WORKERS COMPENSATION LAW

Colorado’s Workers Compensation Law can be difficult to understand and the actual law can be hard to find unless you know where to look. Below you will find links to specific sections of the law as well as the law in its entirety.

For more information regarding your Colorado Workers Compensation claim please fill out one of the contact forms or visit our home page. Call our workers compensation attorneys today at 303-462-2999 for a free consultation!

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Legislative Declaration:

 

Definitions:

Selecting an authorized treating physician:

 

 

ARTICLE 40

General Provisions

PART 1

SHORT TITLE – LEGISLATIVE DECLARATION

8-40-101. Short title. Articles 40 to 47 of this title shall be known and may be cited as the “Workers’ Compensation Act of Colorado“.

8-40-102. Legislative declaration. (1) It is the intent of the general assembly that the “Workers’ Compensation Act of Colorado” be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to injured workers at a reasonable cost to employers, without the necessity of any litigation, recognizing that the workers’ compensation system in Colorado is based on a mutual renunciation of common law rights and defenses by employers and employees alike.

(2) The general assembly hereby finds that the determination of whether an individual is an employee for purposes of the “Workers’ Compensation Act of Colorado” is subject to a great deal of speculation and litigation. It is the intent of the general assembly to provide an easily ascertainable standard for determining whether an individual is an employee. In order to further this objective, the test for determining whether an individual is an employee for the purposes of the “Workers’ Compensation Act of Colorado” shall be based on the nine criteria found in section 8-40-202 (2) (b) (II) which shall supersede the common law. The fact that an individual performs services exclusively or primarily for another shall not be conclusive evidence that the individual is an employee.

8-40-201. Definitions – repeal. As used in articles 40 to 47 of this title, unless the context otherwise requires:

(1) “Accident” means an unforeseen event occurring without the will or design of the person whose mere act causes it; an unexpected, unusual, or undesigned occurrence; or the effect of an unknown cause or, the cause, being known, an unprecedented consequence of it.

(2) “Accident”, “injury”, or “injuries” includes disability or death resulting from accident or occupational disease as defined in subsection (14) of this section.

(2.5) (a) “Adverse action” means that the director, pursuant to part 5 of article 43 of this title or section 8 42 101 (3.6), has retroactively denied payment of fees, recommended a change in treating physician, or excluded a health care provider from the workers’ compensation system by revoking the accreditation of any such health care provider under section 8 42 101 (3.6).

(6) “Employee” has the meaning set forth in section 8-40-202 and the scope of such term is set forth in section 8-40-301.

(7) “Employer” has the meaning set forth in section 8-40-203 and the scope of such term is set forth in section 8-40-302.

(8) “Employment” means any trade, occupation, job, position, or process of manufacture or any method of carrying on any trade, occupation, job, position, or process of manufacture in which any person may be engaged; except that it shall not include participation in a ridesharing arrangement, as defined in section 39-22-509 (1) (a) (II), C.R.S., and participation in such a ridesharing arrangement shall not affect the wages paid to or hours or conditions of employment of an employee; nor shall it include the employee’s participation in a voluntary recreational activity or program, regardless of whether the employer promoted, sponsored, or supported the recreational activity or program.

(11.5) “Maximum medical improvement” means a point in time when any medically determinable physical or mental impairment as a result of injury has become stable and when no further treatment is reasonably expected to improve the condition. The requirement for future medical maintenance which will not significantly improve the condition or the possibility of improvement or deterioration resulting from the passage of time shall not affect a finding of maximum medical improvement. The possibility of improvement or deterioration resulting from the passage of time alone shall not affect a finding of maximum medical improvement.

To read the law in its entirety please visit this link

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:

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

It can be a very scary and traumatic experience when suffering from an injury on the job. A significant injury can cause permanent or partial disability, causing a person to miss out on work. The loss of income can cause great financial adversity, and the mental and emotional suffering that comes from that may be just as serious as the physical pain of the injury.

If you have been injured while at work and you feel you are being treated unfairly by your employers concerning your workers’ compensation claim, then contact a Denver worker’s compensation lawyer right away, so that we can fight for your rights and increase your chances of receiving what is fair in compensation.