Denver Workers Compensation Attorneys

A workplace injury in Denver often means navigating a maze of decisions: whether you agree with the medical care your employer has chosen, whether your rehabilitation needs are being properly covered, and whether it makes sense to hire a lawyer at all. Understanding your options at each of these stages can make a real difference in your recovery and your benefits.

At Walker, Billingsley & Bair, our Denver workers' compensation attorneys help injured workers petition for alternate medical care, secure the rehabilitation services they need, and decide when hiring an attorney is the right choice. Below, we explain each of these topics in detail.

Petitioning for Alternate Medical Care in a Denver Workers' Comp Case

Many workers who are injured on the job require ongoing medical treatment, and workers' compensation insurance is responsible for paying for this treatment. Employers have the right to choose the medical providers that their injured employees use for treatment. These doctors and other providers must provide medical care reasonably suited to treat the work injury, and many workers who were hurt on the job have no problems with the medical care they receive.

However, disputes do arise in some cases where an injured employee disagrees with the treatment administered, the doctor's opinion regarding when the employee can return to work, or work restrictions imposed by the employer-chosen doctor. An injured employee's level of impairment is another often contentious issue. The first step in any medical dispute is to try to resolve it by speaking with the employer or insurance company. If the employer or insurance company doesn't resolve the dispute, the injured employee can file a petition with the Iowa Workers' Compensation Commissioner.

Petitioning the Commissioner to Approve Alternate Care

If a Denver employee who was hurt at work is dissatisfied with the medical care provided by the employer's chosen medical providers, the employee can seek alternate medical care by filing Form 100C requesting the Workers' Compensation Commissioner to issue a decision on the matter. An attorney can assist the worker in filling out this form. Form 100C, the Original Notice, Petition and Answer Concerning Application for Alternate Medical Care, requires basic information about the claimant, employer, and insurance carrier; information about the injury, such as the date and location; and the reason for dissatisfaction with the care provided.

Petitioning for an Independent Medical Examination

Employees who suffer a permanent injury will receive an impairment rating issued by the doctor. Some injured workers are suspicious of or otherwise disagree with the employer-chosen doctor's impairment assessment, and may wish to have another doctor determine the level of impairment. In such a case, the worker may request an Independent Medical Examination by filing Form 100A with the Workers' Compensation Commissioner. The employer is required to pay for this examination. An attorney can assist the worker in filling out this form as well. Form 100A requires basic information about the claimant, employer, and insurance carrier; information about the new physician, including the examination date and location; information about the work injury; the name of the physician who made the previous evaluation of permanent disability; and the previous evaluation, attached to the petition.

Does Workers' Compensation Cover Rehabilitation for Denver Workers?

Many types of work injuries, such as strained or sprained muscles, broken limbs, and torn ligaments, can result in a need for physical therapy in order to restore a worker to top condition. If your work injury requires rehabilitation, your costs should be covered under your employer's workers' compensation policy.

When Is Rehabilitation Necessary?

Rehabilitation is necessary when a single procedure or treatment is not enough to resolve your health issue fully. The most common type of rehabilitation is physical therapy, used to restore full range of motion and strength in injured limbs and joints. Another common type of rehabilitation is re-training for your job. If you have been out of work for several months, you may need to be re-trained to resume your previous work. If you suffered a life-altering injury, such as the loss of a limb, you may need to learn new ways to adapt to your regular work duties or learn new duties to replace tasks you can no longer complete because of your injury.

Rehabilitation can also include psychological counseling. Traumatic accidents can cause mental trauma in the form of post-traumatic stress disorder. If you witnessed a catastrophic accident in which you were seriously injured or saw a coworker seriously hurt, you might need therapy to overcome lasting feelings of fear, anxiety, or depression left after the event.

If Your Employer Will Not Cover Rehabilitation

Make sure that you have a referral from your primary treating doctor explaining your need for rehabilitation services. It may be a case of your employer or the insurance company only wanting you to see their providers, and you will be referred to a different rehabilitation service. If your employer does not feel it is necessary to offer you special training or job duties to suit your recovery, you should explain your current condition, share your doctor's notes, and share your prognosis for recovery.

If your doctor has not provided you with a plan for re-training at work, be proactive and develop a plan of your own that you feel would benefit your return to work. Make sure that if your doctor has told you to resume only light duty for a period, he or she defines what light duty does and does not entail. These items should be shared with your employer to attempt to resolve any discrepancies in allowing your rehabilitation coverage.

Your rights to workers' compensation benefits rely on your employer reporting your condition to the insurance company and the insurance company's response to that documentation. If your employer fails to provide full documentation of your injury, medical care, and recovery, the insurance company may not cover necessary treatment. If you are denied rehabilitation service coverage of any type, it is time to talk to a workers' compensation attorney.

Should a Denver Worker Hire a Work Injury Lawyer?

If you or someone you care about has been hurt at work in Denver, whether you decide to hire a lawyer and which one you decide to hire are two very important decisions. You definitely do not need to hire a lawyer for every work injury you sustain. For example, if your injuries are only temporary and minor, and the insurance company is paying for your medical care and your time off work, you probably do not need to hire a work injury lawyer. However, if your claim has been denied, or if your injuries are more serious and will most likely be permanent, it is probably a good idea to at least learn about your rights as an injured worker in Iowa and consider hiring a qualified work injury lawyer.

How Do You Decide Which Lawyer to Hire?

This is an important decision, because under Iowa law any attorney can say they handle workers' compensation cases even if they have no experience and have never represented an injured worker. Here are some tips to help with your research.

• Make sure they are attorneys who have physical offices here in Iowa and actually practice law here, since lawyers from other states will sometimes sign up Iowa cases and pass the case on to an Iowa attorney while taking a fee
• Look to see what the lawyer's prior clients say about their services, either in written or video testimonials, usually found on the lawyer's website
• Consider what case results the attorney has obtained for clients, remembering that every case is different, but that this can give you an idea of the attorney's experience
• Check attorney review sites to see what both prior clients and other attorneys have to say about the lawyer you are researching
• Ask whether the lawyer has put together a book or other resource about Iowa work injury laws that you can request and read at home, since this can be a sign the attorney is looking out for the best interests of injured workers

The decision of whether to hire a work injury lawyer is an important one. Choosing the right Denver work injury lawyer for you and your case will take some time, but using the tips above should help you find an experienced and qualified attorney to assist you.