First, the law reimburses injured workers two-thirds of their gross lost wages while treating.  While this benefit is not reduced by payroll taxes, it still means a loss of purchasing power.  For injuries occurring after July 1, 2013 the maximum wage loss benefit is $875.42 (Up from last year’s maximum benefit of $848.42.)    You must earn $1,313.13 a week prior to your injury to qualify for the maximum rate.  Earning above $1,313.13 a week are not compensation.

Second, the permanent impairment benefits for arm and leg injuries has raised to $275.00 a week.  This means that a 10% impairment of the arm or leg is now worth $5,720.00 up from $5553.18.

Third, benefits for disfigurements from work injuries has been increased to $4,640.90 or $9,280.84 for extensive facial or body scars, burns or stumps resulting from loss of limbs.

Fourth, there is a limitation on the total amount of lost wage (TTD/TPD) and impairment (PPD) benefits workers may receive, called the cap.  For those injured on or after July 1, 2013, the most in TTD/TPD/PPD benefits you can receive is 80,868.10.  If your impairment rating surpasses twenty five percent of your person then your benefit cap rises to $161,734.15.

These changing benefit rates illustrates how workers compensation injuries in Colorado can be incredibly complex.  If you have been injured on the job and are entitled to receive Colorado workers compensation benefit payments contact our Denver and Greeley workers compensation attorneys. We have helped thousands of injured workers get the maximum benefits they are entitled to under the law.

Kaplan Morrell has helped thousands of injured Colorado workers since 1997 get the benefits they deserve.   Contact us here or call us at (866) 356-9898 for your FREE CONSULTATION.

Michael, presently a WCEA board member, is one of only a handful of attorneys who represent the WCEA on its legislative committee. Almost every year, the WCEA proposes legislation that has the intent of improving the workers’ compensation system.  Like legislative sessions before, the WCEA authored new legislation in 2013.  After Michael testified at the State Capitol on April 29^th, SB13-285 passed out of committee unanimously and was signed into law.

Below is a brief summary of all the changes that will be enacted as of July 1, 2013:

If the Employer or Carrier does not furnish medical care to the Claimant as required by the Workers’ Comp Act, and the claim is eventually found to be compensable, the Claimant is reimbursed for the costs they paid out for medical care.

After notice of termination of a fringe benefit like medical insurance, the employer, carrier, or third-party administrator is required to recalculate the Claimant’s average weekly wage and begin payment of the wages based on the recalculated amount within 15 days.

The bill requires temporary partial disability to be paid at least every 2 weeks.

The employer, carrier, or third-party administrator must now provide the Claimant a complete copy of the claims file within 15 days after the mailing of a written request.

In order to request attorney fees and costs when an opposing attorney requests a hearing for an unripe issue as the Act provides now, the requesting party must prove that it attempted to have any unripe issues stricken by a prehearing administrative law judge. Fees and costs may only be awarded if the listing of the unripe issue directly causes them.

The amount of time that must pass before an employer or insurer may request an independent medical examiner, if the treating physician has not determined that an injured worker has reached maximum medical improvement, is extended from 18 to 24 months. If the independent medical examiner selected determines that the worker has reached maximum medical improvement, the independent medical examiner shall also determine the worker’s permanent medical impairment.

The WCEA’s overwhelming objective in authoring SB13-285 was to promote the General Assembly’s intent of assuring the quick and efficient delivery of disability and medical benefits to injured workers.

It’s a good news this start of the year for Colorado state employees. The state shows another sign of fiscal recovery as Gov. John Hickenlooper proposes a 1.5% increase in state workers salary.

November last year, Hickenlooper already recommended a $20.3 billion budget for fiscal year 2013-2014. The proposed state budget was “the most robust spending plan presented since before the Great Recession” and was expected to add more money to schools and colleges, give seniors a property tax break, and provide state employees pay raises of up to 1.5%.

This time the Gov. Hickenlooper also recommended coupling that pay raise with a 1.5% merit increase and a 0.6%.

But the good news just might be better for state employees as some lawmakers proposed an even bigger increase.

Just last year member of the Joint Budget Committee are divided on how much to slash off state employees paychecks, this time both parties in the committee are debating on by how much to increase state workers’ salary.

Democrat Hickenlooper’s proposed increase package would cost $39.9 million from the state’s general fund but $83 million total when counting all funding sources such as federal and cash funds.

Joint Budget Committee, Rep. Crisanta Duran of D-Denver, however, thinks the salary hike should be at 2.0% instead of 1.5%. Her recommendation would increase the general-fund cost of the raise package by $4.1 million and bring the total up by another $8.1 million. Duran believes that state employees’ salaries fall way behind their counterparts in private sectors by as much as 6.7%. Studies done by a Colorado workers union however, show that the discrepancy is by as much as 9%.

State Sen. Kent Lambert of R-Colorado Springs, on the other hand, questioned the figure and showed support for the former increase proposal.

In the end, and after much deliberation, the higher pay raise was approved. The figure was approved on a 4-2 vote, with the only dissent coming from the two Republicans on the committee. And though the entire package adjustment for state employees is yet to be approved by the full legislature, state employees are already pleased at the Committee meeting’s turnout.

Patty Moore, president of Colorado Workers for Innovations and New Solutions (WINS), a union representing more than 31,000 state employees thinks the Joint Budget Committee did the right thing. In a quick comment, she said: “This is a step in the right direction after years of doing more with less.”

If you or someone you know is dealing with compensation issues with their employers, please refer them to our law offices. Kaplan Morrell’s attorneys have over thirty years of combined experience helping injured workers in Colorado. Click HERE or Call us at Kaplan Morrell at 866-356-9898 for your FREE CONSULTATION.

Workplace violence, which includes verbal abuse and assaults, affects 2 million victims every year. According to the Beverly Police Department, this is the fastest growing form of murder in the USA. Statistics show that 10.25% of men and 40.34% of women are killed at work, as compared to natural causes and accidents. Currently, more than 2 million people are assaulted on the workplace each year, and more than 6 million are being threatened. Meanwhile, according to the 2006 Bureau of Labor Statistics study, only 30% of employers have a violence prevention policy.

Violence in the workplace is an increasing phenomenon. An expert on shootings in a workplace says that it can happen at any place at any time. Mr. Patrick Fiel, a public safety adviser for national security said that, unfortunately, employers assume that workplace violence can’t happen in the workplace and that it is unavoidable.

How to Avoid Workplace Violence

Awareness and preparedness is both key in order to prevent workplace violence. Here are just some steps in order to increase safety for employees.

1. Have close contact with those in the workplace. Survey employees about their thoughts and concerns on security. Make sure that there is an open line of communication on the said topic. Even minor acts of violence should be reviewed.

2. Conduct risk assessment in order to identify the workplace’s strengths as well as weaknesses. From this, create a plan to address the weaknesses noted.

3. Make sure that the parking lot and controlled areas are well lit, since dimly lit areas are ideal for assaults.

4. Security cameras and doors with a key card access can also help avoid workplace violence. Installing silent alarm systems and panic buttons are also suggested.

5. In areas where money is exchanged, use raised platforms and mirrors, to make sure that others see these transactions.

6. A clearly written non-harassment policy should be developed and discussed with the workplace. This should be co-developed with the human resources department and the company security department

7. Notify the company security department when there is a need for an emergency protection order. Representatives of the said department may meet with the person who has requested this, along with his or her supervisor.

8. Having a workers’ compensation law is a crucial step to extending safety to the workplace. The said law keeps employers responsible for injuries of their employees. Workers’ compensation is one of the many services provided by Kaplan Morrell in Colorado. Free consultations are offered to meet the employers and employee’s various needs. For more information, visit their website at www.kaplanmorell.com.

Sources

http://journalstar.com/tips-to-prevent-workplace-violence/article_2bda9f46-c734-11df-a54f-001cc4c002e0.html

http://www.beverlypd.org

http://www.post-gazette.com/stories/business/legal/plans-to-prevent-workplace-violence-urged-674296/

http://crimeprevention.rutgers.edu/crime/violence/workplace/prevention.htm

Why would an insurance carrier pay the medical bills for an injury they may decide to dispute? There are two reasons.

First, by sending you to a doctor – the insurance company ensures that you will see a doctor that the insurance company selects. This doctor will be conservative and make sure that you are available for some type of work – rather than taking you off work completely. The doctor will not be eager to recommend expensive tests or treatments until other less-expensive alternatives have been explored.

Second, the insurance company hopes that if they provide medical care you will not seek a lawyer. Maybe you will get better, return to work, and then no fight will be necessary.

Regardless of the reasons – do not assume that you have properly filed for workers’ compensation or that your case has been admitted – simply because the insurance company is paying for medical treatment. We can help preserve your rights.

Workers Compensation can be difficult, confusing, and very complex. Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve. Contact us here or call us at (866) 356-9898 for your FREE CONSULTATION.

About 4,500 professional basketball, football, baseball, hockey and soccer players have cashed in benefits from the Golden State, based on a study that came out August of last year. Some even reaching six-digit figures on settlements for multiple injuries to the head, arms, trunk, legs and general body or cumulative trauma caused by work related stress.

The peculiar side of giving these huge benefits is that some of these athletes played as little as one game in the state they are cashing in the benefits from.

Thus,the big question stands: should long retired out-of-state teams and athletes cash in on workers compensation?

Last February 25,a bill was passed in California to ban retired athletes from filing for workers’ compensation benefits from California after they have played only a few games within the state. With the current set up, employers end up paying higher premiums and surcharges to athletes after insurance companies failed to pay for these outstanding claims, authors of the bill say.

Backing the bill are sports leagues and their insurers who believe some athletes are abusing this compensation system, especially with California- the only state that has relatively lenient regulations on these claims.

“The system is completely out of whack right now,” Jeff Gewirtz, VP of the NBA’s Brooklyn Nets, told the LA Times.

On the other side of the heated debate are players, athlete unions and labor lawyers who believe banning or restricting professional athletes’ benefits is unfair.

For one, workers compensation is fully funded by the employers and does not come from taxpayers’ money. Consulting lawyer for the National Football League Players Association, Richard Berthelsen argues that the workers compensation of the teams are calculated into the players salary caps pro-rata. In effect, he says, the athletes are paying for their own insurance coverage. “They pay for their own benefits,” he argued.

Other athletes and their unions contend that the nature of their work require guaranteed protection from debilitating injuries. Some professional athletes, especially football players, have relatively short careers but end up with incapacitating not to mention costly injuries that aren’t adequately covered by disability benefits of their respective leagues.

Angie Wei, Legislative Director of the California Labor Federation, tackles the issue of out- of-state teams cashing in benefits for cumulative effect of injuries over years of playing. She says whether athletes play for out-of-state teams, they should still be eligible to receive fair compensation. Her reason is that athletes work for a short period of time but at very intense levels thus being more prone to injury. She argues that the players are just like any other workers who deserve access to their respective benefits.

The solution probably lies not in banning retired athletes from filing for workers’ compensation benefits, but in drafting a provision in existing state laws that raises the minimum requirements for athletes to benefit from the compensation system. This is a provision that will protect the state employers from being abused by players who cash in benefits after playing relatively few in-state games;a provision that will at the same time provide the right and just compensation for professional athletes after their career limelight has died. At the very least, there’s a win-win situation.

Workers Compensation can be difficult, confusing, and very complex. Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve. Our firm is also only one of two law firms designated by the National Football League Players Association in Colorado to help pro-players with their work injuries. Contact us here or call us at (866) 356-9898 for your FREE CONSULTATION.

A recent report from the Veterans Benefits Administration (VA) shows that more than 863,000 injured veterans are still waiting for their compensation claims.From 188 processing days to resolve a veteran’s claim at the start of 2012, the wait increased to 262 days by the end of the year.

This made hundreds of veterans and their spouses frustrated and disappointed at the system. Lindsay Dove, wife of a veteran, was driven by her frustration to come up with a YouTube video she titled, “The VA Does Not Care” last September 2012. The department answered with its own video a month after, discussing what the VA has done so far regarding pending claims. Unmoved by the VA’s response, and still seeing know improvements in her husband’s claim, Dove made another video in November, showing a printout of the claim’s status. “Estimated claim completion date of 10-5-2013 [to] 5-5-2014,” she reads. “That, right there, is why veterans commit suicide.”

While Tommy Sowers, Assistant Secretary for Public and Inter-Government Affairs at the VA deems the backlog “unacceptable”, he says this is inevitable as the VA makes it easier for more veterans to qualify for benefits.

Every year, the VA has processed about one million claims. But with these changes, more than one million new claims also come in. And though Sowers says the VA will turn the corner, he cannot guarantee that they will be able to do so soon enough.

“I wish I could give you an answer that next month we could just throw more resources at this and eliminate [the backlog],” says the Assistant Secretary. “We can’t. This problem has been decades in the making and it’s going to take a few years to fix.” One of the moves the Department is taking is upgrading to electronic processing system. VA officials improvements will be felt in 2014 and the backlog eliminated by 2015.

Late last year, Dove used her own health insurance for her husband’s neck surgery. Not long after, the VA came out with a ruling– almost one year earlier than his claim’s indicated release — giving her husband 100 percent disability benefits.

It took Dove two videos and more than a year of knocking at the VA’s office to finally get her husband’s claims. She just wished it would take this long for the other hundred thousands of veterans who laid their lives on for the country, to get theirs.

Do you have issues with your workers compensation claims? Kaplan Morrell’s workers compensation attorneys have over 30 years of combined experience in helping workers claim what is due to them. Call us today at 866-356-9898 for a Free Consultation. Know your rights, and fight for them!

Before the passage of Amendment 64, medical marijuana was already legalized in Colorado since 2000. However, federal law prevents many doctors from prescribing it. Conflict between state law and federal law has led to many uncertainties. Although medical marijuana cards are being secured by many people from Colorado, employers are unsure about their obligations to their employees who were prescribed to use medical marijuana. At the same time, employees with medical marijuana cards are clueless on their rights. Up to this date, it has not been resolved whether an employee bearing a valid medical marijuana card can be terminated or reprimanded for reporting for work with marijuana in his or her system and whether such employee can raise a valid claim against his employer in case he is terminated.

A case relevant to the issue on hand involves Brandon Coats, a telephone operator from Colorado, who has been paralyzed in a car crash and has been in medical marijuana since 2009. Coats was fired from his job in 2010 for failing a company drug test. He sued his employer but lost in the case as the trial court judge decided in favor of his employer, stating that medical marijuana is not a “lawful activity” contemplated by the law. His case is currently pending with the Court of Appeals.

Legal questions brought about by the legalization of medical marijuana in 2000 have not yet been resolved and yet, another wave of confusion is set to arise with the passage of Amendment 64.

Since federal law penalizes possession of marijuana, courts in states which legalize use of marijuana have sided with the employers and permitted them not to allow their employees use of marijuana even if outside of their work. This has caused many disgruntled employees to be terminated from work. With the passing of Amendment 64, such scenario is not far from happening in Colorado.

In order to make the new law work, Colorado companies are highly advised to revisit their policies on drugs and assess how they can reconcile them with the present laws and rules in the state. It would be better still for employers to initiate a dialogue with its workers on how to address the issue on the legalization of marijuana and medical marijuana. But most importantly, its implication on workers’ compensation should also be analyzed.

With all the possible complications brought about by the legalization of marijuana, you may encounter issues with your employers. If this happens, you will need the assistance of a workers’ compensation lawyer to help you get your claims effectively. Make sure to get an advice from one of the workers’ compensation attorneys of Kaplan Morrell. Call (866)-365-9898 or click here for a free consultation today!

According to the Colorado Department of Agriculture, it accounts for $40 billion in overall economic activity generated annually and $6 billion cash receipts from sales of crops and livestock in 2010. Colorado agriculture also provides more than 170,000 jobs and hosts some of US’ leading processed food companies. Efficient farming and ranching methods have helped Colorado feed the country and the world, exporting at least $1 billion worth of food products.

Farm workers are important workforces in agricultural states like Colorado and to exporting economies such as the US. However, agricultural workers are also among the most exploited and mistreated workers in the country. According to the US Department of Labor’s Bureau of Labor Statistics, farm work belonged to the country’s top 10 most life-threatening jobs with a 41.1% fatality rate. In spite of that, farm work also belonged to America’s 25 worst-paying jobs according to the Forbes.com with a meager mean annual wage of $17,630.

Colorado farm workers and ranchers are among those who toil for extremely low wages in appalling working and living conditions. Most of them live in the constant fear of job loss or discharge, a factor discouraging them to assert their legal rights however degrading their conditions are.

Frequently, farm workers do not receive the minimum wage, particularly those working under the piece rate scheme or being paid per bucket or bag. Other wage problems experienced by most farm workers include unlawful deductions and unpaid total work hours.

Colorado laws state that farm workers must receive the minimum hourly wage for every hour worked. Although federal minimum wage is $7.25 per hour, the Colorado Minimum Wage Order No. 28 mandates that Colorado employers should pay their workers the higher value state minimum wage of $7.64 effective January 1, 2012.

Colorado state laws also mandate the compliance of employers and contractors to certain labor standards related to working and living conditions. Farm labor contractors who hire workers on behalf of employers must be licensed by Colorado and the US government.

Farm workers usually ride overcrowded and unsafe vehicles to their workplace or live in congested, insanitary and dilapidated temporary housing facilities. Transportation and housing must meet health and safety standards at par with state and federal laws.

Exposure to pesticides is also regulated under the Worker Protection Standards adopted by the Colorado Department of Agriculture. Farm workers must be provided with protective gears, potable drinking water, bathrooms and washing facilities in farms, decontamination sites and trainings on the proper handling and application of pesticides.

Agricultural workers must also have workers’ compensation insurance under Colorado and US laws. Job-related injuries or disabilities entitle workers to immediate medical treatment, a claim to compensation and a percentage of lost wages depending on the severity of the injury and number of days out of work to fully recuperate, employee retention and return-to-work opportunities.

Farm workers deserve better. If you or someone you know needs help with claiming compensation for work-related injuries get the help of an experienced attorney now! Know your rights now and stand up for them. Contact one of our lawyers at Kaplan Morrell today at (866) 356-9898 for a FREE CONSULTATION.

No law specifically addresses this class of employees until President Barack Obama signed into law the Telework Enhancement Act of 2010, first proposed in March 2009. Under the law, federal government is encouraged to emulate private industry by coming up with policies that promote and add telecommuting as a means of getting their jobs done. Barely recovering from the hard-hitting effects of the economic recession, the US government hopes that this alternative work style can help cut costs, downgrade energy consumption and ease traffic congestion.

Telecommuting, made possible by telecommunications technology, allows employees to work from remote locations like field and their homes or while travelling—essentially defying worker, workplace and work style conventions. It is argued that telecommuting, despite legal pitfalls, brings a lot of benefits to both employer and employee: working in the comfort of one’s home and time, improving productivity and attracting and retaining skilled and talented workers.

According to the US Office of Personnel Management in a report published in 2011, 2.5% or 3.1 million of the US employee workforce considers home as their primary workplace whereas 20 to 30 million Americans work from home at least one day a week. More than 5% of the federal workforce telecommutes. Meanwhile 82% of Fortune Top 100 Companies enable employees to work off-site whereas 52% of the total 27.5 million small businesses in the US are based on home and small offices.

The most common legal liability stems from workers’ compensation concerns, employer-employee relationship—whether they are employees or contractors—and the fact that precisely when telecommuters are working and when they have temporarily stopped are often unclear.

Lawsuits allege that telecommuting violates basic federal and state labor laws as this neither pays for overtime work or being on “stand by” nor does it provide severance pay and travel reimbursements. Telecommuters are often assumed as independent contractors and are therefore exempt from labor regulations. Arguing that home-based workers are still employees, they should nonetheless “in the course and scope of employment” be treated the same as worksite-based employees.

The Telework Enhancement Act mandates that teleworkers and non-teleworkers must be similarly treated for purposes of “periodic appraisals of job performance of employees: training, rewarding, reassigning, promoting, reducing in grade, retaining and removing employees; work requirements”.

The US Department of Labor by the Fair Labor Standards Act and other state laws mandate that employers must pay home-based workers the same hourly rate or salary for all hours worked and at least time and one half the regular rate for hours worked in excess of 40 in a workweek.

Further, telework employers covered by the FLSA and Americans with Disabilities Act are essentially required to cover expenses incurred by their employees working at home (DSL line, computer additional phone line, electricity costs, etc.) The US DOL Occupational Safety and Health Administration, despite not having regulations on telecommuting workplaces, require employers to keep records of work-related injuries and illnesses and they are not exempt from providing workers’ compensation premiums.

Expanding the workplace into people’s homes mean that we will see cases where workers are injured at home during their time “on the clock.” These cases will be difficult to show that the injury occurred in the course of employment even though the workers was working at home. Know your rights as a telecommuter. Contact the experienced lawyers of Kaplan Morrell at (866) 356-9898 for a FREE CONSULTATION. We have helped thousands of workers in their workers compensation claims. Call us today!