Colorado Workers' Compensation Information

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.

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 workers' compensation coverage, the only remedy an employee has for a non-intentional injury occurring at work is provided under the Workers' 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. Workers' 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 workers' 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 workers' compensation benefits and also, along with the workers' 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 workers' 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 workers' 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 workers' 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 workers' 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 and Gold, 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.

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.

John Trueax is the attorney at Kiel, Trueax and Gold who advises clients on workers' comp matters.

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 Personal Injury Law Firm that will work hard to recover your losses.
Contact us at (303) 694-2666 or by email for your free consultation.