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Contested Colorado work comp claims, part 2: your lawyer's role

Let’s continue our two-part discussion on contested workers’ compensation claims in Colorado.

As we noted in part one, it sometimes happens that an employer’s workers’ comp insurance carrier will deny a claim for compensation from an injured worker. The formal term for this is “notice of contest.”

In this part of the post, we will get into further details about what to expect when your claim is denied in this way and what it may mean for you.

Receiving a Notice of Contest doesn’t mean you won’t be able to get workers’ compensation. You still have the right to request a hearing before an administrative law judge to make your case for compensation.

But it will be important to know your legal rights well and to gather all of the evidence – including medical records – you will need to support your claim. A knowledgeable workers’ compensation attorney can help you do this.

An attorney can also negotiate with the insurance adjuster to resolve disputed issues.

Keep in mind, as you consider your situation, that an initial denial of your claim could have immediate implications for payment of medical bills resulting from your work injury or illness.

If the workers’ comp insurer is contesting your claim, you may be financially responsible for your medical bills – at least until the case may be resolved in your favor. In such cases, your private health insurance benefits may very well come into play.

This, too, is something a lawyer can help you understand and address.

Source: Colorado Division of Workers' Compensation, "What is a notice of contest?," Accessed June 11, 2014

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