Burg Simpson Shareholder Nick D. Fogel on the State of Colorado Workers’ Comp
Colorado took a huge step forward in 2017 when it finally changed the state’s workers’ compensation law to allow first responders to file claims related to post-traumatic stress disorder. But, as Burg Simpson shareholder Nick D. Fogel points out in an op-ed piece for Best Lawyers, Colorado still has work to do.
Nick, who traveled to the capitol several times to testify in support of the law, has spent years fighting for the change.
“This PTSD legislation was so important because, based on the interpretation of the previous statute, a first responder was essentially precluded from filing a claim for PTSD no matter the triggering event or exposure,” Nick explained in the article. “This denied first responders the ability to seek treatment and benefits under workers’ compensation even when the PTSD was clearly caused by a work-related exposure.”
Despite this progress, however, Nick insists that lawmakers have more work to do.
“Colorado is still stuck in a workers’ compensation system that doesn’t do enough to help employees,” Nick argued. “The workers’ compensation system has become increasingly adversarial. The system is designed to provide quick benefits to injured workers. However, continued denial of medical treatment that’s recommended by treating doctors has led to delays in recovery that ultimately negatively impacts workers and employers.”
Nick D. Fogel is the leader of Burg Simpson’s workers’ compensation practice group. Nick’s practice is devoted to helping those who have been injured while working on the job and in the line of duty. Nick works regularly with various local and state unions to ensure members’ rights are protected.