Did you know that in Colorado your Employer or Workers’ Compensation Insurance Carrier can pay for your medical treatment without admitting liability for your injuries? Many times, clients call us when they have been receiving treatment for their work related injuries for months and then realize their claim is being denied. This can be difficult to say the least. The further in time you get from the injury the more difficult it can be to prove the injury in court. Specifically, it may be more difficult to get in touch with witnesses, or take pictures of the scene of the accident, both of which could be necessary to prove how the injury occurred. The denial of benefits can be extremely confusing and frustrating, especially when you have been communicating with the adjuster for months.
This recently happened to a client of mine who had been receiving treatment with a Workers’ Compensation doctor when a surgery was recommended and denied. When he called the claims adjuster to ask why the surgery had been denied, he was informed that the Insurance Company was completely denying liability for his injuries. The adjuster told him that they had only been providing medical treatment to that point as a showing of good will. Obviously, this client was extremely upset and confused.
The first thing to keep in mind when you have a Workers’ Compensation injury is that there are a specific set of rules and laws that you may not be aware of. This is where an attorney can help you. When you have a work related injury, you should immediately file a Workers’ Claim for Compensation with the Colorado Division of Workers’ Compensation. Once this form is filed, a timeline begins to run for the Insurance Company to take an official position on your claim. They can either admit liability for your claim or they can deny liability for the injury. If your claim is denied, you will need to go to court to prove your entitlement to Workers’ Compensation benefits.
Do not make the mistake of assuming that your Employer or the Workers’ Compensation Insurance Carrier will file this form for you. In many instances they do not. In fact, they have an incentive to keep the Division of Workers Compensation in the dark about your injury, so that their actions are not audited or reviewed by regulatory staff.
We can help you navigate this difficult time in your lives. Call The Sawaya Law Firm at 303-839-1650 for a free consultation.We are Denver’s personal injury law firm. With over 40 years of experience and a compassionate team prepared to listen to your story, The Sawaya Law Firm is here to help. Contact us anytime.