Workers' Compensation Attorney

Frequently Asked Questions

Q. How long will my case take?

Answer: Every case is different and depends on factors such as the speed of recovery from your injuries and the issues that need to be fought with the insurance company. However, McDivitt Law Firm will quickly and efficiently handle your case.

Q. How much money will I get from my workers’ compensation case?

Answer: It depends on the nature of your injuries, the impairment rating from your doctor, other factors set out in the workers’ compensation statute, and the way your claim is presented by your lawyer.

Q. What happens if I don’t tell my employer about my injury?

Answer: Every day that you delay in giving your employer notice about your injury can cause you to lose compensation for your injury. However, with the assistance of your attorney, you may be able to get this penalty waived, but you need an experienced attorney to do this.

Q. What benefits can I get from Colorado workers’ compensation law?

Answer: You are entitled to be compensated while you are recuperating from the injury and a permanent disability award or cash for any permanent injuries you have. You are entitled to get your medical, hospitalization, and therapy care paid for at no expense to you. There are other benefits that you may be entitled to, which vary from case to case and need to be discussed with your lawyer.

Q. Can I still get workers’ compensation benefits if the injury is my fault?

Answer: Yes. You are entitled to all of the benefits provided under the Colorado workers’ compensation statute, even if you are at fault. However, your benefits may be decreased if a safety violation was committed. Again, you should discuss this with your lawyer.

Q. What happens if I quit my job after I have been injured?

Answer: You are still entitled to workers’ compensation benefits the statute provides for you if you quit because of your injuries.

Q. Why do I need a lawyer?

Answer: Trying to understand the complicated workers' compensation system can be difficult and time consuming. You may be entitled to benefits under the Colorado workers’ compensation law that you may not be aware of, and your insurance company may try to deny these benefits.

Also, the rules you need to comply with to get these benefits are very technical, and you need a lawyer to help you work through these rules and the workers’ compensation system. Finally, there are many pitfalls, and in our experience, without a competent lawyer, the insurance company may deny the benefits you deserve.

Q. What if my employer says I cannot file a claim because it is not a work injury, or for some other reason tries to get me to not file a claim?

Answer: Don’t let your employer imply that you cannot file a claim. Any injury on the job while in the course and scope of employment is presumed to be a work injury regardless of who was at fault. You should always discuss this with your attorney no matter what your employer tells you. It is against the law for an employer to deny your right to file a claim.

Q. Will I be fired if I hire an attorney to help me on my case?

Answer: It is against the law for your employer to fire you because you retain an attorney.

The above answers are meant to provide you with a general overview of Colorado workers’ compensation law. Contact McDivitt Law Firm so we can discuss your unique situation and explain your options.