Colorado Workers' Compensation FAQs

Workers Comp Lawyers Serving Boulder, Larimer and Weld Counties

How should I go about reporting a work-related accident?

As soon as you are injured, file a written report of injury with your employer right away. Ideally, you should report the injury immediately or within four days of it happening, but technically you can report beyond the fourth day. However, the longer you wait to report your injury, the more likely your claim will be denied. Always report an injury in writing and keep a copy of the written notice for your records. Go to a doctor right away, and report the injury as being work-related. The longer you wait to go to a doctor, the more likely your claim will be denied. Make sure you tell the doctor about each and every body part which you injured at work. Upon receiving your notice of injury, your employer should notify its workers' compensation carrier and, in some circumstances, the Division of Worker's Compensation. If your employer does not report the injury to the Division of Workers' Compensation, you can file a "Worker's Claim for Compensation" with the Division.

If I have been injured and my employer is treating me unfairly, or I am unable to perform my duties. Should I quit my job?

DO NOT QUIT YOUR JOB!!!!! By resigning from your position, you may be giving up many of your legal rights. Contact our Fort Collins workers' comp lawyer at Hoggatt Law Office, P.C. to confidentially discuss your situation before taking any action.

If I have been injured on the job due to another person's actions, do I have a right to file a lawsuit against that person or my employer?

Typically, you cannot sue your employer for negligence. Your option is to file a workers' compensation claim. However, if a person or company other than your employer was responsible for your injuries, you might be able to file a lawsuit against them. For example, if you are on the job, and while driving a vehicle, you are involved in a motor vehicle accident, you may be able to sue the other driver if they were at fault for the accident. You could also sue the manufacturer of a product that caused you to become injured.

Do I have a right to see the doctor of my choice?

Once you report your injury to your employer, the employer must give you a choice between four separate medical facilities. Within the first 90 days of your injury, you can switch between these four medical facilities one time by completing the appropriate form. If your employer does not direct you to a particular doctor or medical facility within a reasonable time of receiving notice of your injury, you can choose your own doctor or medical facility. If your employer is unavailable to designate a physician, and you require emergency medical treatment, go to the nearest emergency room. Once your employer or you have chosen the first physician or medical facility, that provider becomes an "authorized treating physician" who can make referrals to other physicians and medical professionals such as surgeons, specialists, physical therapists, chiropractors, massage therapists, acupuncturists, etc. If you are dissatisfied with the care you are receiving, contact Hoggatt Law Office, P.C. immediately so that we can assist you in obtaining care with a physician who has your best interests at heart.

Can I contest the impairment rating?

Yes. In fact, all impairment ratings should be carefully scrutinized by an attorney. The impairment rating is primary in determining the level of compensation an injured worker receives beyond actual loss of wages. However, injured workers should always consult an attorney when contesting an impairment rating, because any mistake in the process of contesting is likely to result in the permanent closure of a workers' compensation claim. contact Hoggatt Law Office, P.C. immediately upon discovering that an impairment rating is pending or has been assigned, because there are deadlines that must be complied with to keep your claim active.

Can I obtain medical treatment in the future?

In most circumstances, an injured worker is entitled to future medical care as long as an authorized physician recommends "reasonable, necessary, and work-related" maintenance care. However, if certain legal processes are not carried out, your right to future medical treatment may be permanently prohibited. contact Hoggatt Law Office, P.C. immediately in order to preserve your right to future medical care.

If one of my family members dies while at work, can I receive compensation to replace my loved one's earnings?

Certain surviving family members and other dependents may be entitled to the lost wages of a deceased worker. The key to obtaining dependent's benefits is to establish that the deceased worker financially supported a surviving family member. Certain surviving family members are presumed to be entitled to dependent's benefits (i.e. a surviving spouse, minor children, and adopted minor children). However, even surviving parents, siblings, grandchildren, and unadopted children may be eligible for dependent's benefits. In addition, a surviving spouse who was separated from the deceased worker may be entitled to dependent's benefits. Further, it is possible to be eligible for dependent's benefits if a surviving spouse was in the process of a divorce.

How do I pay Hoggatt Law Office, P.C. attorney's fees for a workman's compensation claim?

In Colorado, attorney's fees for a workers' compensation claim are limited to a contingency fee of twenty-five percent (25%) of the benefits that an attorney recovers on the disabled person's behalf. If you find an attorney who is attempting to collect more than twenty five percent, avoid that law firm. At Hoggatt Law Office, P.C., you will pay the contingency fee only if damages are collected. We may front any expenses incurred in pursuing your lawsuit. However, Hoggatt Law Office, P.C. may seek reimbursement from you for those costs regardless of the outcome of your case.