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Colorado Workers' Compensation Questions & Answers

1 Answer | Asked in Workers' Compensation for Colorado on

Q: I had a previous lumbar fusion that was not workmans comp. but now I hurt my lower back at work.

Would it be covered under workmans comp. now or can it be denied under a previous condition.

Julie Swanberg answered on May 2, 2019

This new injury is a new worker's compensation claim against your current employer. You need to file a Worker's Claim for Compensation form (your HR person has it) ASAP and advised whomever you're supposed to tell about this new injury. The old injury/fusion may come into play later, but I... Read more »

1 Answer | Asked in Workers' Compensation for Colorado on

Q: I am entitled to temporary partial disability?

Thank you Julie,

I am not working less hours. I was working as an auto technician and tore my rotator cuff. My restrictions are that I can not use that arm. I am awaiting surgery that is supposed to be scheduled. My employer is using me in a different position so that I do not have to... Read more »

Julie Swanberg answered on Oct 22, 2018

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.

1 Answer | Asked in Workers' Compensation for Colorado on

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

I was injured on October 1st and went to the workers comp doctor. I did not miss any work, but was put on modified duty. A claim was filed with my employers insurance and they have been paying medical. I have not received an admission of liability or denial. Should I have received this? My... Read more »

Julie Swanberg answered on Oct 22, 2018

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,... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Colorado on

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

I would like to record my doctor visit, However I fear that if I tell the doctor I am recording he will change his tone and not show how he has been truly treating and talking to me. If I record the visit without notifying the doctor can I use it in court or do I have to notify the dr? My state is... Read more »

Peter N. Munsing answered on Jul 25, 2018

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.

1 Answer | Asked in Workers' Compensation for Colorado on

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

I injured my arm on Jan 8 1028. After 2 months of no improvement they finally did an MRI and found that I tore my extensor tendon and pulled it away from the bone. I saw the surgeon a week ago and he STILL has not even submitted the paperwork for surgery. Meanwhile I have continued to be in... Read more »

Julie Swanberg answered on Mar 23, 2018

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... Read more »

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Colorado on

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

Stated it must be from a previous injury I had before current employment even though previous injury doctor has released me from treatment and this new injury is not related to the previous one. Should I call an attorney?

Julie Swanberg answered on Jan 8, 2018

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... Read more »

1 Answer | Asked in Workers' Compensation for Colorado on

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

don't want to pay my benefits. Is this legal?

Julie Swanberg answered on Jan 2, 2018

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... Read more »

1 Answer | Asked in Workers' Compensation for Colorado on

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

Was injured 8/9/17. Taken off work 9/26/17. Ins. Co admitted liability with breakdown of weekly pay and everything for TTD, but hasn't sent check. Adjuster keeps making excuses about where my checks are. It's 11/9/17 and I've gotten nothing! What can I do? I hired a lawyer, but so far he's... Read more »

Julie Swanberg answered on Nov 14, 2017

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.

2 Answers | Asked in Workers' Compensation for Colorado on

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

Tristan Kenyon Schultz answered on Nov 10, 2017

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...
Read more »

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1 Answer | Asked in Workers' Compensation for Colorado on

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

Hello. I had an accedent in July which happened at my work place. I'm a bartender. I had a left hand laceration and needed to go to emergency immediately. After First Aid help I was transported to a hospital where I received a surgery. My doctor was absolutely defined that I should not do anything... Read more »

Tristan Kenyon Schultz answered on Sep 5, 2017

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... Read more »

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

I had surgery on my shoulder recently do to the work related injury I was let go or forced to quite plus did not get any compensation for it

Tristan Kenyon Schultz answered on Aug 30, 2017

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... Read more »

1 Answer | Asked in Workers' Compensation for Colorado on

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?

I've had a work site evaluation, Therapy, EMG (need surgergy both hands), and IME. My claim has been denied, what is my next step?

Tristan Kenyon Schultz answered on Aug 29, 2017

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... Read more »

1 Answer | Asked in Workers' Compensation for Colorado on

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

Paul Tenorio answered on May 5, 2017

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.

1 Answer | Asked in Workers' Compensation for Colorado on

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

How do I apply for a 1 time review of my case

Tristan Kenyon Schultz answered on Apr 21, 2017

Review the CO Dept. of Labor website and/or contact a worker's compensation attorney for specifics about a review of your case.

1 Answer | Asked in Workers' Compensation for Colorado on

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

Scared with all the attorneys notices I'm receiving.. I have questions but not finding the help I need without representation. I'm not suing just want employer to pay for repair. Or am I really suing?

Tristan Kenyon Schultz answered on Apr 7, 2017

Repeat question. See prior answer.

1 Answer | Asked in Workers' Compensation for Colorado on

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

Scared with all the attorneys notices I'm receiving.. I have questions but not finding the help I need without representation. I'm not suing just want employer to pay for repair. Or am I really suing?

Tristan Kenyon Schultz answered on Apr 7, 2017

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... Read more »

1 Answer | Asked in Workers' Compensation and Employment Law for Colorado on

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

Boarding is often the most stressful and complicated part of the job. During boarding they are pressured to get flight out on time, if they fail to do this they can get written up. They have do a beverage service for first class, and do safety and security checks. They have to help passengers with... Read more »

Tristan Kenyon Schultz answered on Mar 30, 2017

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... Read more »

1 Answer | Asked in Workers' Compensation for Colorado on

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

I got hurt at work back in 2012 and they told me they weren't going to file it with workers comp. I had to pay for medical bills and everything out of pocket. I also lost a month of work due to the injury and healing. I wasn't able to afford the proper medical treatment for it so I still have... Read more »

Tristan Kenyon Schultz answered on Mar 17, 2017

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... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Colorado on

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?

I've worked for this company for one month now at $20hr and I've never been able to take a lunch break. But they take 30 minutes every 5 hours I work

Tristan Kenyon Schultz answered on Mar 15, 2017

You will need to discuss this with an employment attorney privately.

1 Answer | Asked in Workers' Compensation for Colorado on

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

Tristan Kenyon Schultz answered on Mar 14, 2017

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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