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Nickolas D. Fogel

Attorney Profile

Top Rated Workers' Compensation Attorney in Englewood, CO

Burg Simpson Eldredge Hersh & Jardine, P.C.
40 Inverness Dr E
Englewood, CO 80112
Phone: 303-792-5595
Fax: 303-708-0527
Selected to Super Lawyers: 2022
Selected to Rising Stars: 2012 - 2021
Licensed in Colorado Since: 2007
Practice Areas: Workers' Compensation: Claimant (60%), Personal Injury - General: Plaintiff (40%)
Languages Spoken: English, Chinese-Mandarin
Attorney Profile

Nick Fogel is the practice group leader of Burg Simpson’s workers’ compensation department, which has achieved Tier 1 status by US News and World Report (the highest-ranking available).  His practice is devoted to 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.

Nick’s practice focuses on the representation of law enforcement, firefighters, and first responders who sustain injuries in the line of duty.  Nick has represented law enforcement and first responders from departments across the state.  Nick has also handled medical retirement claims filed through the Fire Police Pension Association (FPPA).  In 2017, Nick assisted in the passage of HB 1229 which changed the legal standard to allow for the admission of workers’ compensation benefits for first responders related to on-duty PTSD.  Nick regularly gives seminars and presentations to law enforcement and first responder groups regarding workers’ compensation.

In 2016, Nick was named as the Outstanding Claimant Attorney of the Year. The award is given for exemplary service and diligent representation of injured workers as recognized by the Professionals In Workers Compensation.  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. Nick has also been selected by the National Trial Lawyers Association for inclusion in The Top 40 under 40 Association and as one of the top 100 trial lawyers in Colorado. The selection is based on superior qualifications, leadership, reputation, influence, stature, and profile in the Trial Lawyer community. Nick has also been selected by The American Society of Legal Advocates as one of the Top 40 Litigation Lawyers under 40 in Colorado. In 2022, Nick was selected as a Colorado Super Lawyers® and since 2012, Nick was selected as a Colorado Super Lawyers® Rising Star, a distinction limited to only the top 2.5 percent of qualifying lawyers in the state. Nick has also been selected to the Best Lawyers in America and as a Top Colorado Attorney by 5280 Magazine.  Nick is rated AV-Preeminent by Martindale-Hubbell. An elite group of approximately 10 percent of all attorneys hold an AV Preeminent Rating.

Nick is proud to be a founding board member of the Jeremy Bitner Fallen Officer Fund.  The Fund was created in honor of Detective Jeremy Bitner, who was killed by a drunk driver while in the line of duty.  The fund provides assistance to the families of officers that have been killed in the line of duty.  Nick is also a board member of the Denver Firefighter’s Foundation, whose mission is to improve firefighter safety and quality of life.  Nick is also a board member of the Colorado Judicial Institute, whose mission is to ensure the merit-based selection of judges.  Nick has volunteered for the ZRBG pension project in representing Holocaust survivors in order to ascertain pension benefits from the German government.  Nick is also a board member of the Workers’ Compensation Education Association.

Practice Areas
  • 60%Workers' Compensation: Claimant
  • 40%Personal Injury - General: Plaintiff
Focus Areas

Motor Vehicle Accidents, Personal Injury - Plaintiff, Slip and Fall, Trucking Accidents

Selections

1 Years Super Lawyers
10 Years Rising Stars
  • Super Lawyers: 2022
  • Rising Stars: 2012 - 2021

White Papers

About Nickolas D. Fogel

First Admitted: 2007, Colorado

Professional Webpage: http://www.burgsimpson.com/denver-colorado-lawyers/lawyer-ni...

Honors/Awards

  • Selected to Colorado Super Lawyers®, 2022, Colorado Super Lawyers®
  • AV Preeminent® Rating, Martindale-Hubbell, Martindale-Hubbell
  • Selected to Best Lawyers® in America, 2018 - 2022, Best Lawyers®
  • Top Lawyer, 5280 Magazine, 2016,  5280 Magazine
  • AVVO®, Highest Distinction of Superb 10.0 Attorney Rating, AVVO®
  • Up-and-Coming Lawyers, Law Week Colorado, 2010, Law Week Colorado
  • Top 40 Under 40, The National Trial Lawyers, The National Trial Lawyers
  • Top 100 Trial Lawyers in Colorado, The National Trial Lawyers, The National Trial Lawyers
  • Selected to Colorado Super Lawyers® Rising Stars, 2012 - 2021, Super Lawyers®
  • Top 40 Litigation Lawyers Under 40 in the state of Colorado, The American Society of Legal Advocates, The American Society of Legal Advocates
  • Named '10 Best' in Colorado, the American Institute of Personal Injury Attorneys, 2015, American Institute of Personal Injury Attorneys
  • Arapahoe County Bar Association Fellow, Arapahoe County Bar Association
  • Claimant Attorney of The Year, Professionals in Workers' Compensation, 2016, Professionals in Workers' Compensation

Pro bono/Community Service

  • Jeremy Bitner Foundation- Nick helped to develop the fund as an inaugural board member, and he is actively involved as a sponsor of the Bitner Foundation's annual fundraiser.
  • Legal Aid Foundation of Colorado - Associates Advisory Board
  • Denver Firefighter’s Foundation - Board Member
  • ZRBG Pension Project – Designed to Ascertain Pension Benefits for Holocaust Survivors
  • Burmese Refugee Legal Clinic.  A free legal clinic offered to Burmese Refugees in order to educate them on the legal system and their rights, 2010
  • American Israel Public Affairs Committee – Young Leadership Council Member
  • Denver Softball League Champion, 2010 - 2011
  • Friends of Denver Fire Department, Board Member, 2011
  • Craig Hospital 1907 Ambassador Circle Member of the Steering Committee Member of the Oversight Subcommittee
  • Co-Founder and Co-Chair of the Young Professionals Division and Ex-Officio Board Member. Colorado Judicial Institute, an organization whose goal is to preserve and enhance the independence and excellence of Colorado courts. 
  • Our Courts Colorado - Executive Committee member and New media strategy committee member - a nationally recognized organization that provides educational programs throughout the state to further public knowledge and understanding of the state and federal courts in Colorado, 2011
  • Appointed by Director of the State of Colorado Department of Labor and Employment Division of Workers'Compensation to the Traumatic Brain Injury Medical Treatment Guidelines Advisory Panel, 2012

Newsletters

  • Article in the CJI Newsletter updating the membership on a special Our Courts Colorado project involving the production of educational videos on the judiciary.  I am one of the leaders of this project., Our Courts Launches YouTube Videos, Colorado Judicial Institute

Other Outstanding Achievements

  • Appointed by Director of the State of Colorado Department of Labor and Employment Division of Workers'Compensation to the Traumatic Brain Injury Medical Treatment Guidelines Advisory Panel, 2012
  • Named as an Ex-Officio board member of the Colorado Judicial Institute, 2012

Representative Clients

  • Colorado Carpenters Local 1068
  • The Fraternal Order of Police
  • Association of Colorado State Patrol Professionals
  • Local 1886 International Association of Machinists & Aerospace Workers
  • Local 858 Denver Fire Fighters
  • Local 7 United Food and Commercial Workers Union
  • Denver Sheriffs Fraternal Order of Police
  • Bakery, Confectionery, Tobacco Workers & Grain Millers, International
  • Colorado Teamsters Local 17
  • Denver Police Protection Association
  • Cherry Hills Colorado Police Association
  • Local 7 International Association of Stage Hands
  • International Brotherhood of Electrical Workers Local 111
  • Local 435 Teamsters
  • Denver Theatrical Stage, Film and Exhibition Employees' Union
  • Local 9 International Union of Operating Engineers
  • Aurora Police Association
  • Boulder Police Officers Association

Bar/Professional Activity

  • Admitted to Colorado Bar, 2007
  • U.S. District Court District of Colorado, 2018
  • The National Trial Lawyers Association, Member since 2011
  • Our Courts Colorado, Member New Media Committee Executive Committee Member
  • Colorado Judicial Institute, Member since 2010 Ex-Officio Board Member  Co-Chair Young Professional Division 
  • Workers' Compensation Education Association, Member since 2010
  • Minoru Yasui Inn of Court
  • American Association for Justice, Member since 2008
  • Colorado Trial Lawyers Association, Member since 2008
  • American Bar Association, Member since 2008
  • Denver Bar Association, Member since 2008
  • Colorado Bar Association, Member since 2008
  • The American Society of Legal Advocates, Member
  • Society for American Baseball Research – SABR

Verdicts/Settlements

  • Global Settlement of $300,000+ involving permanent and total disability
  • Global settlement of $500,000 involving a Claimant suffering from Chronic Regional Pain Syndrome.
  • Global settlement of $500,000+ for Claimant with hernia and shoulder injuries, 2012
  • 07CA0071 Safeway, Inc. v. Industrial Claim Appeals Office of the State of Colorado and Tearsa Sloan (Colo. App. 2008). Successfully argued at the Colorado Court of Appeals resulting in a published decision which gave Claimants the right to seek retroactive benefits in workers’ compensation claims.
  • Received confidential settlement related to the death of an electrician at Coors Brewing Company.  The individual was found dead in front of a live electrical panel within the brewery, 2012

Educational Background

  • University of Denver, Sturm College of Law, J.D., 2007
  • University of Colorado, Boulder, Colorado, B.A. in International Affairs with an area of emphasis in Mandarin Chinese, 2003

Videos

  • TV appearance for the 2019 Jeremy Bitner Run. Sponsored by Nick Fogel and Burg Simpson: Colorado's Best segment, Fox Channel 31., Jeremy Bitner Run, 2019
  •  TV appearance for the 2019 Jeremy Bitner Run. Sponsored by Nick Fogel and Burg Simpson: Mile High Living segment, ABC TV, Channel 7., Jeremy Bitner Run, 2019
  • Workers' Compensation, Burg Simpson | Workers' Compensation , 2019

Scholarly Lectures/Writings

  • Presenting and Defending a COVID-19 Case, Colorado Bar Association CLE, October 23, 2020, Presenting and Defending a COVID-19 Case, Colorado Bar Association CLE, 2020
  • 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.
  • Gave a lecture to world's largest organization of sworn law enforcement officers regarding workers' compensation and civil law claims, 2012, Lecturer, Fraternal Order Of Police
  • Gave a Lecture to Boulder police officers regarding workers' compensation and civil law claims, Lecturer, Boulder Police Officers' Association
  • Gave lecture on workers' compensation and civil claims, Guest Speaker, International Brotherhood Of Electrical Workers Local 111
  • Frequently Lecturer, Workers' Compensation as well as provides Legislative Advice to First Responder and Labor organizations
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Office Location for Nickolas D. Fogel

40 Inverness Dr E
Englewood, CO 80112

Phone: 303-792-5595

Fax: 303-708-0527

Last Updated: 9/21/2021

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