FAQs - Colorado Workers Compensation & Personal Injury Lawyer
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Frequently Asked Questions Pertaining to Workers' Compensation
Q: If I have been injured and my employer is treating me unfairly, or I am unable to perform my duties, should I quit my job?
A: By resigning from your position, you may be giving up many of your legal rights. Contact Hoggatt Law to confidentially discuss your situation before taking any action.
Q: If I have been injured on the job due to another person's actions, do I have a right to file a law suit against that person or my employer?
A: Typically, you cannot sue your employer for negligence. Your option is to file a workers' compensation claim. However, if a person or company other than your employer was responsible for your injuries, you might be able to file a lawsuit against them. For example, if you are on the job, and while driving a vehicle you are involved in a motor vehicle accident, you may be able to sue another driver if they were at fault for the accident. You could also sue the manufacturer of a product that caused you to become injured.
Q: Do I have a right to see the doctor of my choice?
A: Once you report your injury to your employer, the employer has the right to choose the first doctor you see. If your employer does not direct you to a particular doctor, if your employer is unavailable to designate a physician, or if you require emergency treatment, you can choose your own doctor. Once the first physician has been chosen, either by your employer or you, he or she becomes an "authorized treating physician" who can make referrals to other physicians and medical professionals such as physical therapists, chiropractors, massage therapists, acupuncturists, etc. If you are dissatisfied with the care you are receiving, contact Hoggatt Law immediately so that we can assist you in obtaining care with a physician who has your best interests at heart.
Q: Can I contest the impairment rating?
A: Yes. In fact, all impairment ratings should be carefully scrutinized by an attorney. The impairment rating is primary in determining the level of compensation an injured worker receives beyond actual loss of wages. However, injured workers should always consult an attorney when contesting an impairment rating because any mistake in the process of contesting is likely to result in the permanent closure of a workers' compensation claim. Contact Hoggatt Law immediately upon discovering that an impairment rating is pending or has been assigned because there are deadlines that must be complied with to keep your claim active.
Q: Can I obtain medical treatment in the future?
A: In most circumstances, an injured worker is entitled to future medical care as long as an authorized physician recommends it. However, if certain legal processes are not carried out, your right to future medical treatment may be permanently prohibited. Contact Hoggatt Law immediately in order to preserve your right to future medical care.
Q: If one of my family members dies while at work, can I receive compensation to replace my loved one's earnings?
A: Certain surviving family members and other dependents may be entitled to the lost wages of a deceased worker. The key to obtaining dependent's benefits is to establish that the deceased worker financially supported a surviving family member. Certain surviving family members are presumed to be entitled to dependent's benefits (i.e. a surviving spouse, minor children and adopted minor children). However, even surviving parents, siblings, grandchildren, and un-adopted children may be eligible for dependent's benefits. In addition, a surviving spouse who was separated from the deceased worker may be entitled to dependent's benefits. Further, it is possible to be eligible for dependent's benefits if a surviving spouse was in the process of a divorce.
Q: How do I pay Hoggatt Law attorney's fees for a workmans' compensation claim?
A: In Colorado, attorney's fees for a workmen's compensation claim are limited to a contingency fee of twenty percent (20%) of the benefits that an attorney recovers on the disabled person's behalf. If you find an attorney who is attempting to collect more than twenty percent, avoid that law firm. At Hoggatt Law, you will pay the contingency fee only if damages are collected. I may front any expenses incurred in pursuing your lawsuit, however, Hoggatt Law will seek reimbursement for those costs regardless of the outcome of your case.
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Frequently Asked Questions Pertaining to Personal Injury
Q: If I get involved in an automobile accident, will my automobile insurance cover my medical expenses?
A: In Colorado, the answer to this question depends on whether your accident occurred before or after July 1, 2003. If your accident occurred prior to July 1, 2003, your auto insurance is required to cover at least the first $50,000 in medical expenses associated with the accident. If your accident occurred on or after July 1, 2003, your auto insurance will only cover your medical expenses if you elected to purchase "med-pay" coverage. If you did not purchase "med-pay" coverage, you may be able to recover your medical expenses from the liability insurance policy of a person who was at fault for your accident. This scenario can become very complicated because the liability carrier will not pay for the medical treatment as it is incurred.
However, if another person was not at fault for your accident, and you do not have "med pay" coverage, you may need to seek payment of your medical bills from your private health care insurance or make payment arrangements with your medical providers if you are uninsured. These issues can be complex. Therefore, a free initial consultation with Hoggatt Law is highly recommended.
Q: What is Uninsured Motorist and Underinsured Motorist coverage?
A: Uninsured Motorist coverage is intended to provided compensation to individuals who are injured in a motor vehicle accident by another person who did not purchase liability coverage and who does not have the assets to satisfy a legal judgment entered against them. For example, if John Doe runs a red light and collides with your vehicle and you suffer injuries, you can sue John Doe. John Doe does not have insurance, nor does he have a job, a home, or money in his checking account which he could use to pay to you as compensation. In this circumstance, you would file an Uninsured Motorist claim against your auto insurance carrier to obtain compensation.
Underinsured Motorist coverage is very similar. However, the difference is that Underinsured Motorist coverage is used to compensate you if the person at fault for your injuries does not have a large amount of insurance. So, under our prior example, if John Doe only has $25,000 in liability coverage and your damages exceed $25,000, then you could file an Underinsured Motorist claim against your insurance company for those damages in excess of $25,000. The amount of compensation you receive from your Uninsured or Underinsure Motorist policies will depend upon your policy limits.
Q: Do I have the option of choosing my own doctor in a personal injury case?
A: Yes. Depending on the date of injury and who your insurance company is, you can either chose your own physician or chose from a list of doctors provided by your insurance company.
Q: Are there limits on the amount of damages I can receive in a personal injury case?
A: The answer to this question depends on they type of claim you file and the type of damages you seek to recover. In Colorado, there has been tort reform legislation in areas including but not limited to, medical malpractice, punitive or exemplary damages and other non-economic damages. For answers on your specific case, please contact Hoggatt Law.
Q: How do I pay an attorney for a personal injury law suit?
A: Generally, Hoggatt Law will collect a contingency fee which is a percentage of the amount of damages we collect on your behalf. This contingency fee is typically one-third and will be spelled out specifically in a written contingency fee agreement. You will only pay the contingency fee if damages are collected. Hoggatt Law may front any expenses incurred in pursuing your lawsuit. Hoggatt Law will seek reimbursement for those costs regardless of the outcome of your case. In certain cases, Hoggatt Law may be able to recover your attorney's fees from the person you sue or their insurance company.
Q: If a loved one dies due to another person's fault and leaves a family behind, can the surviving dependents recover damages for the loss of earnings?
A: In many cases, the surviving family members of a deceased person can recover compensation for the loss of earnings. Determining if an individual(s) is actually a dependent of the deceased person may be an issue that requires legal advice.
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