Colorado
Workers' Compensation Claims
Tips and General Information Resource
Page |
A few words to the injured worker: As a
Colorado lawyer handling workers' compensation injuries and benefits please feel free to
click and explore this entire web site. You should start with my Home Page. It's a great place to start and will help you
find the right place to go for everything you need!
Now let's get down to providing you with some basic and helpful tips:
First, go to http://www.coworkforce.com/DWC/
There you can review the frequently asked questions many claimants have. Colorado
does have answers for you. For a pamphlet which details even more information, call
the Colorado Division of Workers' Compensation at
(303) 575-8700.
You can also pick up a copy of this same information simply by dropping by our offices and
asking for the free pamphlet. Need to know our location??
Click Here
Next, check out the Colorado Division of
Administrative Hearings web page www.colorado.gov/dpa/doah/. This
location can provide you with helpful information too! There's even more material
there for you should you decide you are going to represent yourself. It's called
"pro se" and it's not recommended. At least consult with an attorney
to see what is the extent of your claim. That's always free (if it isn't, forget
that attorney!). Many people think they have a minor injury or claim or they delay
filing a claim and figure nothing can be done about it. Do not make such a decision
without consulting with an attorney! Even a minor injury may result in high stress
or a serious claim or several claims!
Here are a few more helpful tips:
Never
rely on the accuracy of the information provided to you by the insurer or your
employer. Maybe it's okay, but often their interest is not the same as your
interest.
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, by all means, 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 say 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! Check with the Division of Workers' Compensation or your
lawyer for more information.
File
your claim in writing, the sooner, the better! When in doubt, go ahead and file your
claim. Insurance companies can legitimately question whether you were hurt on the
job if you delay filing your claim. However, even if there is a delay, go ahead and
file--you may lose some benefits, but not all.
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 care, to guide
you, to prevent trouble, and to assist you. You know the old saying--an ounce of
prevention is worth a pound of cure. The point is, if you use an attorney, he will
be paid from your proceeds. You want those proceeds to be as high as legally
possible. So does he--so give him enough time to do this.
There
are four basic benefits in any work injury situation. These are:
1. Medical benefits
2. Temporary or wage loss benefits
3. A scar or disfigurement benefit
4. A permanent impairment disability benefit
Each benefit should be reviewed by you or your attorney to determine if you are receiving
your legal entitlement. If you don't have a lawyer, call the Colorado Division of
Workers' Compensation at (303) 575-8700.
Unless
you are 100% completely satisfied with the outcome of your claim always
file, with the Division of Workers' Compensation, an objection to any document sent to you
by the insurance with which you disagree. Especially object to something called a
Final Admission of Liability. This document is an effort to close out your claim.
It may even close out all further medical benefits. Again, if you have any
uncertainty whatsoever, call the Division of Workers' Compensation or a lawyer.
Always, Always consult with a lawyer experienced in
this field. It is free and it will really assist you. I know many people
think of lawyers as they do dentists--a painful experience. However, it could
be a good deal more painful to your health, and your wallet, not to consult with a lawyer
whenever you are hurt! In workers' compensation, your lawyer is on your side, he is not
the enemy. His task is to maximize your benefits. That's good for
you and it's good for him. You don't have to stick with a lawyer you don't like.
It is your right to find a lawyer you are comfortable with. Remember, Abraham
Lincoln was a lawyer and a very good one too! A workers' compensation claim can be a
very trying experience. Medical care, financial troubles, and employment worries are
just part of the story for many people. So please, please, get with a lawyer!
Want
to know more about the law and lawyers? Check out this web site for the
Colorado Bar Association (it's really a very good site with links to statutes and
recent cases): www.cobar.org
Here
are a few other sites regarding Workers' Compensation that pertain to injured workers:
www.medakate.org
www.workerscompensation.com
