Meet our Attorneys

Nick Fogel

Shareholder

Nick Fogel - Professionals in Workers Compensation 2016 Attorney of the Year asla_top40logo2014-sfw the-national-trial-lawyers-top-100_small the-national-trial-lawyers-top-40-under-40_small 10-best-american-institute-of-personal-injury-attorneys Nick Fogel - Super Lawyers Nick Fogel-Avvo Top Attorney Workers Compensation Award Nick Fogel - Super Lawyers Rising Stars Nick Fogel-5280 Top Lawyer 2016

Nick Fogel’s practice is devoted to helping those who have been injured while working on the job and in the line of duty. In this capacity Nick has extensive courtroom experience handling a wide variety of matters.

In 2010, Nick was selected by Law Week Colorado as one of Colorado’s Up-and-Coming Lawyers, a distinction given to attorneys who are at most in their sixth year of practice and have already accomplished tremendous things professionally and in the community. Recently, Nick has been selected by the National Trial Lawyers for inclusion in The Top 40 under 40 Association. Membership into The Top 40 under 40 Association is by invitation only and is extended exclusively to those individuals who exemplify superior qualifications, trial results, and leadership as a young trial lawyer.

Additionally, Nick has been selected by the National Trial Lawyers as one of the Top 100 Trial Lawyers in the state of Colorado. The selection is based on superior qualifications, leadership, reputation, influence, statute, and profile in the Trial Lawyer community. Since 2012, Nick has been selected to Colorado Super Lawyers® “Rising Stars,” a distinction limited to only the top 2.5 percent of qualifying lawyers in the state.

In 2008, Nick argued before the Colorado Court of Appeals resulting in the published decision of 07CA0071 Safeway, Inc. v. Industrial Claim Appeals Office of the State of Colorado and Tearsa Sloan (Colo. App. 2008), which allowed for Claimants to seek retroactive benefits in workers’ compensation claims.

Nick is an Ex-Officio Board Member and has Co-founded the Young Professional’s Division of the Colorado Judicial Institute, an organization whose goal is to preserve and enhance the independence and excellence of Colorado courts. Nick has also been named as a board member of the Friends of Denver Fire Department, an organization devoted to supporting the needs of the Denver Fire Department and Denver Firefighters. Additionally, Nick has been selected to serve on the Executive and New Media Committee for Our Courts Colorado, a nationally recognized organization that provides educational programs throughout the state to further public knowledge and understanding of state and federal courts. Nick has also been selected to serve on the Steering Committee for the Craig Hospital 1907 Ambassador’s Circle and was appointed by the State of Colorado to the Traumatic Brain Injury Medical Treatment Guidelines Advisory Panel.

Nick consistently works with various local and state unions to ensure members’ rights are being protected, including the following:

  • The Fraternal Order of Police
  • Association of Colorado State Patrol Professionals
  • Local 1886 International Association of Machinists & Aerospace Workers
  • Local 9 International Union of Operating Engineers
  • Denver Police Protection Association
  • Local 858 Denver Fire Fighters
  • Aurora Police Association
  • Cherry Hills Colorado Police Association
  • Local 7 United Food and Commercial Workers Union
  • Teamsters Local 455
  • Colorado Teamsters Local 17
  • Boulder Police Officers Association
  • Local 7 International Association of Stage Hands
  • Denver Sheriffs Fraternal Order of Police
  • Colorado Carpenters Local 1068
  • International Brotherhood of Electrical Workers Local 111
  • Bakery, Confectionery, Tobacco Workers & Grain Millers, International
  • Denver Theatrical Stage, Film and Exhibition Employees’ Union
  • Colorado Builder and Construction Trades Council
  • AFL-CIO
  • Communication Workers of America

Nick also volunteers for the ZRBG Pension Project, where he has represented two holocaust survivors in ascertaining pension benefits from the German government.

Top Lawyer, 5280 Magazine, 2016

Up-and-Coming Lawyers, Law Week Colorado, 2010

Top 40 under 40, The National Trial Lawyers

Top 100 Trial Lawyers in Colorado, The National Trial Lawyers

Selected to Super Lawyers® Rising Stars, 2012 - 2016

Top 40 Litigation Lawyer Under 40 in the state of Colorado, American Society of Legal Advocates

Named '10 Best' in Colorado, the American Institute of Personal Injury Attorneys, 2015

Arapahoe County Bar Association Fellow

Colorado, 2007

U.S. District Court, District of Colorado, 2008

J.D., 2007, University of Denver, Sturm College of Law

B.A., 2003, University of Colorado, Boulder – International Affairs with an area of emphasis in Mandarin Chinese

The National Trial Lawyers, Member since 2011

Our Courts Colorado


  • New Media Committee Member

  • Executive Committee Member

Colorado Judicial Institute, Member since 2010


  • Ex-Officio Board Member

  • Co-chair Young Professionals Division

Workers’ Compensation Education Association, Member since 2010

Minoru Yasui Inn of Court

American Association for Justice (AAJ), Member since 2008

American Bar Association, Member since 2008

Colorado Trial Lawyers Association (CTLA), Member since 2008

Denver Bar Association, Member since 2008

Colorado Bar Association, Member since 2008

Legal Aid Foundation of Colorado – Associates Advisory Board

ZRBG Pension Project – Designed to ascertain pension benefits for Holocaust survivors

Burmese Refugee Legal Clinic, 2010

American Israel Public Affairs Committee – Young Leadership Council Member

2010 & 2011 Denver Softball League Champion

Friends of Denver Fire Department – Board Member

Craig Hospital 1907 Ambassador’s Circle


  • Steering Committee Member

  • Oversight Committee Member

Published Decision: 07CA0071 Safeway, Inc. v. Industrial Claim Appeals Office of the State of Colorado and Tearsa Sloan (Colo. App. 2008), Argued

Nick frequently lectures on Personal Injury and Workers’ Compensation to First Responder and Labor organizations. Please contact Nick if your union or organization would like a free informational seminar on Civil or Workers’ Compensation law and benefits.

Gov. Hickenlooper Signs Workers Comp PTSD Bill Into Law

 June 8, 2017

Gov. Hickenlooper Signs Workers Comp PTSD Bill Into Law

The third time’s the charm for PTSD relief for Colorado’s first responders. After a pair of failed attempts over the past few years, the legislature finally sent a bill to the governor this year that would allow first responders to apply for mental impairment claim under Colorado workers’ compensation law after a “psychologically traumatic event.”… Read more »

Michael Burg Blasts Big Pharma

 June 6, 2017

Michael Burg Blasts Big Pharma

The political environment in DC couldn’t be better for Big Pharma. And it’s about to get worse, which is what worries Burg Simpson co-founder Michael S. Burg. “Dr. Scott Gottlieb, the newly appointed commissioner of the Food and Drug Administration, is so financially tied to Big Pharma that he could not possibly be a reliable… Read more »

Burg Simpson Eldredge Hersh & Jardine Selected to the Legal 500 List For 2017

 May 31, 2017

Burg Simpson Eldredge Hersh & Jardine Selected to the Legal 500 List For 2017

This Year Marks the Sixth Time the Denver-Based Law Firm Has Been Named to the Prestigious List May 29, 2017 (Denver, CO) – Burg Simpson Eldredge Hersh & Jardine, one of America’s foremost plaintiff trial firms, is proud to announce it has been selected to The Legal 500 for 2017 and founding shareholder Michael S…. Read more »

Nick D. Fogel Earns Workers’ Comp Honor

 May 24, 2017

Nick D. Fogel Earns Workers’ Comp Honor

The awards just keep coming in for the attorneys at Burg Simpson. The Professionals in Workers’ Compensation (PWC) named shareholder Nick D. Fogel the 2016 Outstanding Claimant Attorney of the Year. Nick is Burg Simpson’s workers’ compensation department head and has extensive experience working with clients who’ve been injured at work. “I was humbled and… Read more »

Breach of Contact – Colorado Corporate Litigation Attorneys- Burg Simpson

 June 22, 2017

HOW LONG DOES A PARTY HAVE TO PERFORM HIS OR HER DUTY UNDER A CONTRACT?

If you are in the business world, a common cause of action you may encounter is for breach of contract. A breach of contract occurs when one party fails to perform an agreed-upon duty as specified in the contract, whether it’s verbal or written.  Sometimes the question arises as to how long a party to… Read more »

Second Jobs – Denver Work Comp Lawyers - Burg Simpson

 June 21, 2017

Does a Second Job Threaten Your Workers’ Comp Claim?

Colorado’s one of the more fortunate states in the country right now. While the national unemployment rate hovers around 4.3 percent, the Centennial State boasts a rate of nearly half that at 2.3 percent. Not only is it the lowest unemployment rate in the nation, it’s so low that the state’s jobless rate has only… Read more »

Jeremy Bitner Memorial Run- Burg Simpson

 June 19, 2017

Runners, Walkers Race to Honor Jeremy Bitner

Clouds may have threatened Colorado skies early Saturday morning, but that didn’t stop hundreds of runners, walkers, and children from showing up at Englewood’s Cornerstone Park for the 2017 Jeremy Bitner Memorial 5K/10K Run & 5K Walk. The fifth annual race honored the late Englewood Police Detective Jeremy Bitner, who died in the line of… Read more »

Texting and Driving – Colorado Personal Injury Attorneys – Burg Simpson

 June 16, 2017

Colorado Cracks Down on Texting and Driving

In late-February of last year, 28-year-old Athina Munoz barreled south down a rural Colorado highway when she realized she had an urgent text message to send. She swerved into oncoming traffic as she did so, killing an older couple on a motorcycle instantly. Munoz also tested three times the limit for alcohol, which helped earn… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

Net Neutrality

 November 18, 2015

Net Neutrality: A Panel Discussion

Rick D. Bailey contributes his opinion on Net Neutrality in this panel article published in Best Lawyers® Business Edition, Summer, 2015. Download full article PDF

The Trial Lawyer Magazine

 November 18, 2015

Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Rick Bailey - Hearing and Mishearing

 November 18, 2015

Hearing and Mishearing: Psychoanalytic Observations on the Attorney-Client Relationship

Trial lawyer Rick D. Bailey co-authored this white paper with David Stevens, a practicing psychoanalyst/clinical psychologist and associate professor at the university of Colorado Health Sciences Center. They address the attorney-client relationship throught the lens of psychoanalysis and cognitive neuroscience. Download full article PDF

Top 100 National Trial Lawyers Legal 500 Best Lawyers in America Super Lawyers US News 2014 US News 2014 Plantiffs Top 25 Most Influential Lawyers