Legal Information and Frequently Asked Questions about Colorado worker's
Compensation Claims for those Hurt on the Job
Q. I was injured at work and I believe my
injury is due to the negligence of my employer.
Can I sue my employer for negligence?
A. Generally, no. In the state of Colorado , if the
employer has worker's compensation coverage, the only
remedy an employee has for a non-intentional injury
occurring at work is provided under the worker's Compensation
Act. Benefits under the Act include wage loss benefits,
payment of medical bills, reimbursement for mileage
to and from appointments, prescription medicine, disfigurement
benefits, and a monetary award for any permanent impairment.
worker's compensation benefits do not include compensation
for pain and suffering or future vocational losses.
However, if an employee is injured during the course
and scope of employment by the negligence or wrong
of another who is not the direct employer or a co-employee,
the injured employee may receive worker's compensation
benefits and also pursue a third party claim against
the at-fault party.
For example, if an employee is injured in a car accident
while working, the employee may receive worker's compensation
benefits and also, along with the worker's compensation
carrier, bring an action against the at-fault driver.
Q: I was injured on the job. I want to see
my own doctor, but my employer said that I have to
go to the doctor they designate. Is that correct?
A: Under the Worker's Compensation laws, the employer
has the right to select a treating physician for an
injured employee. If you are injured on the job, you
must first report your injury in writing and ask your
employer whether the company has selected a physician
for worker's compensation injuries. That authorized
physician may then refer you to other medical providers
who also may provide medical treatment. Any doctor
or medical specialist within that chain of referral
is authorized and medical bills will be paid by the
worker's compensation insurance carrier if the claim
is admitted or if the administrative law judge determines
the injury is work related.
If the employee does obtain treatment from a doctor
that is not authorized by the employer, the employee
will be responsible for payment of those medical bills.
If the employer does not refer you to a physician
or denies the claim, then the employee has the right
to select his or her own physician.
Q. I was injured at work and my employer
will not agree to let me see my doctor or send me
to a company doctor. What can I do about this?
A: First, to ensure your rights are protected, you
must give your employer written notice of your injury
within four days of the occurrence. Under Colorado
law, verbal notice to your supervisor or employer
is not sufficient even if your supervisor is present
when the injury occurs. If you fail to give this written
notice, you may lose one day of benefits for each
day after the first four days that you fail to give
notice. You can still give written notice after four
days and receive worker's compensation benefits, but
those benefits may be reduced.
Second, in all cases of work related injury, the employer
or the insurer has the right to select the physician.
However, if the services of a physician are not offered
at the time of the injury, the employee then has the
right to select a physician. If your employer refuses
to send you to a doctor, you may then see the doctor
of your choice.
If your employer or insurer denies coverage, you
will probably need to file an application for hearing.
At the hearing you will ask a judge to order your
employer to pay for the doctor's services and for your wage loss.
Q. I sustained a serious injury at work.
The work comp insurance adjuster said that they would
not pay me any more benefits and that they had filed
a Final Admission of Liability (FAL). What is a FAL?
A. The FAL tells you whether the insurer is admitting
for payment of your medical benefits after Maximum Medical Improvement (MMI) and
whether it will pay for your disfigurement (e.g.,
scars or a limp). It also states upon what percentage
of impairment the insurer is basing its admission.
If you disagree with anything in the FAL, or if want
a DIME, you must object within 30 days or you may
lose important rights and benefits.
A high percentage of the time, our clients receive
additional money and medical benefits when they object
to the FAL. Because timing is critical with FALs,
you need to pay close attention to protect your rights.
Call an attorney if you have questions or concerns.
Q. What are other terms for worker's compensation?
A. The cases are also referred to as workers comp, work comp, workmans compensation, workmans comp, workmens compensation, and workmens comp.
Q. What cities and.or counties does Kiel & Trueax, LLC work in?
A. Denver, Aurora, Lakewood, Golden, Englewood, Littleton, Castle Rock, Longmont, Lone Tree, Brighton, Thornton, Northglenn, Westminister, Arvada, Wheat Ridge and Greenwood Village, to name a few. KTG Legal also serves Denver, Boulder, Arapahoe, Jefferson, and Douglas counties.
Q. What is the Colorado worker's Compensation Statute of Limitations Information?
A. 2 years from the time of the injury.
Related Information
If you or a family member have been
injured as a result of someone else's negligence, contact
Kiel & Trueax, 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 worker's
Compensation FAQ