Understanding the Hearing Process

Are you worried about your hearing?

Are you afraid you won’t be compensated fairly for your injury?

Are you unsure what to expect during the hearing process?

At Kaufman & Kaufman, LLC., we want you to know everything you can expect up front! As a result, you won’t be misled by the insurance company during questioning. You’ll know exactly what to say. Your mind will be much more at ease!

If your workers’ compensation claim is denied after you file, it will usually take three to four months to get a hearing. While an expedited hearing can be requested, it will usually not occur any faster than a regular hearing, because the other side often asks for a continuance to prepare their defense.

What Does the Hearing Process Include?

Discovery- During discovery, both sides exchange information, facts and evidence that will potentially be used in the hearing.

Medical Records- The respondents for the insurance companies will ask about your medical records for the past 10 years. This is one of the key defenses they have against your claim as they explore whether you have a history of similar injuries that were not work-related.

Pre-Existing Conditions- We’ll work closely with you to identify how your workplace accident triggered the pre-existing condition or how it made it worse than it already was, if applicable.

Hire Expert Colorado Workers Compensation Attorneys Today!

Colorado workers compensation attorneys have been representing injured workers on the Western Slope of Colorado with over 72 years of combined experience. We strive to provide fair, honest, and aggressive representation.

Let us help you today! Our expert workers compensation lawyers would like to ensure your rights are protected! Call (970) 945-2396 now to schedule your FREE initial consultation!

What is Maximum Medical Improvement?

Are you still in pain and worried that you won’t qualify for future benefits after your impairment rating?

What happens if you’re unhappy with the maximum medical improvement determination? 

Can you ask for a second opinion?

After a doctor determines your Maximum Medical Improvement (MMI), the doctor will provide you with an impairment rating. Your employer's insurance company will then use the doctor's determination to decide what, if any, future benefits you’re entitled to. If the insurance carrier admits permanent disability it will be done through a document called a "final admission of liability." At this point, any temporary disability benefits you have been receiving will stop.

According to Colorado state law, the insurer's decision will fall into one of four categories:

No future benefits: Your employer’s insurance company will decide that you’re not disabled and don’t require any further medical treatment related to your injury. 

Maintenance care benefits: Your employer’s insurer may determine that you need to undergo future medical care to maintain your condition. You can reach MMI even you need future care, as long as that future care is not expected to significantly improve your condition. 

Permanent partial disability: Permanent partial disability is awarded when you experience a permanent impairment or loss of function of a body part or body system, but you’re not so disabled that you can no longer work. Workers with permanent partial disability are entitled to a fixed benefit payment based on the doctor's disability rating and formulas set by state law. 

Permanent total disability: Permanent total disability is awarded to you if you’re disabled to the point that you can no longer earn wages in any future job. Permanent total disability benefits are paid for life. Usually, they’re the same as the temporary total disability payments that were made before you reached MMI; however, there’s a 50 percent offset for Social Security Disability benefits if you’re receiving these.

Are These MMI Decisions Final?

No, you’re allowed to dispute the doctor's determination that indicates MMI has been reached by asking for a Division Independent Medical Examination (DIME). Essentially, this is a request that another doctor issue a "second opinion" about your medical condition.

Get Started Today: Contact Experienced Colorado Workers Compensation Attorneys!

If you have questions about your workers' compensation rights, speak to our experienced Colorado workers compensation attorneys today! We make sure you and your case get the attention you deserve! (970) 945-2396 

Accreditation of Physicians in Colorado Workers Compensation Cases

Have you heard too many horror stories about people who got stuck with a doctor they hated while recovering from a workplace accident?

Are you worried about finding a good doctor that can help aide you in your recovery?

Are you worried you’ll get stuck with an unaccredited doctor risking further injury or a longer recovery?

Getting and staying connected with a doctor for your workers comp injury is not a wonderful process. Nothing having to do with filing a claim is easy, but it’s the law, and we all have to follow it! 

According to Colorado workers compensation laws, your employer will provide you with a list of doctors that provide treatment for injured workers. However, if for some reason, you’re dissatisfied with your doctor, you’re allowed a one-time change within 90 days.

Don’t wait forever! The clock is ticking!

According to the Colorado Department of Labor and Employment, “Level I accreditation is available to chiropractors, podiatrists, dentists and physicians and PAs who don’t perform impairment ratings. Level II accreditation is available to qualified MDs and DOs who perform impairment ratings.” All of the doctors who are on the list that can provide treatment to you should be on the list provided by your employer. However, it’s important to do your research because some doctors may slip through the cracks. 

Ensure that your health is protected and your recovery is on an upward trajectory. It always makes sense to consult with an attorney first. No matter what happened in your case, we’ll let you know whether or not an attorney is needed immediately or at all. Don’t waste your time with a law firm that isn’t giving you answers, and charges you just to ask questions. Our Colorado workers compensation attorneys at Kaufman & Kaufman, LLC. won’t charge you anything to ask simple questions, so what are you waiting for? 

Call (970) 945-2396 now to schedule your FREE initial consultation with one of our Colorado workers compensation attorneys today.