwood Village, CO 80111-1622