Question 1

How long does a workers comp denial appeal take in Colorado?

Accepted Answer

From filing an Application for Hearing to an ALJ decision typically takes 6 to 18 months. Prehearing settlement conferences sometimes resolve disputes sooner.

Question 2

Can I pursue both workers comp and a third-party lawsuit in Colorado?

Accepted Answer

Yes. Workers comp and third-party personal injury claims can be pursued simultaneously. Workers comp covers medical bills and lost wages immediately. The third-party lawsuit pursues full damages including pain and suffering not available through workers comp.

Question 3

What if my employer does not have workers comp insurance?

Accepted Answer

Colorado law requires most employers to carry workers comp coverage. If your employer illegally failed to carry coverage, you may file a claim against the Colorado Uninsured Employer Fund.

Question 4

What is retaliation for filing a workers comp claim in Colorado?

Accepted Answer

Terminating, demoting, or harassing an employee for filing a workers comp claim is illegal under C.R.S. § 8-43-304(1). Retaliation claims are separate from the workers comp claim and may result in reinstatement, back pay, and additional damages.

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Colorado injury victims since 2006

What to Do When Your Colorado Workers’ Comp Claim Is Denied — And How Third-Party Claims Can Increase Recovery

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