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Colorado Injury Firm

Considerations When Filing a Workers’ Compensation Claim in Denver

There are many considerations when filing a workers’ compensation claim in Denver. For example, one of the first considerations you may take is deciding on an attorney. Secondly, having that attorney walk you through the claims process in order to get the most positive result possible. You may also need to keep your employer in mind as well. Your employer may be building a defense against your claim, making the claims process more difficult. Contact a professional workers’ compensation attorney that could guide you through the claims process and advocate for you.

First Steps of Filing a Denver Workers’ Compensation Claim

The first thing is to report the incident in writing to the employer. A person should then file a report of injury with the compensation carrier. An injured worker can also file a worker’s claim for compensation with the Division of Workers’ Comp. If the employer is being non-compliant, the injured worker can have the State watch over the case and make sure the carrier responds one way or another. Many employers choose to make a claim with the state and not with the state. An attorney may file a workers’ claim for compensation with the Division of Workers’ Compensation. The state is also holding the carrier liable.

What Should an Employee be Cautious of when Filing a Claim?

One of the many considerations when filing a workers’ compensation claim in Denver should be cautious of the information that is being provided in the initial reports and conversations. This is because the injured worker is going to what was said in the initial reports, which may be used as evidence. It is important to make sure the information is accurate.

It is important to maintain credibility due to the amount of fraud in the insurance system. Carriers sometimes rely and hope on people being fraudulent in order to deny their cases. If a person is filling out their first reports of injury or putting in writing what happened to them, but then tell a different story in court, their credibility may be called into question by the judge.

Federal Workers’ Compensation vs. Private Sector Workers’ Compensation

Colorado workers’ compensation is regulated by the Division of Workers’ Compensation within the Colorado Department of Labor. This makes it a publicly regulated system. Federal employees are covered and it is a totally different system.

Federal employees are covered by the Office of Workers’ Compensation Programs, or OWCP, through the US Department of Labor, unlike state work comp claims, where the benefits are provided by, usually, private insurance companies. The benefits under Federal workers’ compensation are provided by the Federal government. There are similarities with respect to the types of benefits provided, the process and the rules and regulation differ. A person should classify this as one of the more major considerations when filing a workers’ compensation claim in Denver.

Importance of Contacting a Denver Workers’ Compensation Attorney

It is important to seek an attorney to make sure the injured worker is actually receiving all the benefits that they are entitled to under the law. It is very common for workers’ comp carriers to deny valid or compensable claims. Often, this is easily curable by hiring an attorney and having them enter their appearance on the case.

By classifying an injured worker as an independent contractor, employers and workers’ comp carries can avoid liability on a claim because there must be an employee-employer relationship in order for the claim to be compensable and admitted. An attorney can work to see that a person is correctly classified as injured in order to receive the benefits they deserve.

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