Areas of Practice

The Law office of Francis K. Culkin, Esq. practices in five areas: Worker’s Compensation, Social Security Disability, Long and Short Term Disability (ERISA) claims, and Personal Injury and Civil Rights cases. We believe there is a synergy between these areas. All require the ability to read medical records and understand medical issues and all require trial skill. Trial skills are the ability to persuade a judge or jury that the person you represent is right. All require the ability to prepare the people you represent for the always stressful experience of testifying in court. Finally, all require a law firm that is committed to guiding the person represented from beginning to the end of what is often the most difficult time of their life. The Law office of Francis K. Culkin, Esq. is dedicated to providing each person the personalized and individual attention each case deserves.

Worker’s Compensation

Workers’ Compensation is a system that came to Colorado in 1915. It was designed to protect workers from the often-catastrophic effect of injuries that workers suffered at work. The employer is required to provide medical care for the injury the worker suffered while at work. If the employee cannot work while he or she is being treated for the injury, the employer or the employer’s insurance company must pay the worker 66% of his or her wages. If medical treatment cannot return the worker to his or her condition prior to the injury in most cases the worker is entitled to a settlement.

These concepts are simple. However, in the over-100 years since 1915, the rules and regulations have become very complex. In almost every case, the injured party would be wise to hire an attorney experienced in this area of the law. .

The Law office of Francis K. Culkin, Esq. has been representing injured workers since 1974. Many of our early clients were individuals I worked with when was a framing carpenter prior to attending law school. I have never represented insurance companies in these matters because I only felt comfortable representing men and women who have been injured on the job.

Social Security Disability

Social Security Disability is a form of long-term disability insurance administered by the federal government.  A portion of every worker’s income is withheld from the workers’ wages and paid to the federal government. For most people the withheld funds are returned in the form of retirement benefits.

Those workers who, due to illness or injury, cannot work until retirement age are entitled to receive disability benefits commencing when they become unable to work. The disability benefits have been paid for with the money withheld from the workers’ paycheck. People who are awarded Social Security disability benefits also receive health insurance in the form of Medicare commencing two years after they become unable to work.

People who have not paid into the system but who are unable to work due to illness or injury may qualify for Supplemental Security Income. Initially, these people need to prove that they cannot work. In addition, the injured or ill person has to prove that they are extremely poor. The individual who receives Supplemental Security Income also receives health insurance in the form of Medicaid benefits.

As is the case with Workers’ Compensation, these simple ideas have become complex in practice. The individual claim is initially decided after an examination of the paperwork and medical records submitted by the person who is unable to work. If the individual is turned down after a paper review, he or she has a right to have their case heard by an administrative law judge. The judge is not bound by the previous decision.

An experienced attorney can frequently change the result either of the paperwork review level or at the hearing before the administrative law judge. Simple things such as being able to promptly obtain medical records and provide them to Social Security Administration are extremely important. More complex skills, for example, understanding medical records, court procedure and the now complex laws controlling Social Security Cases are even more important.

The Law office of Francis K. Culkin, Esq. provides assistance and guidance to our Social Security clients from the earliest stages of their cases. We provide individualized intelligent attention to assist our clients in successfully concluding a struggle that takes place in the worst moments of their lives.

 Personal Injury

Personal Injury cases arise when a person is injured through the negligence or carelessness of another person, corporation, or a government entity. The most common example of such cases is an automobile accident. If the cases are not settled, a judge or a jury decides them.  As was the case with Social Security Disability and Workers Compensation, the initial concept of Personal Injury cases was simple.  The injured person had to prove that it was “probable” that his injury was caused by the careless actions of another person, a corporation or a government agency. This simple idea has become very complex in practice. Personal injury cases require a deep knowledge of the ever-changing law that controls such cases. As is the case with Social Security Disability cases and Workers Compensation cases they require the ability to understand often-complex medical records. Personal injury cases require a highly experienced attorney with the ability to present the injured persons’ case in a vivid but understandable fashion first to claims personal and subsequently to a jury. Count on the experience of The Law office of Francis K. Culkin, Esq. to represent you in your Personal Injury case.

Long Term Disability

Some individuals are fortunate enough to have a private long-term disability insurance policy.  The policy, often paid for by the employer, provides that if the person covered by the policy becomes ill or is injured, and as a result is unable to work, the insurance company will provide wage protection. Once again, a simple concept has become complex. Insurance companies play hardball. They often use the opinions of a team of well-paid doctors to deny wage benefits. In addition, if the employer paid for the disability policy, a complex set of rules stemming from a series of decisions by the United States Supreme Court can possibly control the case. The use of an attorney experienced in long-term disability cases is necessary to combat the denial of benefits.

In handling an ERISA case, as with all other cases, we attempt to provide the person we are representing with individualized service. We do everything possible to fit the case strategy to the person we are representing instead of using a “cookie cutter” approach. Count on the experience of The Law office of Francis K. Culkin, Esq. to represent you in your Long Term Disability case.

Civil Rights and Wrongful Termination

People who are deprived of their civil rights by the actions of employers or governmental agencies can bring a lawsuit to seek compensation. The rights protected are set forth in the federal constitution and federal statutes as interpreted by federal court decisions.

Once again, the law in this area in complex. There are deadlines that have to be met. Early representation by a skilled lawyer is extremely important.

As is the case in the other areas of which we represent people, we attempt to fit our representation to the client. Although controlled by federal law, civil rights cases are extremely personal. Knowledge of the client and specific facts of his or her case is imperative to winning the case.

Wrongful termination often accompanies a civil rights case. These are controlled by state law. Like civil rights cases they are usually highly charged emotionally. They are very fact specific. We believe that our firm’s individualized approach to these cases is the best way to achieve success.