WORKERS' COMP

Understanding Your Legal Rights After a Workplace Injury – Bradford Pelton P.C.

Sustaining an injury at work can be challenging, whether it results from an accident or an occupational disease. You may face time away from work, medical expenses, and potentially permanent disabilities. Fortunately, you have significant legal rights in this situation, which can help you achieve a favorable outcome in your workers' compensation claim. Understanding these rights is crucial to navigating your case effectively. Some of the most important rights include the ability to seek medical treatment, receive compensation for lost wages, and access rehabilitation services.

Right to Medical Treatment

After notifying your employer of your injury—within 4 days for accidents and 30 days for occupational diseases—you are entitled to receive medical treatment from an authorized provider. This process should not be delayed, and your employer must ensure you begin treatment promptly. If your workers' compensation claim is approved, you can continue to receive necessary and reasonable treatment until you reach maximum medical improvement (MMI), the point at which your condition is not expected to improve further.

Right to Appeal

If your workers' compensation claim is denied, you have the right to appeal the decision. You don’t have to accept the denial and can take steps to fight for the benefits you’re entitled to. The appeal process may start with negotiations with the insurance company, followed by a prehearing conference with an administrative law judge. If necessary, the case can be escalated to the Colorado Court of Appeals to seek a favorable outcome.

Right to Reopen a Workers' Compensation Case

If your condition worsens after a workplace injury, you may have the option to reopen your workers' compensation claim to seek further medical treatment or adjust your benefits. This could include changing your disability status from partial to total if your ability to work has been fully compromised. However, accepting a settlement could waive your right to reopen your case, so it’s important to carefully evaluate your options before making any decisions.

Right to Seek Legal Representation

One of your most important rights is the ability to hire legal representation to help with your workers' compensation claim. While not required, having Bradford Pelton P.C. by your side can significantly improve your chances of a successful outcome. Our experienced attorneys will assist with paperwork, communicate with the insurance company on your behalf, and represent you in appeals if needed. By choosing Bradford Pelton P.C., you can focus on recovery while we handle the complexities of your case.

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