Nick Fogel

Burg Simpson Eldredge Hersh & Jardine, PC - Colorado
40 Inverness Drive East
Englewood, CO 80112
(303) 792-5595

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 Lawyer and since 2012, Nick was selected as a Colorado Super Lawyer 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.

Selected to Colorado Super Lawyers®, 2022
AV Preeminent® Rating, Martindale-Hubbell
Selected to Best Lawyers® in America, 2018-2022
Top Lawyer, 5280 Magazine, 2016
AVVO®, Highest Distinction of Superb 10.0 Attorney Rating
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 - 2021
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
Professionals in Workers' Compensation, Claimant Attorney of the Year, 2016

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

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, 2010
American Israel Public Affairs Committee  Young Leadership Council Member
2010 and 2011 Denver Softball League Champion
Friends of Denver Fire Department  Board Member
Craig Hospital 1907 Ambassador’s Circle
Steering Committee Member
Oversight Committee Member

2019: Short Informational and Promotional Videos
"Defining Effective Strategies for Safety and Communication During the Pandemic", quoted by The Docket, February/March 2021
"Survey of COVID-19 Insurance Issues - Workers' Compensation, Part 2," Colorado Lawyer, October 2020
"Survey of COVID-19 Insurance Issues - Coverage for Business Income Interruptions, Part 1,"Colorado Lawyer, August/September 2020
"Meatpackers deny workers benefits for COVID-19 deaths, illnesses" - quoted by Reuters, September 29, 2020
"Are You Eligible for Workers' Compensation Benefits?" - Interview in U.S. News & World News Report, January 30, 2019
“Finding Middle Ground” - Interview in Law Week Colorado (May 2017)
Published Decision: 07CA0071 Safeway, Inc. v. Industrial Claim Appeals Office of the State of Colorado and Tearsa Sloan (Colo. App. 2008), Argued
TV appearance for the 2019 Jeremy Bitner Run. Sponsored by Nick Fogel and Burg Simpson: Mile High Living segment, ABC TV, Channel 7.
TV appearance for the 2019 Jeremy Bitner Run. Sponsored by Nick Fogel and Burg Simpson: Colorado's Best segment, Fox Channel 31.

Presenting and Defending a COVID-19 Case, Colorado Bar Association CLE, October 23, 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.