Important Workers Compensation Claim Timeline

Are you worried about the timeline to file your workers compensation claim?

Are you worried time has run out?

Did you know that it’s your employer’s responsibility to file your claim with the insurance company?

According to the Colorado Department of Labor and Employment, this is the timeline to stick to if you want to receive workers compensation benefits.

Days                Responsible Party Action

Immediately:          Employer reports fatal injuries to division

Within 4 days: Injured worker reports injury in writing to employer

Within 10 days: Employer reports all injuries to carrier/insurer

Within 20 days:

Insurer files an admission or denial of liability after receiving notice of an injury in cases where lost time, permanency, an occupational disease or a fatality occurs or at any time where a claim has been filed with the Division.

Within 45 days of the date of mailing of the Notice of Contest:

Injured Worker Files Application for an Expedited Hearing if claim has been denied in error 

Within 30 days:

Injured Worker Must object to Final Admission of Liability if s/he disagrees with any part of it including:

 

• Filing for Division IME to dispute MMI or whole person impairment; or
• Filing for a hearing on any other issue

After 6 months:

Insurer, if injured worker objects to a Final Admission of Liability and takes no action to prosecute the claim for additional benefits, the insurer may petition the Director of the Division of Workers’ Compensation to close the claim

Within 4 weeks immediately following the termination of the continuous period of total disability:

Injured Worker Files an unemployment insurance claim

Contact Experienced Workers Compensation Attorneys in Colorado Today!

If you’re unsure whether you qualify or if you believe you’ve been wrongfully denied workers compensation benefits, speak to our experienced Colorado workers compensation attorneys today! We make sure you and your case get the attention you deserve!

The initial consult with our office is free! If you have a question or concern about your claim for Colorado Workers' Compensation, please set up an appointment with us to discuss your rights. 

Closure of Claims & Petitions to Reopen Claims: What You Need to Know!

Have your workers compensation benefits run out, but you’re still in too much pain to go back to work?

Do you need more help recovering from your work injury?

Do you want to reopen your claim?

In the state of Colorado, closure of claims and petitions to reopen a case work like this: 

Closure of Claims

According to Colorado.gov, “when there is no action on a claim for at least 6 months, any of the parties may file a petition to close the claim for lack of prosecution. 

a. Following a request to close the claim for lack of prosecution, the director will issue an order requiring the parties to show evidence why the request should not be granted. A response shall be filed within 30 days of the date the order was mailed. 

b. If no response is filed within 30 days of the date the order was mailed, the claim shall be automatically closed, subject to the reopening provisions of the statute. If a response is filed within 30 days of the date the order was mailed, the director will determine whether the claim should remain open.”

Petitions to Reopen

According to Colorado.gov, you can file a petition to reopen your case based on the following:

1. “Change of medical condition shall be filed with a medical report containing a description of the claimant’s present condition and how the claimant’s condition has deteriorated or improved. 
2. Error, mistake, fraud, or overpayment shall identify specifically the error or mistake to be corrected or the basis for the alleged fraud or overpayment.”

Contact Experienced Colorado Workers Compensation Attorneys Today!

If you believe you’ve been wrongfully denied workers compensation benefits or need help reopening your claim, speak to our experienced Colorado workers compensation attorneys today! We make sure you and your case get the attention you deserve!

The initial consult with our office is free! If you have a question or concern about your claim for Colorado Workers' Compensation, please set up an appointment with us to discuss your rights.