What Happens if My Colorado Workers’ Compensation Claim is Denied?

 Posted on November 17, 2020 in Workplace Injury

Colorado employers are required by law to have workers’ compensation insurance, which covers medical expenses and lost wages for employees who are injured on the job. However, not every employee who files a workers’ comp claim receives the compensation they are requesting. If you have suffered a work-related injury and your claim is denied, an attorney can help you take the steps to dispute the outcome and get the compensation you need and deserve.

Why Was My Workers’ Compensation Claim Denied?

A claim for workers’ compensation can be denied for a few different reasons, some of which include:

• A delay in reporting or filing: Colorado law requires employees who are injured at work to notify their employer in writing within four days of the injury, and to file a workers’ compensation claim within two years of the injury. If you have missed either of these deadlines, your claim may be denied.

• A lack of evidence that the injury was work-related: If your employer or their insurance provider feels that you do not have enough evidence to demonstrate that your injury or condition developed during or as a result of your work, they may argue that they are not responsible for providing compensation.

• A lack of evidence of treatment: If you have not made an effort to seek medical treatment for your injury, your claim for workers’ compensation can be denied. Your employer may also deny part of your claim if there is insufficient evidence of the extent of the damages you have incurred.

How to Dispute a Denied Claim

If your claim is initially denied, hiring an attorney often gives you the best chance of responding to that denial in a way that helps you change the decision and achieve an appropriate outcome. Often, this means filing an Application for Hearing with the Office of Administrative Courts. At a formal hearing, you and your employer will both have the opportunity to present evidence to an administrative judge, who will then issue a decision on your claim. Before your hearing, you can also request a prehearing conference during which evidence can be exchanged before the formal hearing or a settlement conference at which you and your employer may be able to reach an agreement.

Contact a Fort Collins Workers’ Compensation Attorney

At Hoggatt Injury Law, we are committed to helping our clients obtain fair compensation for work-related injuries. We can help you file your initial claim to ensure you are following the correct process and that you provide as much evidence as possible. In the event that your claim is denied, we will also advise and represent you throughout a settlement or hearing. Contact our knowledgeable Larimer County workers’ compensation lawyers at 970-225-2190 to schedule a free consultation.

Sources:

https://cdle.colorado.gov/sites/cdle/files/WC_ACT_2020_linked_0.pdf

https://cdle.colorado.gov/sites/cdle/files/Important_Claims_Timelines.png

https://cdle.colorado.gov/injured-workers/resolve-or-reopen-your-claim