How to File a Workers Compensation Claim in Colorado

• After a workplace injury, you have ten days to notify your employer in writing.

• Your employer should report your injury to the Division of Workers' Compensation, but you can make the report yourself if necessary.

• Injured workers can receive either temporary or permanent disability benefits that pay two-thirds of their average weekly wage.

A workplace injury causes more than just emotional distress. In addition to physical pain, you need to deal with the Colorado workers' compensation system to ensure that you can continue to support your family while you recover. Filing a workers' compensation claim can be overwhelming. An experienced workers' comp lawyer can guide you through the process to ensure you get both the compensation and the medical care you deserve.

Initial Steps: Reporting Your Injury and Seeking Care

The first step in filing a workers' compensation claim in Denver or elsewhere in Colorado is telling your employer about your injury. Injured workers have 10 days from the date of the injury to notify their employer in writing. Missing this deadline can delay or deny your claim entirely. If your injury is serious, seek emergency medical care right away, and contact your employer once your condition has been stabilized. However, your employer generally has the right to choose a designated healthcare provider. If your injury does not require immediate treatment, talk to your employer first and see the healthcare provider they choose for your initial care.

The Formal Filing Process and Employer Obligations

After making your initial report to your employer, the next step is to file the formal workers' compensation claim. After you submit your written notification, your employer is required to notify its workers' compensation insurance company. The insurance company then reports your injury to the Colorado Division of Workers' Compensation. The injured worker also has the option to report their injury directly to the Division of Workers' Compensation. This can be an important way to protect your rights if your employer fails to follow proper procedure.

Navigating Claim Approval and Benefit Payments

After you submit your claim, the insurance company has 20 days to respond with either a General Admission of Liability or Notice of Contest. A General Admission means that your claim was accepted and you are approved for workers' compensation benefits. A Notice of Contest is a denial of your claim. If you receive a Notice of Contest, you can request a hearing to challenge the decision.

When injured at work in Colorado, if your claim is approved, you qualify for benefits, which are designed to ease the financial burdens of the incident. As long as you see a designated medical provider, all of your care will be covered. You'll also receive temporary or permanent disability benefits based on your lost wages while you are unable to work. Temporary Total Disability benefits are two-thirds of your wages while you're unable to work. If you are permanently disabled and unable to return to work at all, you can continue to receive Permanent Total Disability benefits, which are also two-thirds of your average wages, until you reach the typical retirement age. If you are limited to working fewer hours or in a lower-paying position because of your injury, you can receive partial disability benefits based on the difference between your lower wage and your previous wage.

Contact a Denver Workers’ Comp Attorney for a Consultation

Understanding how to file for workers' comp in Colorado is essential for getting the benefits you deserve. However, the process is complicated, and missing a single deadline can result in your claim being denied. A workers' compensation attorney can ensure that your claim is done properly. If you were injured at work in the Denver area, contact Castaneda Law for a professional case evaluation now.

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