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Colorado Workers' Compensation Questions & Answers
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... Read more »

Tristan Kenyon Schultz
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
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
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.

1 Answer | Asked in Workers' Compensation for Colorado on
Q: How much of a settlement should I get from a hip injury that is healed but still bugs me on a daily basis?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 28, 2017

Repeat question. See prior answer.

1 Answer | Asked in Workers' Compensation for Colorado on
Q: I have been on workers comp for a year and and five months now. Have had two surgery's workers comp wants me to fill out

A consent for release paper for a fact query what exactly is this.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 9, 2017

This should be a request for a limited or full release of your medical records. Presumably this request is to determine whether the medical treatment was related to the claimed injury and/or see if there were any potential outside cases (beyond work related injury). The request may be a route check... Read more »

1 Answer | Asked in Workers' Compensation for Colorado on
Q: Confused about NOC - notice of contest
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 30, 2017

Notice of Contest allow an employer to challenge an OSHA and/or workers' compensation ruling of a workplace violation (usually safety related). The notice is required for all violations (i.e. minor and very serious violations). It should be sent around 20 days of a claim and should both state... Read more »

1 Answer | Asked in Copyright, Workers' Compensation, Business Law and Internet Law for Colorado on
Q: I live in the state of CO, and person 2 lives in CA. Person 2 is 15 years old. Is it illegal to commission art from him?

I want to pay this young artist for work for video production (logos, etc.) because they are incredibly good. He turns 16 in January, but in order to protect myself I'm just curious if it would be legal to pay him commission as agreed on both sides for the artwork. His parents are okay with it... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 9, 2017

There is nothing illegal with employing a minor provided that the employment stays within the limits of state labor laws (mostly related to hours working and ending at a certain time in the evening). If you are commissioning artwork it is likely that this employment does not run afoul with any... Read more »

1 Answer | Asked in Workers' Compensation for Colorado on
Q: Chem burns to both arms,2and 3rd degree with very visable scaring, no impairment of function, cleared max recovery from

Doc. Spent 1 day in Burn ICU..A few days off from work... What is a reasonable amount for compensation....

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 5, 2016

Contact a personal injury lawyer. A lawyer (and likely a hired expert) will need to evaluate the extent of the damages and possible compensation. There is no fixed amount of an award in a civil lawsuit, but workperson's compensation has complex tables that list awards for specific types of... Read more »

1 Answer | Asked in Employment Law, Collections and Workers' Compensation for Colorado on
Q: I was hurt on the job back in 2012. The court ordered my employer to pay but didn't. Now my paychecks are garnished.

How do I get this stopped. And paid back. Because of this I haven't been able to feed my family

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 14, 2016

I do not understand how you, as the injured party, have your wages garnished... If the garnishment occurred due to unrelated matters, the best advice is to contact an attorney you can handle both the garnishment and the unpaid disability pay.

1 Answer | Asked in Employment Law and Workers' Compensation for Colorado on
Q: Got hurt at 2nd job. With my restrictions I can't work at my primary employment. Can I get compensated for that lost.
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 25, 2016

As a general rule, an injury that prevents you from working qualifies for workperson compensation. This compensation is not typically based on the number of jobs (or relative income from these jobs), but on the injury itself. There are some exceptions. The alternate route is a civil claim (usually... Read more »

1 Answer | Asked in Workers' Compensation for Colorado on
Q: I am on WC an recieved call for better paying job with less work, can I quit to go to other job. Dr said it was a sprain

It was in my right (dominate ) forearm. I wore a brace from 1/25/16 -1/8/16 Which was hurting more. Now with out it my arm/Wrist feeling better. I have been put on light duty with a pay cut. Would it be better to go part time or PRN at current job if I have the option and take the new job.

Adam Studnicki
Adam Studnicki
answered on Feb 16, 2016

Talk to a local workers' compensation lawyer to determine best course of action based on your specific situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not...
Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Colorado on
Q: I had a head injury that has kept me from working. My short term disability says there is no medical to support my claim

My injury was back in August. Unfortunately im still a mess. We recently found the head injury has caused major problems with my vision. Resulting in my doctors insisting I not drive at all. Im concerned because my case manager warned me I only get one appeal, and even though all 5 of my doctors... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 2, 2016

The usual practice is to have an initial decision and then seek an appeal if you disagree with the decision. If both the decision and appeal are unfavorable, then you file suit (i.e. judicial review). It seems strange that your claim states there is no medical support if you have five doctors... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Colorado on
Q: Hi, Employment Law, Workers Compensation

Employee slipped on parking lot outside working premises while getting ready to come in for work. Filed Workers Compensation, they accepted stating that in Colorado even if it didn't happen inside the premises it's still workers comp. That happened in November. Insurance asked us to take... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 26, 2016

There are a lot of variables here, so I recommend that you/employer retain an attorney for advice along the way. This will be a process, but you will be able to correct any problems with a bad employee. First, there is no strict limit when an employee can be terminated (but the closer a termination... Read more »

1 Answer | Asked in Workers' Compensation for Colorado on
Q: I got a letter stating "entry of appearance" does this mean I'm being sued? I've never been in any kind of trouble.

It is from my workmans comp insurance.. I missed an appointment but I have been in regular contact with them throughout everything. I had a mandatory appointment today that I DID attend. All workmans comp checks I received I had permission from my representative to cash them. I returned to light... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 21, 2015

Repeat question, see my prior answer.

1 Answer | Asked in Workers' Compensation for Colorado on
Q: I got a paper stating "letter of appearance" does this mean I'm being sued? I've never been in any kind of trouble..

It is from my workmans comp insurance.. I missed an appointment but I have been in regular contact with them throughout everything. I had a mandatory appointment today that I DID attend. All workmans comp checks I received I had permission from my representative to cash them. I returned to light... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 19, 2015

Without looking at the letter I cannot say for certain, but I think that this is only a formal sounding letter from the insurance company to encourage you to attend the next meeting (which I highly recommend that you attend). It does not sound like this is a court summons, but if you miss another... Read more »

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