All public and private employers in Colorado, with limited exceptions, must provide workers' compensation insurance for their employees if one or more full or part-time persons are employed. A person hired to perform services for pay is presumed by law to be an employee. This includes all persons elected or appointed to public office and all persons hired by private employers. There are a few exemptions to this definition.

If you experience a life or limb threatening injury on the job, seek immediate medical attention at the nearest emergency room and then notify your supervisor in writing. A life or limb threatening injury means an injury that you believe threatens a portion of your body or your life in such a way that immediate medical care is needed to prevent your death or serious damage.

In all other instances, notify your employer or supervisor that you have been injured before obtaining any medical care. All injuries, no matter how small, should be reported to your employer.

If your employer has designated a medical provider before or at the time of the injury, you will be required to see that provider for medical care. If you choose to seek your own medical care it may result in nonpayment of medical benefits and you may be liable for your medical costs. If your employer does not direct you to a medical provider, you may seek treatment from the provider of your choice.

Colorado Workers’ Compensation Benefits
Colorado law provides four basic workers’ compensation benefits to all employees injured on-the-job. These are:

1. Medical benefits
2. Temporary wage loss benefits
3. Permanent impairment disability benefits
4. Disfigurement/scarring benefits

By law, you must notify your employer in writing within four working days of an injury, even if you have advised them verbally. If you do not report your injury to your employer in writing within four working days, you may be penalized and lose up to one day's compensation for each day's delay, provided that your employer has posted a sign requiring four days' written notice. You may still file a claim for benefits even if you are late reporting the injury to your employer.

The insurance company has not responded or has denied my claim. What are my options?

The insurance company may deny your claim for a variety of reasons. Sometimes a claim is denied because the insurance adjuster does not have complete and accurate information. An insurance company may also deny a claim if the adjuster has reason to believe that the injury is not work related or if it is believed that further investigation is necessary.

If the workers' compensation insurance company denies your claim, you may be responsible for all medical bills associated with the illness or injury. If you feel your claim has been incorrectly denied, you should contact an experienced workers’ compensation attorney immediately. There are many rules and deadlines in the workers’ compensation laws that may potentially damage your ability to obtain benefits if you wait too long.

Can I choose my own doctor for an on-the-job injury?

Your employer has the right, in the first instance, to designate the medical provider that injured employees must use. If your employer does not do so at the time of the injury, you may choose your own medical provider.

After the claim is filed, the insurance company may request that you be examined by another doctor of its choice, at its expense. If you do not go to this examination, the insurance company may ask the Colorado Division of Worker’s Compensation for permission to stop your benefits.

Considerations in all Workers’ Compensation Claims

• File your claim in writing, the sooner, the better.
  
  
• Never rely on the accuracy of the information provided to you by the insurance company or your employer. The information may be okay, but often their interests are not the same as yours.
  
  
• Always double check the wage they say you were earning when you were injured. This appears on paperwork you are sent in most cases. Your benefits are based, to an extent, on your average weekly wage. This means overtime counts. Disputes are common here but generally the higher your wage the higher your benefits.
  
  
• Always tell your authorized doctor all that is wrong with you. If you hurt your neck and arm, mention both areas of injury every time you see him. If you're having stress or trouble coping with your injury, or if you are depressed, tell the doctor. This may be covered by workers' compensation benefits.
  
  
• Do not accept the company doctor as the final word on matters without at least considering it carefully. It is sad, but true, that some company selected doctors will say that you are fully recovered and release you without restrictions or any impairment. Often that is not the case. You have a right to disagree and to do something about it.

Time Limits on Filing Suit
Every case has a statute of limitations that will apply. It varies by the type of case and the state where the case is filed. Don't wait until there is trouble or until the end of your case to get a lawyer. Your attorney would prefer to be involved every step of the way, to monitor your case, to guide you, to prevent trouble, and to assist you.

Irwin & Boesen is very experienced in the area of workers’ compensation law. Please contact us for an honest and fair evaluation of your case.