It is well-established that a particular injury is compensable only if it occurs in the course of or arises out of the employment duties of a person. To make this determination, courts often look at whether or not the injury occurred at the premises of the employer and if it took place during workplace hours. We've seen several examples that even injuries during horseplay are compensable when the conditions are right. However, there is a class of injuries that are termed as secondary injuries or subsequent injuries to an original one. In these situations, courts have determined that the employer is liable for them as well - provided they meet with certain conditions.

It's not always easy to ascertain the compensability of an accident off hand. Contact your Colorado Springs personal injury attorney to find out if there is any doubt as to whether or not your accident will be reimbursed by your employer or the insurance company. Keep in mind that the above parties are always on the lookout for ways and means to avoid any kind of payout. It is important for you to have an experienced lawyer who will be able to defend you and present a compelling case before the authorities.

Secondary Injuries in Colorado Springs

Take the example of an employee who was injured on his shoulder and had to undergo physical therapy to get back to normalcy. On his way out of the physical therapy session which was being covered by a treatment program as part of workers compensation, he slipped and suffered further injuries. Both the industrial claims appeals office and the Court of Appeals agreed that workers compensation has to extend to secondary and subsequent injuries as well.

Even though the subsequent event didn't take place during work hours or in the premises of the employer, it was a direct consequence of the original injury and the treatment program which he was required to follow. Because of this intimate connection between the two events, workers compensation has to be paid.

This introduces the doctrine of "quasi-course of employment" which states that any injury that would not have taken place but for an existing original injury which was covered under workers compensation laws in Colorado is also applicable for the same treatment. In reality, this is merely an extension of the "but for" test which checks to see whether a particular accident occurred because the employee was engaged in work related activities.

It's important to carefully craft workers compensation cases to ensure that no hole is left unplugged. Your Clawson & Clawson attorney will be able to help you understand the complexities of the issue and what steps you need to take to prepare.

The purpose of initiating and maintaining the workers compensation laws in Colorado is to provide a safety net for employees so that they can carry out the duties specified by their employer without any kind of financial setback due to any injury or accident. We have seen in several cases that this protection can extend even to those situations when the person is not explicitly in the workplace but is performing an activity that "arises out of" and is "in the course of" his or her employment. However, a line has to be drawn at some point otherwise the employers will have to bear an unfair share of the burden of responsibility for ensuring that the employee maintains good health. At some point of time everyone has to take responsibility for their actions. One example in case law has been upheld several times where an employee was injured while exercising and has claimed compensation on the basis of the fact that the exercise was necessary for him to continue in employment. Courts have developed what is now known as the "Price test" which evaluates the circumstances of the employee's injury.

In order to ensure that you obtain the workers compensation that you deserve, contact a Colorado Springs personal injury attorney who will help to defend you against the attempts by insurance companies to get out of their obligations to pay.

Injuries While Exercising

An employee called Max Price who was a prison guard was told by his employer that he needed to lose some weight. Pursuant to these instructions, he was exercising himself by hanging upside down from a horizontal bar when he fell and was injured. He sought workers compensation on the grounds that he had been engaged in exercises under the instructions of his employer and therefore his activities were in the course of employment. However, the courts disagreed with his claim because it failed to meet certain basic criteria which were relevant to the circumstances.

For these kinds of accidents to be compensable, a very strong factor is whether or not the accident occurred during work hours and at the premises of the employer. These two points are a strong indication of whether or not the employer bore any responsibility for the injury of the employee. However, two further circumstances have to be taken into consideration. The first is whether or not the employer initiated the exercise program in the first place and whether or not they had any control over the type of exercises that the employee would be engaging in.

In the case of Price, his employers had not instructed him to engage in that particular form of dangerous exercise and he was held to be responsible for his own injuries. The Price test has been used several times to judge whether or not accidents suffered during exercise programs are compensable by Colorado employers. Click here to find out more about the possible hurdles you will face when claiming workers compensation.

Last week we had seen that workers compensation is applicable for injuries sustained if the employee is following the orders of his or her superior provided that the latter had the authority to issue them. In the specific situation that we examined earlier, the employee was outside the premises of her employment and suffered an injury when the employer expressly ask her to come to work even though the weather was inclement. This sets the stage for workers compensation claims that happen off the premises as well. So far, workers compensation was limited to accidents that occurred on site. But we have seen that depending on the circumstances, an injury can be compensable even outside it. This week we look at accidents which happen during an employee's break time and which occur outside the place of work as well.

As you can see, the determination of whether or not a particular injury is compensable as per the workers compensation laws is a tricky one. Contact your Colorado Springs personal injury attorney to find out how likely it is that your accident will be eligible and how to defend yourself against attacks by the insurance companies which will undoubtedly try and deny your claim.

Accidents during Paid Breaks

A key question when determining whether or not an accident occurring during a paid break off premises is compensable by the employer is whether or not the latter "retained control" over the employee during that time. To reach this conclusion, several aspects of the page break have to be taken into consideration such as how far away the employee was at the time of the accident, whether or not the duration of the break was small enough and how the activities of the employee during the break tied in with his or her employment.

To give an example, one employee was injured in an explosion at a convenience store a mere block away from her employment premises as she was on a break of 15 min. to get something to eat. It was also revealed that the employer had no vending machines on their premises essentially forcing the employee to go elsewhere to find something. In this situation, the combination of several factors such as the proximity of the convenience store to the employee's place of work, the short duration of the break as well as the fact that the employer's premises didn't have the necessary facilities for food contributed to the final determination that the employer was responsible for workers compensation.

It might seem that a case of workers compensation is cut and dried but it doesn't always work that way. New circumstances brought out by careful cross questioning can completely reverse the opinion of the courts. Make sure you contact your attorney to ensure that you obtain the workers compensation that you deserve.

Last week we had seen that any accidents sustained during horseplay at work could well be compensable provided that it was not too much of a deviation from the employee's regular duties. A close analysis of the various cases arising out of the interpretation of the workers compensation laws in Colorado shows that it's no easy matter to determine whether or not a particular incident "arose out of" and was "in the course of" employment. The resolution of one type of situation doesn't always shed light on others and each case has to be examined separately. Many judgments have first gone one way only to be reversed later on. As such, it's impossible for a layman to conclusively make a determination as to whether or not their injury can be compensable. Take for example an employee following the directions of his or her employer even when those directions had nothing to do with their employment contract per se. Is an injury sustained during such an action compensable by workers compensation laws?

Insurance companies will almost certainly try and reduce the amount of compensation you should receive for your injury suffered at work. They might even try and find a loophole by which they can avoid paying it out entirely. Contact your Colorado Springs personal injury attorney to prevent this from happening and to ensure that you get the financial compensation you deserve. Medical costs, lost wages and lingering long-term effects will make every extra dollar of compensation valuable.

Following the Directions of a Superior

In one case known as Walsh v. Indus. Comm'n, an employee was injured after her employer ordered her to come to work as soon as possible despite the fact that she had earlier tried and failed due to inclement weather conditions. It was generally held in Colorado law up to that point that an injury sustained outside the workplace and outside work timings was not compensable. In other words, having an accident while merely driving to work is not eligible for workers compensation.

However, special circumstances can exist and this is one of them when the employee was specifically following the orders of her employer to come to work in hazardous weather and conditions. While the industrial commission initially found that she was not eligible, a later court verdict reversed the order. From this we can take away that an employee following specific directions by an employer who has the authority to issue those orders is covered in case of injury by following them.

As you can see, it's hardly an open and shut case when two bodies specializing in workers compensation law are unable to reach the same conclusions. A lot will depend on how you present your case to the court and how your Clawson & Clawson attorney will speak on your behalf.

It's not easy for a specific set of laws to cover every possible variation that we encountered in real life. Even if we lay down the guiding principles which help us make a determination of whether or not an injury suffered at work is compensable by a workers compensation in Colorado, reality is complex enough that it would keep throwing at us situations which fall into a gray area. Take driving to work for example – under the regular definition it certainly arises out of the course of employment and driving accidents should therefore be compensable. But that would lead to an absurd outcome which is specifically exempt under workers compensation case law. Another such example is when employees are not actually performing their duties but are goofing around or playing with each other when they're injured. Again, while the injury definitely took place at the site of employment, it is not directly related to the employee's contractual obligations. Another gray area. So how do courts in Colorado deal with such situations?

Contact your Colorado Springs personal injury attorney to find out whether or not your injury is compensable and for how much. Rest assured that insurance companies will try their best to find some loophole of the other to avoid giving you the compensation you deserve. Your lawyer should be able to counteract such attempts and ensure that you get your rights.

Horseplay Injuries and Workers Compensation

There is no single rule which states that all horseplay incidents within a workplace are subject to workers compensation. It depends on the situation and the circumstances under which the incident took place. Such incidents are subjected to what is known as a "four-part test" which probes it's various aspects.

Horseplay is of course not considered to be part of anyone's employment. But the extent and the seriousness of the deviation matters greatly when determining whether or not an injury suffered during playing around is eligible for workers compensation. It will also be seen whether or not the particular activities have become something of a tradition at the worksite itself and whether or not the very nature of the employment can be expected to be conducive to such activities.

In one incident, a man slipped on a slippery floor while pretending to kick his fellow co worker. Naturally such an incident cannot be considered to either be in the course of or arising out of the employment contract, but because of the nature of the floor and the fact that the person's behavior was not a huge deviation from the course of employment, workers compensation was awarded to him for injuries suffered.

Any new situation can require a great deal of thought before it is determined whether or not workers compensation benefits are applicable. A great deal depends on how cogently and innovatively your personal injury lawyer presents your case. Don't hesitate to contact one before it's too late.

The question of precisely which kind of accidents are covered by workers compensation laws in Colorado is the subject of much debate. As a result, a great deal of attention has been focused on the two primary clauses which determine the status of the injury vis-à-vis compensation. These two phrases are "arising out of" and "in the course of" employment. What exactly constitutes these two phrases is a very serious matter and there is plenty of case law which deals with determining which circumstances fall into which category. Established law has held that the two phrases don't mean the same thing though it's entirely possible for injury to be classified under both. Indeed, the two phrases are conjunctive and both of them have to be met in order for workers compensation to be paid. This is because the phrases are joined together by "and" and not "or".

If you need payment as workers compensation for your injury, contact your Colorado Springs personal injury attorney to find out how you can proceed. Depending on the circumstances, the insurance companies might well try and reduce the amount of compensation you deserve or get it removed altogether. This is because they will try and make use of various loopholes in the law to achieve their ends. Without proper legal representation, your rights can be taken advantage of and you can be left hanging without obtaining the compensation that you need and have a right to.

The Two Phrases of Workers Compensation

For an injury to be considered as "in the course of" employment, it has to take place within the specified time and place limits. In addition, it has to have some connection with the actual work – only then can it be considered to have been in the course of employment.

"Arising out of" on the other hand is slightly different. The activity need not be a direct contractual fulfillment of the duties, but has to have its origins in it and be sufficiently related to the original activity for to be classified as "arising out of" it.

Take the example of a boss delivering a paycheck to an employee's home when they're on sick leave. Such an activity is certainly not part of the employment contract, but arises out of it and bears a close relationship to the work the boss is supposed to perform.

Though both these phrases have to be proved separately, in a great number of situations it is clear that they go together. It is only in fringe circumstances that there may be some doubt as to whether or not it fulfills both the conditions.

It's important for you to obtain legal help to make sure that you get the workers compensation you deserve. Click here to find out more about how you can get a personal injury lawyer today.

Last week we had an interesting discussion about how a particular accident could be considered to have "arisen out of employment" or "in the course of work" in order to determine whether or not it was eligible for workers compensation. While there are several principles which can be applied to make such a determination, special circumstances exist which have to be dealt with individually. Since driving accidents are considered to be some of the most common, it makes sense that sooner or later a court has to decide whether or not the expenses are covered by workers compensation. At first glance, it seems absurd. Why ever should a person driving on a common road be covered? But the answer is actually quite complex.

Contact a Colorado Springs personal injury attorney to find out whether or not your particular accident can be covered by your employer. According to Colorado law, there are specific situations when this is the case and your lawyer will be able to confirm whether or not they apply to you. In any case, having an attorney will help you obtain the compensation you deserve with far less hassle than if you were to try and get it yourself.

Driving Accidents in Colorado

We have seen that courts sometimes apply what is known as a "positional test" or "but for" test to determine if workers compensation has to be paid. The logic is that if the employee was in that particular situation due to the dictates of their employment, they have to be covered. But what about commute to and from the workplace? Strictly speaking, everyone driving to work should be covered for accidents using this logic. But that would be absurd – and the Colorado statutes reflect the exception.

Accidents on the road are not eligible for workers compensation unless a few conditions are met. The court will look at whether or not the accident occurred during work hours or within the premises of the employer. It will also help the cause of the employee if the travel in question is part of their job – like regular flying for example. These conditions amongst others are used as a test to figure out whether or not a person can be compensated for their driving accident.

A lawyer will be able to apply the proper tests and give you an informed opinion as to how your case is likely to proceed. Keep in mind that insurance companies will try their best to wriggle out of their obligations using some loophole of the other. Having legal representation from Clawson & Clawson will allow you to obtain your workers compensation quickly and in full.

As we have seen, workers compensation applies to all injuries and accidents which are in the course of or "arising out of" the employment of the person affected. While this may seem to be a fairly straightforward definition, it masks an immense web of complexity which can sometimes be exceedingly difficult to untangle. Indeed, there is quite a bit of case law which goes into determining whether or not a particular injury is compensable and in many cases there are arguments both ways. To deal with this, Colorado courts have sometimes applied several "tests" that try and come up with a clear-cut determination as to whether or not the injury arose out of employment. One such example is the "but for" test which seeks to answer the question of whether or not the employee would still have suffered the injury if they were not following the dictates of their employment.

Because of the ambiguous nature of such situations, it is crucial for you to obtain professional legal representation to ensure that your rights are not violated. Contact your Colorado Springs personal injury attorney so that you have the best chance of obtaining the compensation you deserve. Without one, there is a very real danger that you will not be able to muster up the talking points which are necessary to ensure a judgment in your favor.

Injuries Arising out of Employment

There are some injuries which have absolutely no connection to the employment itself but still can be considered to have "arisen out of" it. Consider a worker who is struck by lightning when they are outdoors performing their duties. Can their injury be said to have "arisen out of employment"? Something known as the "positional test" or a "but for test" is applied here and it is clear that if the person had not been following the dictates of their work the accident would not have occurred. Because of this, even incidents involving neutral forces like lightning are compensable under the workers compensation laws.

On the other hand, personal assaults such as sexual harassment are private in nature and the employee is not barred under the Worker's Compensation statutes from seeking a remedy in a court of law. This last bit of reasoning had to be obtained by an appeal from an earlier trial court's verdict. Just another example of how difficult it can sometimes be to determine what kinds of injuries are covered.

Don't hesitate to contact a lawyer if you suffered an injury at work. A delay in doing so could cost you heavily in the long-term and rob you of the compensation that you have a right to.

One of the requirements for an employee to be eligible for workers compensation benefits in Colorado is that the contract under which the employer employee relationship is created should have been signed under the laws of this state. Complications can arise when a person is injured or accidentally killed in another state with a workers compensation contract based in Colorado. Depending on the circumstances, an employee or their dependents can be either eligible or ineligible for benefits. There are specific situations when the laws have extraterritorial effects and are applicable even when the worker is outside the jurisdiction of the state. There are a few examples of case law which address this issue and this is what we'll be looking at in this article.

Make sure you contact your Colorado Springs personal injury attorney to find out whether or not you are adequately covered and what you need to do to ensure that you will receive compensation in the unlikely event of an accident. Keep in mind that insurance companies typically tend to try and deny coverage for obvious reasons. Don't let a loophole threaten the rights that you are entitled to.

Injuries and Accidents outside Colorado

It's a common precept that the place in which a particular contract is created is the area whose laws will apply when determining the rights and liabilities of the parties involved. The same is true of workers compensation in Colorado. If the contract is signed in the state, it doesn't matter whether or not the injuries or death took place outside it. This means that the laws of workers compensation have extraterritorial effect. This is true even if an employee performs the principal part of their work in another state or indeed anywhere else.

Take for example an employee who is awarded compensation in Colorado and waives it in favor of obtaining compensation elsewhere in another state. If they are not successful in obtaining such compensation in their area of choice, nothing prevents the employee from enforcing his or her rights under the workers compensation laws in Colorado.

Of course, every situation is different and your particular set of circumstances might necessitate careful examination before it can be determined whether or not the laws of workers compensation in Colorado apply. A professional personal-injury attorney will be able to advise you on this matter more thoroughly and give you an idea of what to expect.

We've seen before that in civil personal injury cases, there exists the concept of contributory negligence. The principle is that if an accident victim has himself or herself contributed in a negligent way to the accident, the amount of compensation they are entitled to receive from the person whose fault it was is reduced. This follows the natural principles of justice and prevents people from unfairly taking advantage of the personal injury laws by placing themselves in harm's way. When we discuss workers compensation in Colorado, the same question can arise. Can an employee be rendered ineligible for workers compensation if they did not take proper precautions to protect themselves from injury? The state treats workers compensation laws as slightly different from those involving personal injury. Because of this, we cannot apply the same principles that are applicable in personal injury to those accidents occurring at work.

If you've been injured at work, contact your Colorado Springs personal injury lawyer to ensure that you get proper compensation as per your rights according to the statutes of workers compensation. If you're not careful, the insurance companies might make use of a lot of tricks in order to deny you the financial resources you need to combat your injury and to cover the other losses you may suffer as a result of it. An experienced attorney will know how to counteract them.

Responsibility of Employees in Workers Compensation

Because workers compensation suits fall outside the jurisdiction of the traditional civil justice system, a diffe
rent set of rules apply to them. As a consequence, a worker's negligence which partly led to their injury does not bar them from receiving compensation in any way. The purpose of such a policy is of course to create and maintain a safe work environment where employees are not constantly threatened with the danger of being injured without any compensation.

Another interesting situation is where a particular employee's state of health renders them more susceptible to certain types of work-related injuries. One might suspect that this condition reduces the amount of compensation they are entitled to. However, this is not the case. Workers compensation in Colorado is not dependent on the state of an employee's health in any way.

As you can see, employees are very well protected under the statutes. However you might still require the services of a personal injury attorney in order to obtain the full compensation as laid down by law.