Worker Compensation Claim Process

Getting injured can disrupt your life, but if it happens at work, the fallout can be even more complicated.Workers’ compensation is designed to protect you and ensure that you’re taken care of after a workplace injury, but it doesn’t always work the way it’s supposed to.

The legal experts at the Law Offices of Miguel Martinez, P.C. help people who have been injured at work get the compensation they’re entitled to. Here’s what you should know about how workers’ compensation should work for you.

First Steps to Take After Getting Injured at Work

If you get hurt on the job, it’s up to you to start the claims process. There are specific steps you are expected to follow to file a claim.

Report the Injury

The laws vary by state, but in Colorado, you have ten business days to notify your employer in writing that you were hurt on the job. Even if you miss that deadline, let your work know about the injury in writing so there is a record of the incident.

Get Medical Treatment

Once you’ve notified your employer, they have seven business days to give you a list of medical care providers you can see for care. When you choose a doctor, they become the Authorized Treating Physician. They may refer you to other medical offices, but they will be the main doctor who manages your care.

File a Claim

You are legally allowed to file a claim for up to two years after the accident. This is called a Workers’ Claim for Compensation, and it must be sent to the Division of Workers’ Compensation (DWC). Although you have two years, it’s best to file your claim soon after the injury occurs.

What Happens if My Claim is Denied?

Once your claim has been filed, your employer’s insurance has 20 days to respond. Hopefully, they will accept responsibility, file a General Admission of Liability, and pay what you’re owed. If they deny liability, they file a Notice of Contest with the DWC.

If this happens, you have 45 days to apply for a hearing to contest their denial. The hearing will take place within 60 or 120 days, depending on whether you’ve asked for a standard or expedited hearing.

When To Contact a Lawyer

The workers’ compensation claim process looks fairly straightforward on paper. Unfortunately, it doesn’t always work out that way. If you’ve been injured and you have questions about what comes next, or you’re struggling to get the compensation you’re owed, it’s a good idea to speak with a lawyer. Here are some of the signs that it’s time to have a legal expert on your side:

• You need clarification on the claims process.
• Your employer denies your claim.
• You don’t receive your benefits when they’re due.
• The settlement doesn’t cover your medical costs or lost wages.
• Your injuries prevent you from working.
• Your employer retaliates against you for filing a claim.
• You have questions about what you’re entitled to.

Speaking with a lawyer doesn’t obligate you to anything, but it can be very helpful to know the facts about the law and how it applies to your case. If you have any doubts that you’re being treated fairly by your employer, it’s worth the time to find out what your rights are.

There’s Help For Workers Comp in Colorado

Dealing with a work injury is stressful enough without having to fight for the compensation you’re entitled to. At the Law Offices of Miguel Martinez, P.C., we do everything we can to ensure our clients get what they’re owed.

You deserve to have someone on your side in this fight.

For more information about how we can help you, contact us today.

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