Let’s continue our consideration of how the workers’ compensation process works when your employer or their insurance carrier contests your claim.
As we noted in our previous post, this initial denial may have immediate implications for the payment of medical bills associated with your work injury or illness.
But an initial denial does not necessarily mean you won’t ultimately succeed in your work comp claim. The denial may be overturned following a hearing before an administrative law judge.
In this two-part post, we will inform you about some key aspects of such hearings in Colorado.
First of all, let’s touch upon timeline. How long does it typically take to get a hearing?
In many cases, it will take several months (three or four) before a hearing is held. To be sure, an expedited hearing is at least possible. But the more likely scenario is that you will have to wait a few months before you get to make your case to a judge.
In order to make an effective case when you reach that point, it is important to marshal all of the relevant medical records.
Gathering and evaluating your medical records is of course important in order to support your claim about how you have been affected by a work injury. Medical records may also be important, however, to respond to assertions by your insurance adjuster that a pre-existing condition may have been responsible for your injury.
We gave an example of this in our March 10 post. A workers’ compensation carrier may contend, for instance, that a back or knee injury was caused by an old sports injury – not by a work activity.
A knowledgeable workers’ compensation lawyer can help you continue to pursue your claim despite such contentions.
To learn more about our practice, please visit our page on the hearing process.