Legal Information and Frequently Asked Questions about Colorado Workers'
Compensation Claims for those Hurt on the Job
If you have been disabled by an injury at work, commonly referred to as a workers' comp injury, you need to determine who is in your corner when benefits aren't paid promptly and in an orderly way. Is the insurance company refusing to acknowledge certain aspects of your injury? Is the company sending you to a doctor who pays no attention when you explain what your injuries are and how the injuries affect you? Is the company paying your wage loss benefits (temporary disability benefits) based upon a lower wage than what you actually earn? Are your medical care providers failing to order certain diagnostic tests, such as an MRI, a brain scan or a bone density test, that you clearly need in order for the provider to properly diagnose your injury? Are your wage loss checks coming erratically or not at all? Are you being forced back to work when your injuries have not healed enough for you to do your job properly? Have you been evaluated for permanent disability (permanent impairment) by a company doctor and been given a very low, or a zero, impairment rating? These are some of the common issues that arise in workers' compensation cases. If you are unable to resolve any of these problems by talking with your claims adjuster, you may wish to consult with a Colorado workers' compensation attorney. The attorney may advise filing an Application for Hearing with the Colorado Division of Workers' Compensation if the insurance company does not properly acknowledge your injuries, provide proper medical treatment or pay disability benefits promptly.
You should know that it is important for you to attend all scheduled medical appointments with your authorized treating doctors. If you don't, your disability benefits can be terminated by the insurance company.
At the conclusion of your medical care, you are entitled to be evaluated for any permanent injury you have suffered as a result of your work related injury. Your initial impairment rating will be performed by your authorized treating physician. However, if that rating is not fair, if it doesn't properly characterize your degree of permanent injury, then there is a mechanism through the Colorado Division of Workers' Compensation by which you can contest the inadequate permanent impairment rating. This mechanism is called a Division Independent Medical Examination (DIME, for short). If you receive a Final Admission of Liability (FAL) filed by the insurance company, you only have thirty days during which you can object to the initial permanent impairment rating. If you have not already consulted a Colorado workers' compensation attorney by this stage in your case, you should do so promptly if you are to successfully challenge the initial impairment rating.
Work comp cases are generally handled by attorneys on a contingency fee basis, in other words, a percentage of recovered benefits. The fees are governed by Colorado statute. The statute, or written law, is called the Colorado Workers' Compensation Act. In fact, nearly every aspect of a work comp claim is governed by the Colorado Workers' Compensation Act, and the appellate court cases which interpret the Act. If you need to look at the Act, you can go to the Colorado Department of Labor and Employment, Division of Workers' Compensation website and click Workers' Compensation Act.
Colorado Workers' Compensation Statute of Limitations Information
The statute of limitations in a Colorado workers' compensation case is two years. To comply with the statutory requirements, a claimant (injured worker) must file a Worker's Claim for Compensation with the Division of Workers' Compensation within two years. Once the claim has been filed, if it is accepted by the insurance company, by way of the filing of a General Admission of Liability, or is found to be compensable by an administrative law judge, the injured worker will receive treatment until reaching a status known as "maximum medical improvement" or "MMI." When the worker reaches MMI, the insurance company will file a document called a Final Admission of Liability admitting for the MMI date and for any permanent impairment as determined by the treating doctor. At this point, the injured worker only has thirty days to object, in writing, as to any issues he disagrees with in the Final Admission, i.e., whether he is at MMI, his percentage of permanent impairment, his average weekly wage, or other issues. There is a mechanism, through the Colorado Division of Workers' Compensation, by which the injured worker can request a "Division Independent Medical Examination" (DIME) if he feels the date of MMI is incorrect or if he feels that the medical impairment rating is unfair. If the injured worker does not object to the Final Admission of Liability within the thirty days, the claim is closed. A claim that has been closed because of a Final Admission (or on a final Order, if the case went to hearing) can be reopened within six years of the original date of the injury. Where the injury occurred more than six years ago, the claim can also be reopened for medical benefits within two years of any medical bill being paid and/or it can be reopened for disability benefits within two years of any benefits being paid, or where such a benefit should have been paid.
Related Information
If you or a family member have been
injured as a result of someone else's negligence, contact
Kiel, Trueax and Gold, LLC
We are an experienced Colorado Workers Compensation Injury Law
Firm.
We will work hard to recover your losses.
Contact us at (303) 694-2666 or by email for your free consultation.
Colorado Workers'
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