The first step in protecting your Colorado workers’ compensation rights is filing a Workers’ Claim for Compensation with the Colorado Division of Workers’ Compensation. This is form number WC15 on the Division’s website.
The filing of this form by the injured worker (“Claimant”) serves several important functions. This filing will provide formal notice of your workers’ compensation claim and provide all relevant information regarding you claim to your employer and the insurance company.
Most importantly, this filing will satisfy the 2-year statute of limitations in Colorado. If a workers’ compensation claim is not filed within 2 years (3 years if reasonable excuse), an employer/insurance carrier (“Respondents”) can argue the claim is time-barred by the statute of limitations and Respondents are therefore not liable for workers’ compensation benefits.
It is important to remember that only a few events will satisfy the filing requirements to protect Claimant from expiration of the statute of limitations. The payment of medical bills by Respondents does NOT satisfy the statute of limitations. The filing of Employer’s First Report of Injury does NOT satisfy the statute of limitations. Filing the Workers’ Claim for Compensation is the sure-fire way of placing Respondents on notice of the claim, triggering Respondents obligation to respond to the filing of the claim pursuant to the Workers’ Compensation Act and making sure that Claimant’s rights to pursue benefits under the claim are protected moving forward.
If you have been injured at work, contact The Wilhite Law Firm today!
