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File Your Workers Compensation Claims on Time!

By Burg Simpson

Workers' comp claim form

January 16, 2020   Colorado Blog

Colorado Deadlines

Like most states, Colorado imposes time limits for filing workers’ compensation claims.  If you have been injured in a work-related incident, it is important that you file your report quickly.

  • In Colorado, you must report a work injury to your employer in writing within four days of your injury or you may lose one day of compensation for each day you fail to report. Knowledge by the company/supervisor/ HR department, of the injury can be enough.
  • Your employer must then notify the company’s insurance provider within 10 days of your injury. The insurance company must report the injury to the state of Colorado if you miss three days or three shifts from work as a result of the injury. These do not have to be consecutive days.
  • Colorado also has deadlines for submitting your medical bills to your employer. Make sure your health care providers know that you are receiving treatment under a workers’ compensation claim. Your health care professionals can then correctly bill your employer or your employer’s workers’ compensation insurance carrier.

If the employer has notified the insurance carrier of the injury and filed a Notice of Contest, the Claimant has two years from the date of injury to file a claim with the state.

If You Have Missed a Deadline
Under certain circumstances, with good cause shown, you may be able to file a workers’ compensation claim within three years. The requirement that you report the injury in writing within four days is important, but not one to worry about if that hasn’t happened. The penalty for not reporting is one day of compensation for every day not reported so you could lose out on some temporary disability, but it is not going to affect your ability to go forward on the claim.

If the employer fails to report the injury to the state of Colorado, they may face penalties. An attorney can assist you in getting a claim filed and making sure that the insurance company has to take a position on your injury. They need to let you know if they are going to admit liability on your claim.

The most important deadline is noted in red below. You must object to a Final Admission of Liability within 30 days or you will be deemed to have accepted what they have stated in that admission. We frequently disagree with the insurance company on multiple issues that are raised in the Final Admission, and can only work to fix those if there is time to object.

 

Workers’ Compensation Time Limits

TIMELINES

Days

     Responsible Party  

Action
ImmediatelyEmployerReports fatal injuries to Division
Within 4 daysInjured WorkerReports injury in writing to employer
Within 10 daysEmployerReports all injuries to carrier/insurer
Within 20 daysInsurerFiles an admission or denial of liability after receiving notice of an injury in cases where lost time, permanency, an occupational disease or a fatality occurs or at any time where a claim has been filed with the Division.
Within 45 days of the date of mailing of the Notice of ContestInjured WorkerFiles Application for an Expedited Hearing if claim has been denied in error
 Within 30 daysInjured WorkerMust object to Final Admission of Liability if s/he disagrees with any part of it including:
• Filing for Division IME to dispute MMI or whole person impairment; or
• Filing for a hearing on any other issue
After 6 monthsInsurerIf injured worker objects to a Final Admission of Liability and takes no action to prosecute the claim for additional benefits, the insurer may petition the Director of the Division of Workers’ Compensation to close the claim
Within 4 weeks immediately following the termination of the continuous period of total disabilityInjured WorkerFiles an unemployment insurance claim

 

Burg Simpson’s Workers’ Compensation Attorneys Can Help

If you have suffered from a work-related injury, Burg Simpson’s workers’ compensation attorneys can help. We have represented cases for first responders, construction workers, city, state and county employees, retail workers, health care providers, corporate employees, and those who work for small companies.

Call Now for a Free Case Evaluation

Your workers’ compensation attorney will evaluate your case to determine the types of damages that can be recovered. Your total compensation may include economic, non-economic, and sometimes even punitive damages.

Your lawyer must meet with you to discuss the details of your legal matter in order to provide a fair and honest assessment of your workers’ compensation case. Call Burg Simpson now to schedule a free case evaluation: (720) 400-8558.

Nick Fogel, Stephan Marsh, and John Connell, Burg Simpson Workers' Comp attorneys

Working with Burg Simpson’s Workers’ Comp Lawyers

If you have been injured in the workplace or in the line of duty, Burg Simpson’s Workers’ Compensation team can help. The practice group is led by shareholder Nick Fogel, pictured on the left, and trial lawyers, Stephan Marsh in the center, and John Connell.

Call Burg Simpson Today

Your workers’ compensation lawyer will help you understand how the system works, and the next steps you need to take to obtain the compensation you deserve. Colorado workers’ compensation laws are complex, and it is important that you speak with an experienced and reputable Denver, CO workers’ compensation attorney who can help you determine your best course of action while protecting your rights.

Call a Burg Simpson today at:

(720) 400-8558.

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