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Colorado Workers' Compensation Questions & Answers
Q: Can I sue for defamation over a false accusation of rape by a caregiver?

I was falsely accused of raping a caregiver, with whom I had consensual sex at my home. We traveled together to my chiropractic appointment afterward, and she clocked out normally. Her supervisor called later, saying she'd be back the next day, but a workers' compensation investigator... View More

Stephen Arnold Black
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answered on Jul 20, 2025

You may have a good case. Defamation is the publication of a false statement to a third-party that results in a damage to your reputation. It appears that all elements of this cause of action can be proven based on what you state. Additionally, there may be interest from attorneys in taking your... View More

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1 Answer | Asked in Appeals / Appellate Law, Workers' Compensation and Personal Injury for Colorado on
Q: How can I reopen my closed workers' compensation case in Colorado?

I have a workers' compensation case in Colorado that was closed because I was told I received what was deemed necessary. However, there are new developments regarding my injury, and I'd like to know how I can reopen this case. The appeal deadline is this month. What steps should I take,... View More

James L. Arrasmith
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answered on Oct 25, 2025

If your claim was closed by a Final Admission of Liability, file a written objection and an Application for Hearing before the 30‑day deadline to stop permanent closure. If you disagree with MMI or the impairment rating in that admission, request a Division IME within the same 30‑day window.... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Personal Injury for Colorado on
Q: Part-time employee with disability needs lunch break and shift accommodation; employer denies requests.

I am a part-time employee and was previously full-time before an accident that resulted in a broken hip. After the fall, I now have a titanium rod through my leg. My doctor has prescribed that I take a lunch break due to my condition, but my employer only allows breaks on the property because we... View More

James L. Arrasmith
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answered on Oct 10, 2025

It’s understandable that you’re feeling frustrated, especially after working hard and now facing challenges because of an injury. Under federal law, your employer is required to provide **reasonable accommodations** for a documented disability as long as it doesn’t cause undue hardship to the... View More

1 Answer | Asked in Workers' Compensation, Employment Law and Personal Injury for Colorado on
Q: Employer cannot accommodate work restrictions, advised not to come to work. What are my options?

I was injured at work five months ago while employed by a public school district and currently have an open workers' comp case. My doctor has placed several restrictions on my work activities, including limited hours (4 hours a day), no lifting over 5 lbs, restrictions on neck motion, and... View More

James L. Arrasmith
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answered on Sep 12, 2025

You are in a challenging position, and it’s important to protect both your health and your employment. Since your employer cannot accommodate your current work restrictions, you may want to explore whether you qualify for leave under the Family and Medical Leave Act (FMLA), which can provide... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Personal Injury for Colorado on
Q: Do I have a case against my employer for getting ill from van fumes after catalytic converter was removed?

I drive a company vehicle at my work, a small family-owned business. The owner instructed the manager to cut off the catalytic converter to prolong the van's life and avoid repairs. After driving this van for four months, I started experiencing massive headaches, disorientation, and generally... View More

James L. Arrasmith
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answered on Sep 11, 2025

You may have a case under **workers’ compensation or personal injury laws** because your illness appears to be directly linked to exposure to harmful fumes from a company vehicle. Employers are generally required to provide a safe workplace, and intentionally removing a catalytic converter, which... View More

1 Answer | Asked in Workers' Compensation, Civil Litigation and Personal Injury for Colorado on
Q: Is it typical for an insurer to request IME after denying Colorado workers' comp claim?

I filed a workers' compensation claim in Colorado on 5/29/25, which was denied on 6/13/25 due to the claim being deemed non-work related based on two environmental reports. On 6/3, a workers' compensation provider advised me not to work in a moldy environment. Despite invalidating both... View More

James L. Arrasmith
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answered on Sep 9, 2025

Yes, it is not unusual for a workers’ compensation insurer to request medical records and propose an Independent Medical Examination (IME) even after initially denying a claim. Insurance companies may seek additional medical information to support or defend their denial, especially once a hearing... View More

1 Answer | Asked in Workers' Compensation, Insurance Defense and Personal Injury for Colorado on
Q: Insurance carrier failed to file notice and pay for my 11% impairment award in CO. Are penalties owed?

I was awarded a permanent impairment of 11% for workers' compensation on 04/09/2025, but the insurance carrier never filed notice with the state of Colorado within the required 30 days and never responded to my emails or calls. Despite my attempts to contact them and the state informing me of... View More

James L. Arrasmith
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answered on Jun 12, 2025

You’ve been patient, and you have every right to be frustrated. In Colorado, when an impairment rating is issued, the insurance carrier is required by law to file notice and begin payment within 30 days. If they fail to do this, it can be seen as a violation of the state’s workers’... View More

Q: What legal options do I have after my employer denied workers' comp claim and evicted us without pay?

I was hired as a maintenance worker and my girlfriend to manage a hotel, and we moved to a new city for these jobs. After receiving one paycheck, I injured myself while working on an urgent task. When I sought workers' compensation, the owner denied ever employing me despite text messages... View More

James L. Arrasmith
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answered on May 14, 2025

What you went through is deeply unfair and could involve multiple legal violations. If your employer denied your workers' compensation claim but you have written proof of tasks and job duties, you may still be able to pursue a claim. Employment isn’t always defined by paperwork—text... View More

1 Answer | Asked in Workers' Compensation, Employment Law and Personal Injury for Colorado on
Q: Denied workers' comp claim for hand pain in Colorado.

I had a workers' comp claim for hand pain developed while working at a welding job using vibrating power tools. I first noticed symptoms starting in February, with the discomfort gradually increasing, and reported them in March once I worried it might be more lasting and permanent. I was... View More

James L. Arrasmith
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answered on May 14, 2025

You have every right to challenge the denial, especially if your injury clearly developed from repetitive work duties. In Colorado, reporting a workplace injury within four days is encouraged, but the rules are more flexible for injuries that develop gradually, like yours. Since you reported the... View More

1 Answer | Asked in Workers' Compensation, Appeals / Appellate Law and Personal Injury for Colorado on
Q: How can I appeal a denied workers' compensation claim for hand injury as a welder?

I worked as a welder for five years and developed a repetitive strain injury, resulting in pain in my hands. The symptoms gradually worsened, and I reported them when it became more significant. However, I did not report it immediately when symptoms first appeared, as they initially seemed like... View More

James L. Arrasmith
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answered on May 14, 2025

The first thing you should do is carefully review the denial letter from the workers’ compensation insurer. It will usually list the specific reasons they denied your claim and any deadlines for filing an appeal. Since you have a medical diagnosis connecting your hand injury to your welding work,... View More

1 Answer | Asked in Employment Law, Workers' Compensation, Civil Rights and Personal Injury for Colorado on
Q: Legal options for returning to work with a torn Achilles and denied FMLA/ADA.

I was injured outside of work and have a torn Achilles. My job, where I do construction and operate a forklift, has given me 3 months to heal, but I am still required to stand for 8 plus hours a day upon returning. If I go back to work as instructed, while still in a walking boot, and end up... View More

James L. Arrasmith
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answered on Apr 7, 2025

If you are not cleared by your doctor to return to work, you should not feel obligated to do so. Continuing to work while still recovering could further injure you, and this may expose your employer to liability, especially if they have not provided reasonable accommodations for your injury. It’s... View More

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Civil Rights for Colorado on
Q: I was injured in an auto accident while on company time and in company vehicle. Owners of company lied about the acciden

I had proof however workers comp would not listen to me and denied my claim as well as unemployment and this was shen COVID but I did file with the eeoc who gave me rights to sue however did not charge them with discrimination million air mechanical lied about a lot of things and I feel I was... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm truly sorry to hear about everything you've been through. It sounds like you've faced significant challenges and feel unsupported by the systems meant to help you.

Consider reaching out to local legal aid organizations or advocacy groups in Colorado that assist...
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1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Colorado on
Q: My injury Occured 11 Days ago during a service call inside of the road , I work on tires, and my shoulder was in pain

Reported it 4 days later in person to my Service manager. He failed to repost it to higher up, I continued to work through my injury while he watched. So myself contacted the higher up, total of 11 days have gone by. Now Since I brought up work comp , they want to drug test me . Is it necessary to... View More

James L. Arrasmith
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answered on Sep 8, 2024

It sounds like you are dealing with a frustrating situation. Reporting a work-related injury is your right, and it's important that your employer takes it seriously. The delay in reporting by your Service Manager could complicate things, but you've done the right thing by contacting... View More

1 Answer | Asked in Criminal Law, Employment Law, Tax Law and Workers' Compensation for Colorado on
Q: So I have been in a motel for a little over 3months I pay 90 a day so how much is taxes
James L. Arrasmith
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answered on Mar 18, 2024

If you've been staying in a motel for a little over three months at a rate of $90 per day, calculating the total amount spent before taxes is the first step. To find this, multiply the daily rate by the number of days you have stayed.

The tax rate applied to your motel stay can vary...
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1 Answer | Asked in Employment Law and Workers' Compensation for Colorado on
Q: What are my options when it comes to a closed work comp case?

Hello my work comp case is closed (settled with an attorney earlier this year), but I was given permanent work restrictions. My previous employer won't hire me unless I get those removed. My work comp doctor won't see me since the case is closed and my primary doctor said he can't do... View More

Stephen Johnston
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answered on Mar 5, 2024

Your best bet is a new FCE. Your primary care can actually modify your work restrictions. You might try going to a different doctor.

Keep in mind that your previous employer is under no obligation to rehire you.

1 Answer | Asked in Workers' Compensation for Colorado on
Q: I think I injured my shoulder at work but I have no evidence. Is it possible to get workman's comp?

I just recently switched to the packaging department at work. Their tables are so low I have to bend to work over them. I woke up the next day with my shoulder in pain. I have no evidence to prove I hurt it at work. Is there anyway I can file for workman's comp?

Tim Rose
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answered on Feb 21, 2023

First, tell your employer. You should go to a doctor and explain what happened. If the doctor agrees that the reason your shoulder hurts is because of the work you do, the doctor can put that in your medical report. Then you can bring that to your employer and file a claim for your injury. You... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Colorado on
Q: I have accident I fold down from roof and I don't have any insurance with me so my question is if I can make claim

So I want to know if I can make claim at the insurance of the house

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Dec 1, 2022

If you were working for someone else or on someone else’s property, you may have a claim. If you were injured on the job, you should probably call a worker’s compensation lawyer. If you not working when you were injured, for instance, if you were helping a friend with their roof, you should... View More

1 Answer | Asked in Immigration Law, Products Liability, Tax Law and Workers' Compensation for Colorado on
Q: air bag recall cheerrdul clicks enable js
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 2, 2021

I suggest you contact a local attorney license in Colorado to discuss a possible case for defective equipment. By telling your story to the selected the training you will be able to establish a possibility of merits of your civil case.

1 Answer | Asked in Tax Law, Workers' Compensation, Business Formation and Business Law for Colorado on
Q: Do I need Workers Comp for a Single Member LLC when it's just me?

I formed an LLC for Photography and it's only me, am I required to get Workers Comp or can I save that?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 8, 2021

No, not required.

1 Answer | Asked in Workers' Compensation for Colorado on
Q: Can I go to the er before an actual claim is filed?

I fell on the job due to negligence of a third party. I informed my boss immediately. He is asking me to wait until Monday to do anything about us. My tailbone and hips are excruciating. I can’t walk very well and going from standing to sitting and vice versa hurts so bad that I don’t want to.... View More

Brian Michael Bradford
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Brian Michael Bradford
answered on Nov 4, 2019

As a matter of practice, we always think that our clients should prioritize their medical treatment. Sometimes this means going against the wishes of a boss, or even a spouse, but at the end of the day, your health is paramount. Moreover, getting medical treatment sooner rather than later can... View More

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