What is a Workers’ Compensation Claim in Weld County?

It is common to have questions about an employee’s right to compensation benefits following a workplace injury. This is a complicated topic, given the factors surrounding the right to file a claim and the process for doing so.

Due to the complicated nature of the worker’s compensation system, it is typically in your best interest to work with a skilled attorney if you wish to take legal action. Your worker’s compensation lawyer could guide you on the process of notifying your employer and pursuing your claim. If your employer or their insurance company rejects your claim, a workers’ comp lawyer could inform you of other options available to you. For more information, schedule a consultation today.

Reporting a Workplace Injury

The early stages of a worker’s compensation claim are primarily between the worker, their employer, and the insurance company. While it is necessary to report all workplace injuries to the state eventually, only fatal injuries require immediate notification. Most other workplace injuries need only to be included in a monthly injury summary sent by the employer, with some exceptions. Injuries that result in more than three days or three shifts away from work require written notification within ten days. Permanent injuries or the contraction of an occupational disease also require written notification within ten days.

It is worth noting that the employer, not the employee, is responsible for notifying the Colorado Division of Workers’ Compensation within ten days of receiving written notice of the injury.

Employees that May Not File a Claim

While most Weld County employers must carry worker’s compensation insurance, not all employees have the right to file a claim. While the worker’s compensation process is available to either full time or part-time workers, there are specific exceptions for:

• Part-time maintenance workers
• Domestic workers
• Real estate agents and brokers
• Certain contractors
• Railroad employees

While some of these exceptions are intended to bar claims for temporary or seasonal help, railroad workers may not seek worker’s compensation claims since there are other remedies for their injury claims under federal law.

Claims Process in Weld County

The worker’s compensation claims process in Weld County starts when an injured worker notifies their employer. Under state law, that notification must occur in writing within four days of the injury. It is the duty of the employer to notify the insurance company of the claim.

The insurance company has 20 days from receiving the injury report to either accept or reject a claim. If the insurer accepts the claim, the worker would receive benefits in a matter of weeks.

In some cases, a denial is related to missing documents that the insurer requires. However, if the insurance company is set on denying a claim, the injured worker has the right to appeal the decision. They also have the right to the assistance of a Weld County worker’s compensation lawyer throughout the appeals process.

How a Weld County Worker’s Compensation Attorney Could Help

The process of pursuing a worker’s compensation claim in Weld County is never easy. That process only becomes more difficult when your employer denies your claim.

However, a denied claim does not have to signal the end of your opportunity to recover benefits. When you meet with a lawyer for the first time, you can ask about the strength of your claim or for general information regarding what is a workers’ compensation claim in Weld County. Call right away to schedule an initial consultation.