When should I file a claim?

Colorado’s statute of limitations on filing a personal injury claim is two years. Colorado operates under the discovery rule, meaning that the clock starts ticking from the time the injury is discovered, not from when it initially occurred.

How can I prove negligence?

Colorado operates under the contributory negligence rule, which means that the person who injured you may file a counter-claim for damages if they believe that you, the injured, were also partially at fault.

When will the other person’s insurance contact me?

Colorado law stipulates that insurance is not allowed to contact you within 30 days of being injured. A release of liability, which is a statement that says you won’t sue the at-fault party for anything else, can’t be obtained by insurance within 30 days either.

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EEOICPA FAQs

At Killian, Davis, Richter & Fredenburg, PC, you are in good hands with our knowledgeable Grand Junction RECA lawyers who are experienced in handling RECA claims.

ANSWERS ABOUT EEOICPA & SEC CLAIMS

WHAT IS THE EEOICPA AND SPECIAL EXPOSURE COHORT?

EEOICPA is a program administered by the Department of Labor, Office of Worker Compensation Programs, on behalf of the U.S. Federal government. The law was enacted in 2000 by Congress and went into effect in 2001. EEOICPA covers workers and work sites currently or formerly administered by the Department of Energy (DOE) and Atomic Energy Commission. The Special Exposure Cohort (SEC) was established under the EEOICPA and covers various classes of employees. Claims compensated under the SEC do not have to go through the dose reconstruction process.

WHO IS ELIGIBLE TO FILE AN SEC CLAIM?

To be eligible for compensation via the SEC, you must:

Have worked at a designated SEC site for a minimum of 250 days
Have been diagnosed with any of the 22 specified cancers.

Additionally, direct survivors of eligible workers, including the following, can be eligible for compensation by pursuing a claim:

Children, including biological children, adopted children and/or step-children
Spouses
Grandchildren.

WHO IS ELIGIBLE TO FILE AN SEC CLAIM?

SEC sites are located throughout the country. Sites include, Rocky Flats, Grand Junction AEC Compound, Nevada Test Site, DOE/AEC National Labs including Los Alamos, Lawrence Livermore, Sandia, Brookhaven, Savannah River, Hanford, Kansas City Plant and other DOE facilities. For a full listing of SEC sites, click here.

HOW MUCH IS AN INJURED WORKER ENTITLED TO UNDER THE SEC?

Filing a claim can result in a tax-free, lump-sum payment of at least $150,000 up to $400,000.

HOW MUCH IS AN INJURED WORKER ENTITLED TO UNDER THE SEC?

Dealing with the bureaucracy – Filing a claim requires the completion and submission of several forms, and making mistakes along the way can result in unnecessary claim delays (if not wrongful denials). We are experienced with this claims process and can take care of all of the complicated paperwork for you, helping to ensure that your claim proceeds as smoothly as possible.
Appealing claim denials – If you have already filed a claim that has been denied, let us help you with the appeal. We can evaluate what may have went wrong with past claims while helping to craft you the strongest possible appeal.
Providing you with personalized, responsive service – Throughout the claims process, you can count on our advocates to keep you informed about your case, be responsive to your needs and concerns, and provide you with honest answers and realistic expectations.
Maximizing your benefits – Depending on your claim, you may be eligible for impairment or wage loss compensation. We can help you pursue all available remedies to ensure you are able to obtain the maximum possible benefits.

WHY SHOULD I HIRE KILLIAN, DAVIS, RICHTER & KRANIAK, PC?

With more than three decades of experience representing injured workers, including those who have developed serious occupational illnesses due to radiation exposure, we have the insight, experience and resources you can rely on to help you resolve your claim as favorably and efficiently as possible.

HOW MUCH DO YOU CHARGE TO FILE MY CLAIM?

All attorneys’ fees for SEC claims filed with the Department of Labor are contingent upon the claim’s success. Our contingent fee agreement states that we can only collect fees if the claimant is awarded benefits. Attorneys’ fees are limited to 2% of the claimant’s award. If your claim is denied, you will not owe attorneys’ fees.

CONTACT US TODAY

To learn more about your claim, potential awards and how we can help you, let’s meet for a free, no obligations initial consultation.

To schedule this meeting, call (970) 241-0707 or complete the contact form on this page. We do NOT charge any fees unless there is a payout for your claim, so you have nothing to lose – and everything to gain – by contacting us today.