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Colorado personal injury lawyers.

Mintz Law Firm, LLC
605 Parfet St., Suite 102
Lakewood, Colorado 80215
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Phone: 303-462-2999 (Denver)
Toll Free: 1-800-4-INJURY
Fax: (303) 233-8999
Email: info@4injury.net

Colorado Injury Law

 

Colorado
Personal Injury Attorneys

“Exclusively dedicated to protecting the rights of injured people.”

Denver Personal Injury Lawyers

Work Comp Rule of Procedure Rule 8 & C.R.S. §8-43-404(5) - Selecting and/or Changing an Authorized Treating Physician.

If you have suffered a work-related injury there is some very important information you should be aware of regarding the selecting and/or changing of your authorized treating physician.

Selecting an authorized treating physician

Pursuant to C.R.S. §8-43-404(5)(a)(I)(A), when an employee is injured at work an employer is required within seven (7) business days following the date the employer has notice of the injury to provide the injured employee with a list of at least two (2) physicians or corporate medical providers from which the injured employee may select an authorized treating physician.

Please note, the following employers are exempt from this requirement:

  1. If there are fewer than four (4) physicians or corporate medical providers within thirty (30) miles of the employer’s place of business.
  2. If the employer is a health care provider or government entity that currently has its own occupational health care provider system.
  3. If the employer has its own on-site health care facility.

If an employer fails to provide the injured employee with a designated list, then the injured worker may select a treating physician of their choosing.

Changing an authorized treating physician

If an injured employee is not satisfied with their authorized treating physician they have three (3) opportunities to change physicians:

  1. An injured employee may request a change of authorized treating physician to another physician or provider on the employer’s designated list, if it is within ninety (90) days from the date of injury and maximum medical improvement has not been attained.

    To request such a change the form established by the Division of Workers’ Compensation must be properly completed and sent to the appropriate parties. However, if the employer feels that the injured employee’s request does not meet the statutory requirements the employer can object in writing within seven (7) business days following receipt of the form and the injured employee’s request to change physician will be determined at a hearing.
  2. In addition to the above, an injured employee also has the right to change their care to a personal physician by submitting a written request to change physicians pursuant to C.R.S. §8-43-404(5)(a)(VI). In this instance if the employer or the employer’s insurance carrier does not object to the employee’s written request within twenty (20) days of the date of the request, the employee has the right to change their care to any physician not just a physician listed on the employer’s designated list as permitted above.
  3. Lastly, an injured employee may change physicians at any time upon written permission from the employer’s insurance carrier or by obtaining an order from an administrative law judge permitting a change of physician.

 

If you have suffered a work-related injury call 303-462-2999 or 1-800-4-INJURY for a free consultation regarding your workers’ compensation claim.

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Colorado Personal Injury Attorneys
—Mintz Law Firm, LLC

Disclaimer: This website and its content are for informational purposes only and should not be construed as legal advice. Every case is different and should be evaluated by an attorney. Please call Mintz Law Firm, LLC, at 303-462-2999 or 1-800-4-INJURY, so that we can discuss how the law applies to your case.