by Jennifer O'Connell | Nov 19, 2018 | Colorado, Workers' Compensation
Colorado’s Workers’ Compensation Laws
There were a number of changes to the Colorado workers’ compensation system in 2018, and some planned changes to the Division Independent Medical Exam program in 2019 may impact the workers’ compensation claims of people who suffered disabling injuries. Beginning on Jan. 1, 2019, either side may request an independent DIME if there is a dispute about whether the worker has reached his or her maximum medical improvement. When there is a dispute about reaching MMI, the parties will be required to submit to the DIME process before they can litigate their dispute before an administrative law judge.
What Is MMI?
MMI refers to “Maximum Medical Improvement.” In the context of workers’ compensation, reaching MMI means that people have reached their maximal levels of improvement from injuries and all of the treatment options have been exhausted. In the past, workers who had a dispute with the insurers about whether they had reached their MMIs could litigate the issues. The changes in the law now require that workers and insurers go through the DIME program when there is a dispute before they will be allowed to litigate the matter in court.
Potential Effects of the DIME Rule Changes
There are several potential impacts of the DIME rule changes on workers. If an insurance company’s independent medical examiner has determined that the workers have reached their MMIs in contradiction to the workers’ own treating physicians, the workers will not be able to directly challenge the insurance company’s IME in court. Instead, either side may request a DIME physician, or both sides can agree to a DIME physician. The requesting party must pay for the DIME doctor’s fee, which can range from $1,000 to $2,000 for an initial DIME. Followup DIMES incur additional fees.
Workers can apply to be found to be indigent if they are unable to afford the fees. One potential issue of the new rule is that the workers may be forced to wait for long periods to litigate their disputes about MMI. Since the DIME doctors are not the treating physicians of the workers, they may not have as great of an understanding of the workers’ functional abilities and limitations. Finally, administrative law judges may give greater weight to the findings of DIME doctors than to the testimony of treating physicians at hearings.
by Jennifer O'Connell | Nov 15, 2018 | Auto Accident, Colorado
October Proves Deadly for Motorists
During the time leading up to and including Halloween in October, motorists in Colorado need to take extra precautions to minimize their accident risks. In 2017, October had the second highest number of car accident fatalities with 3,700 deaths. Children and pedestrians are especially at risk during October. There are steps that motorists can take to mitigate their accident risks so that they can keep themselves and others safe.
Accident Dangers in October
According to the National Safety Council, 7,330 pedestrians were killed in both traffic and non-traffic accidents. Among the fatal incidents, 18 percent happened at intersections or crossings. October had the second highest number of deaths behind July with 3,700. On Halloween, children have twice the likelihood of getting killed as adults.
Reasons Why Halloween Is Dangerous
There are several factors that make Halloween especially dangerous for children and pedestrians. Most people go trick or treating from 5:30 pm to 9:30 pm. During that time frame, it gets darker making it harder for motorists to see pedestrians and children. Children might dart out into the roads. Many Halloween costumes are made out of dark materials. Some motorists may be out celebrating Halloween at parties where drinking occurs. All of these factors can combine to make fatal pedestrian accidents more likely to happen.
Mitigating the Risk of Accidents
There are several steps that people can take to mitigate the risk of accident involvement on Halloween. Parents may want to choose brightly colored costumes for their children or to place reflective tape on the costumes so that they can be seen. Responsible adults should accompany children while they trick or treat so that they don’t run out into traffic. Motorists should never drink and drive at any time, including Halloween. When people are driving, they should obey the speed limits and watch for pedestrians on the sidewalks, recognizing that children may suddenly try to dash across the roadways. Drivers should also watch out for children who are on curbs or in medians as they may try to cross without warning.
Parents should discourage teens from driving on Halloween. They might be likelier to cause auto accidents by failing to see children who are wearing dark costumes. Finally, people should not wear masks that make it difficult for them to see and should exercise caution when they prepare to cross the streets.
by Jennifer O'Connell | Nov 13, 2018 | Colorado, Workers' Compensation
How Colorado Workers Get Injured
A number of factors can lead to worker injuries in Colorado, and certain industries, groups of workers, and even times of the day have much higher injury risks. Workers in the trade, transportation, and utility sector, employees who are newer to their jobs, and those who are older than age 45 are more prone to injuries. There is also an increased risk of injury that happens in the hours before lunch and again in the late afternoon hours.
Groups With Higher Injury Risks
Certain workers and industries carry greater risks of injuries, and those that can happen are specific to the types of jobs. For example, people who work in transportation and warehousing or in public administration, as well as those who are 45 or older with work-related injuries to their spines or upper extremities, make up more than one-third of the claims for lost time at work that are made each year to the Colorado Department of Labor and Employment. Back strains are common injuries for people who work in the construction industry as well as for clerical and professional workers. Health care workers have a higher risk of contracting illnesses from their patients, and hospitality workers have higher risks of suffering cuts to their fingers and hands.
Factors Leading to Injuries
There are several factors that lead to an increased injury risk. More workers suffer injuries during the hours leading up to lunchtime and again in the late afternoon hours. Researchers claim that this heightened risk is caused by workers not eating correctly or hydrating enough, leading to metabolic changes. Another factor that contributes to many accidents is the inexperience of workers. Workers who are new to their jobs have a much greater risk of having accidents at work. Workers in the hospitality industry have a 35 percent increased risk of injury during their first six months on the job. Professional and administrative workers have a 30 percent greater risk of injury during their first year at work.
When workers in Colorado are injured on the job, they can file workers’ compensation claims to recover money for medical expenses, lost wages, and more. In some cases, workers may also be entitled to compensation from third parties like equipment manufacturers, contractors, or other parties who caused their injuries.
by Jennifer O'Connell | Nov 8, 2018 | Colorado, Workers' Compensation
Employers Must Provide PPE
When Colorado employers fail to provide necessary personal protective equipment and workers are injured, victims can recover money for lost wages, medical expenses, and more by filing a workers’ compensation claim. If workers’ compensation insurance is not available, workers can sue their employers for their injuries. Under OSHA regulations, Colorado employers are required to provide PPE to their workers. Employers may face fines for failing to provide PPE to employees under OSHA’s PPE rules.
Under the rules of the Department of Labor and the Occupational Safety and Health Administration, employers are mandated to provide certain types of PPE to their employees who must work around dangerous conditions or toxic substances. PPE serves as the last line of protection against these hazardous substances and dangerous conditions. Employers may not require their employees to purchase their own PPE and must instead provide the equipment to their employees to comply with OSHA’s standards. Employers must also provide regular training sessions for their employees about wearing PPE in the workplace. If the employers are found to have violated OSHA’s PPE requirements, they may face penalties of $1,000 per employee who didn’t receive the required equipment.
Employee Injuries
Employees who are injured at work because of exposure to dangerous or toxic materials may be entitled to workers’ compensation benefits through their employers’ workers’ comp insurance carriers. All employers in Colorado are mandated to carry workers’ compensation insurance to protect their workers in the event that they are injured at work or contract work-related diseases. If the employers failed to provide PPE to their employees, and the employees were injured or contracted diseases as a result, the employees may file workers’ compensation claims.
Workers’ compensation may pay for all of the workers’ medical expenses and related costs for their injuries or illnesses. The workers will not have to use their own medical insurance or pay copays for the treatment. If the workers are disabled, they might also recover temporary or permanent partial or total disability payments through workers’ compensation on an ongoing basis until they are able to return to work. Failing to provide PPE to workers makes little sense. The OSHA conducted an analysis of the potential economic impact on employers of providing PPE and found no significant impact. Not providing equipment may lead to substantial fines and increased premiums. Providing PPE helps to protect workers and reduce losses for employers and employees.
by Queener Law | Oct 27, 2018 | Colorado, Kentucky, Tennessee, Trucking Accident
Electronic Logging Devices Rule Held to be Constitutional
The Owner-Operator Independent Drivers Association filed a constitutional challenge against the electronic logging device rule, and the U.S. Court of Appeals for the 7th Circuit held that the rule is constitutional. It is on track to be fully implemented by Dec. 2017 unless the association appeals it to the Supreme Court of the United States. The regulation will require all large commercial trucks to have electronic devices installed, which will track and record whenever the trucks are in use.
The Lawsuit
The Owner-Operator Independent Drivers Association filed the lawsuit against the Federal Motor Carriers’ Administration on behalf of two truck owners. The drivers alleged that the regulation would violate their constitutional rights to privacy by recording all of their actions while they are driving. The court ruled on Oct. 31, 2016, holding that the electronic logging device mandate does not violate the constitutional right to privacy. The court found that the government’s interest in protecting other motorists outweighed any privacy issues. As a result, the rule is still scheduled to move forward. The plaintiffs have not said whether or not they intend to pursue the matter to the Supreme Court. If they do, and the court agrees to hear the case, it would be a final decision. If they do not appeal it, then the regulation will move forward.
Prior Lawsuit Against Previous ELD Rule Version
In 2010, the FMCSA had attempted to pass a prior regulation requiring electronic logging devices in commercial trucks. At that time, the Owner-Operator Independent Drivers Association filed a lawsuit against the FMCSA on the basis of constitutional privacy concerns. The Appeals Court held that the previous version was unconstitutional because it required the installation of cameras inside of the trucks. The current version does not, allowing it to pass constitutional muster.
Reasoning for the Rule
Large trucks have the potential of causing severe injuries and deaths when they cause truck accidents. This has led the government to institute numerous regulations on the trucking industry. The ELD rule is meant to prevent truck drivers from falsifying their log books and ignoring the hours-of-service rules. Those rules are in place to keep drowsy drivers off of the roads, a problem that a truck accidents attorney frequently sees in injury cases. A truck accidents attorney is hopeful that the new mandate will minimize the number of accidents that happen. Truck accidents often permanently change the quality of lives of their victims.
by Jennifer O'Connell | Oct 22, 2018 | Auto Accident, Colorado
What is Whiplash?
Whiplash is a common type of car accident injury in Colorado that can cause long-term complications for some victims that can reduce the quality of their lives. People who are involved in auto accidents should promptly seek medical attention. Some people may not initially recognize that they have been injured. Whiplash injury symptoms may not appear for hours or days after an accident. Getting prompt medical treatment may help people recover faster and may build stronger evidence that the whiplash resulted from their accidents. The most common type of car accident that may cause whiplash is a rear-end collision. When a vehicle is traveling slower than a vehicle that is approaching from behind or is at a standstill when it is struck, an occupant of the front vehicle may suffer whiplash.
Whiplash includes potential injuries to the neck, shoulders, head, ligaments, muscles, and bones. When a rear vehicle collides into a front vehicle, a front vehicle’s car occupants may have their heads and necks violently propelled forward because of the physical forces of the collision. As the forces subside, their heads and necks may be thrown backward, causing them to be hyper-extended. This violent front-to-back movement can cause multiple injuries to the muscles, ligaments, and bones of the neck and shoulders. While some people might recover from whiplash in a matter of weeks, others may face complications and chronic symptoms that can continue for months or years and that impact their ability to work and to enjoy life.
Complications of Whiplash
The Mayo Clinic reports that the common symptoms of whiplash may develop within 24 hours, but it may also take longer for them to appear. These symptoms include neck pain that worsens when people move their necks or turn their heads, reduced the range of motion of the neck, headaches, shoulder and arm pain, tingling in the arms, dizziness, and fatigue. People who suffer severe whiplash injuries may suffer the following complications:
- Chronic, severe headaches
- Pain radiating from the neck and shoulders into the arms
- Chronic, severe neck pain
Complications from whiplash can cause ongoing problems and interfere with the victims’ ability to function, making it crucial for people to get treatment.
