What Do You Do if You Have Received a Notice of Contest?

If you get hurt on the job, you have to tell your employer right away. The law gives workers just four days to report – in writing – non-fatal injuries to their employer. But that is only the first of many deadlines that stand between a workers’ compensation claim and its resolution.

What Does it Mean?

One of the most critical deadlines involves what is called the Notice of Contest. In Colorado workers’ compensation cases that involve the loss of more than three shifts or three calendar days of work due to permanent impairment, contraction of an occupational disease, or death, the insurance company must file a Notice of Contest – which is a formal position statement denying liability for benefits – or an Admission of Liability. The insurance carrier is required by law to file this Notice of Contest within 20 days from when the Employer’s First Report of Injury is filed or (should have been filed) with Colorado’s Division of Workers’ Compensation.

In short, the employer’s insurance company has roughly three weeks to either approve or deny your claim – along with an explanation justifying either decision.

Why Does it Happen?

In Colorado, there are several reasons your claim might be denied. Some of the most commons reasons include:

• You took too long to report. Employees hurt at work have four days to report an injury. If you take any longer, the validity of you claim plummets dramatically.
• You went to the wrong doctor. Unless it’s a life-or-death situation, you are required to see the medical provider your employer has designated.
• You got hurt doing something else. To receive workers’ compensation, you must have suffered your injury or illness while at work, performing a job-related function.
• You didn’t talk to your doctor. You may forfeit part of your potential workers’ comp claim if you do not offer your medical provider the details of all of your injuries.
• You did not get hurt in front of anyone. Insurance companies tend to reject unwitnessed claims.

 

The most important thing to keep in mind is that receiving a Notice of Contest is not the end of your claim. It should be the beginning of your fight to get proper compensation for your workplace injury. A Notice of Contest is, by no means, a final judgment. It should, however, serve as notice to any injured employee to seek legal representation from a Colorado work comp attorney. In fact, you only have 45 days to fight back against the Notice of Contest.

The workers’ compensation process in Colorado is complicated and riddled with deadlines. If you have been hurt while on the job and received Notice of Contest, do not go it alone. We can help! Call the Colorado workers’ comp lawyers at Burg Simpson at 303-792-5595 or fill out a FREE Evaluation Form here right now.