The Aurora Police Association

INTRODUCTION

Dear APA Members,

We appreciate being selected by the APA to appear on the APA website to help and assist APA members with Workers' Compensation issues. You may call us at 303-534-0401 any time you have a question. Every question is important.

It is very important that you report every injury. A minor injury can become worse and failure to report such an injury will have serious consequences. An on the job injury can affect your career and can impact your pension. Therefore:

Good choices as to medical care must take place such as therapy, MRI's and other diagnostic tests.
Second opinions from medical care providers may be important.
A just and fair settlement of your case must be implemented by a fair impairment rating, negotiation, or litigation.

It is also important to realize If you are injured on the job due to a car accident or any other negligent act of a citizen, you have a right to file a workers' compensation claim and collect damages from the negligent citizen in the form of a personal injury claim.

Larry Free These are but a few of many examples of the complexities surrounding the Workers' Compensation laws. Please feel comfortable in calling either of us by telephone or by email. We take pride in representing law enforcement officers for over 25 years.

Best Regards,

Marshall Fogel and Larry Free
303-534-0401
1199 Bannock
Denver, CO 80204

By Marshall Fogel

To send Marshall of Larry a question or comment click here: Questions & Comments

Workman's Comp Time Line
Date of Accident	Compensability	TTD	TPD	Authorized Medical Care
Report accident immediately. Fill out an accident report and/or claim form. Demand to be seen by a doctor.	A claim can arise from a singular event (i.e. falling off a ladder) or a condition of the workplace (i.e. lifting boxes over four years causing a herniated disc in the back).	Temporary Total Disability is payable if an authorized doctor either takes the employee off work or imposes restrictions the employer can't a ccommodate. TTD equals 2/3 of the gross average weekly wage, including overtime and any benefits paid by the employer suck as health insurance. TTD is based on the average weekly wage at the time of the injury. If the weekly wage is not constant, then a fair representation of a number of past weeks is considered. TTD is only paid during the period a person is not at MMI. After a person reaches MMI, they are no longer entitled to TTD. TTD & TPD are limited by the law at a fixed maximum amount that changes every July 1st.	Temporary Partial Disability is a benefit for the employee when the authorized doctor allows the employee to work a modified job that pays ess than the average weekly wage (at the time of the injury). While working the modified job, the employee receives TPD payments equal to 2/3 of the difference between the average weekly wage and what the injured worker is currently earning. TPD is only paid during the period a person is not at MMI. After a person reaches MMI, they are no longer entitled to TPD. TTD and TPD are limited by the law at a fixed maximum amount that changes every July 1st.	When injured you are required to receive medical care from doctors authorized by the employer. If you go to your own doctor you will pay for the care. If the employer doesn't clearly provide a notice of what clinic you are to receive treatment at, you can go to your own doctor until the employer later directs you to a medical provider. There are procedures for 2nd opinions to see doctors other than required by the employer.
MMI	Rating	Division Independent Medical Exam	Medical Maintenance	Litigation
The time the authorized doctor states that there is no further medical care that can improve the employees condition caused by the injury.	The impairment rating is given at the time the injured employee is placed at MMI. Ratings are not automatically the same for a similar injury. The rating system is complex. Determining the amount of money the injured worker is entitled to may require legal assistance.	A Division IME can be obtained if the Claimant is dissatisfied with the rating and/or the finding of MMI.	Medical care after the rating is available in certain cases. This type of care may be necessary to maintain MMI 9i.e. medication, physical therapy, follow-up appointments with an authorized doctor and future surgery).	Workers ' Compensation laws allow for Judges to decide all issues in disputes. Under certain circumstances some claims can be appealed up to the Supreme Court.
Pension, Social Security Disability, Short Term and Long Term Disability
All effect the value of a workers' compensation case.