Colorado Workers' Compensation Questions & Answers

Q: I am entitled to temporary partial disability?

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Oct 22, 2018
Julie Swanberg's answer
Given that scenario, yes, you would be entitled to two thirds of the difference between your wages just before your injury and your wages now. Again, the 3-day waiting period (as it's called) applies.

Q: If I was injured and did not miss work, should I receive an admission of liability or denial from insurance co?

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Oct 22, 2018
Julie Swanberg's answer
They don't have to file an admission of liability or a notice of contest unless you have lost the equivalent of 3 days or three shifts from work. If you are working fewer hours as a result of your injury, for example, if the doctor's restrictions say you cannot work as many hours as you used to, as soon as you accumulate 24 hours that you have not worked, that will trigger the insurance company's requirement to admit or deny liability. Presumably, you have kept track of how many hours fewer...

Q: If voice recording a doctors visit, does the doctor need to be notified in the state of Colorado to use it in court?

1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Colorado on
Answered on Jul 25, 2018
Peter N. Munsing's answer
Why not discuss this with your attorney. It does mean that many doctors may shy away from treating you so you'd really need to consider if there are other ways to get the same information.

Q: how long does a surgeon have to file a referral for surgery under CO WC

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Mar 23, 2018
Julie Swanberg's answer
There is no rule about how long a doctor's office may take to request prior authorization. But, it definitely can take more than a week for the staff person to get the request to the insurance company. I suggest you call your doctor's office, ask to talk to the person who submits "prior authorization requests," and try to move them along.

Since you're in pain, you should talk to your surgeon and/or your primary doctor about pain relief while awaiting surgery.

Q: I was injured at work and the workman’s comp doctor refused to offer much help implying that I am faking the injury and

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Colorado on
Answered on Jan 8, 2018
Julie Swanberg's answer
Yes. If the treating doc says you're faking it or your problems are completely from an earlier injury (and not because you aggravated it on your current job), it will be difficult without an attorney to get the insurance company to either begin paying benefits or continue to do so. Find an attorney who specializes in workers' compensation.

Q: I got injured at work but my employer is arguing that it was my own poor decision that led up to the injury so they

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Jan 2, 2018
Julie Swanberg's answer
Your injury cannot be refused just because you might have had a part in causing it, but your benefits can be cut by 50% if your injury was because of you being intoxicated, refusing to use employer-provided safety equipment, or refusal to obey safety rules. But without knowing what your employer meant by your "poor decision."

Q: What should I do if insurance company isn't paying my TTD?

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Nov 14, 2017
Julie Swanberg's answer
Talk to your attorney again. Make sure he/she knows that you have not yet received your TTD benefits. The insurance company must pay TTD benefits every 2 weeks, or they could be penalized. Also, they will owe you 8% interest on TTD benefits that are paid late.

Q: How long do I have to file a workers' comp claim after my work injury?

2 Answers | Asked in Workers' Compensation for Colorado on
Answered on Nov 10, 2017
Tristan Kenyon Schultz's answer
This is how is should work:

First you need to notify your employer in writing within 4 days of the injury. You can still report after the 4 days window, but penalties may apply (note: inability to report due to physical or mental impairment delays the 4 day reporting requirement until you are physically/mentally capable of reporting). Your employer should notify their carrier within 10 days of the reported injury. From there the insurer takes over.

That said, it is to your...

Q: Do I need to hire a lawyer or I should try to solve a issue with Work Compensation Insurance company by myself ?

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Sep 5, 2017
Tristan Kenyon Schultz's answer
Based on your information it sounds like you did not submit any medical documentation with the workers' comp claim. Photographs are helpful, but you need a medical doctor to provide a written opinion/prognosis to establish a disability of any nature (temporary, permanent, partial or total disability).

Q: Can I sue a ex employer for a injury that happened a few years ago who had me say I was not at work when it occured

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Workers' Compensation for Colorado on
Answered on Aug 30, 2017
Tristan Kenyon Schultz's answer
Talk to an employment lawyer about the specifics of your case. Be warned, you will have an uphill battle counter your prior statement that the injury did not occur at work. There is case law that does protect employees who are forced to not report an injury in the workplace for fear of discipline/dismissal by the employer, but these cases are restricted to clearly documented threats by the employer. Also be aware that worker's compensation claims usually expire 2 years from injury.

Q: I got hurt in 10/15 and my employer filed the claim in 2/17. The Adjustor denied my claim and I haven't got any pay?

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Aug 29, 2017
Tristan Kenyon Schultz's answer
Contact an attorney that specializes in employment injuries. Assuming the employer was properly notified by you of the injury (usually 30 days), the employer improperly delayed in filing the claim (likely because the employer did not have disability insurance). You can always sue the employer in civil court, but you have additional options if the employer failed to file the claim in bad faith or incompetence. Only a lawyer you contract with can review the specifics of your situation and outline...

Q: Can you get workers' comp from an injury you got from an office job?

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on May 5, 2017
Paul Tenorio's answer
As long as you are an employee and were accidentally injured while doing your job, or you became sick from doing your job (asbestos related sickness, for instance), then yes, you may have a claim under workers' compensation laws.

Q: While waiting for surgery my employer didn't modify my work and I injured my good knee compensating for the bad one.

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Apr 21, 2017
Tristan Kenyon Schultz's answer
Review the CO Dept. of Labor website and/or contact a worker's compensation attorney for specifics about a review of your case.

Q: Attempting to represent myself in a work comp denial case. Getting worried about not understanding the process.

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Apr 7, 2017
Tristan Kenyon Schultz's answer
Workperson compensation claims can be complex. I understand that lawyers cost money, but listen to your inner voice. If you feel like you are in over your head contact a lawyer. Some lawyers work on a lower fee basis (contingent, lowers fees, and potentially fixed fee). The internet is good for answering basic questions, but no internet search can provide you with case-specific guidance. Call around, if you keep reasonable expectations on what you want in from a lawyer, you should be able to...

Q: Flight attendants do not get compensated for boarding a flight, though this is where the most pressure/stress is. Legal?

1 Answer | Asked in Workers' Compensation and Employment Law for Colorado on
Answered on Mar 30, 2017
Tristan Kenyon Schultz's answer
It sounds odd to me, but it is partly defined by the scope of the employment contract. While Colorado does have basic employment protections, there are many exceptions and case-specific determinations which can change outcome. In other words, you will need to contact an employment lawyer directly to get a full and accurate assessment of your case.

Q: Regarding workers comp cases, how long before you can't file a case or suit against the company?

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Mar 17, 2017
Tristan Kenyon Schultz's answer
In Colorado the statue of limitations for a workperson comp. claim is 2 years from injury. For personal injury, the statue of limitations is 3 years for motor vehicle claims and 2 years for all other claims. There is a remote possibility that specific facts of your case may delay the SoL. You will need to contact an employment lawyer or a personal injury lawyer for a specific review of your case.

Q: My employer in CO deduct 30 minutes for lunch that I'm not able to take as a local beer driver can I get my time back?

1 Answer | Asked in Employment Law and Workers' Compensation for Colorado on
Answered on Mar 15, 2017
Tristan Kenyon Schultz's answer
You will need to discuss this with an employment attorney privately.

Q: can a person withdraw their WC claim if the employer has paid for everything?

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Mar 14, 2017
Tristan Kenyon Schultz's answer
Usually, yes. If you very close to a scheduled hearing or other official matter, it may be better to appear and move to remove your claim. If the claim is still in the review process and you are satisfied with the result, you can (and should) withdraw the claim.

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