Should I Get a Lawyer for Workers’ Comp?

Reviewed by: Gordon Heuser, Personal Injury Attorney, Heuser & Heuser, L.L.P.

Yes, and the sooner the better. A lot of workers’ compensation claims in Colorado get denied, delayed, or settled for less than what the injured worker actually needs. Having representation from the start helps avoid the mistakes that lead to those outcomes, and it puts pressure on the insurance carrier to handle your claim seriously from day one. For more on the factors that should go into this decision, see our blog on whether you need a workers’ comp lawyer.

A workers’ comp lawyer handles the parts of your claim that you shouldn’t have to figure out while you’re trying to heal. That includes filing the claim correctly and on time, making sure your medical treatment is authorized and covered, challenging a denial or a low-ball disability rating, and negotiating the settlement when your case reaches that stage. If your employer or their insurance carrier disputes that your injury is work-related, or argues that you’ve reached maximum medical improvement when you haven’t, having an attorney matters even more.

One of the most important places an attorney adds value is in challenging a doctor’s impairment rating. When the authorized treating physician issues an impairment rating you believe is too low, or places you at maximum medical improvement before your body is actually done healing, Colorado has a formal process to dispute it: the Division Independent Medical Examination (DIME), administered by the Colorado Division of Workers’ Compensation. A DIME is a state-sanctioned second opinion from an independent, Level II-accredited physician whose findings carry significant weight in your case. Timing, documentation, and the choice of examining physician all matter. Because the DIME result is difficult to overturn, the stakes on each of these details are high.

An experienced workers’ comp attorney who practices in Colorado knows which physicians on the DIME panel tend to evaluate claimants fairly and which have a track record of siding with insurers. That knowledge matters during the physician selection process, because insurers rely on the same information from the other direction. Representation is often what evens the playing field.

Workers’ comp also runs on strict deadlines. You have to report your injury to your employer within four working days under C.R.S. 8-43-102. You have two years from the date of injury (three if there’s a reasonable excuse) to formally file a claim for benefits. Missing these deadlines can cost you the claim entirely. An attorney keeps you on track and makes sure nothing slips.

If you’ve been hurt at work in Colorado Springs or Pueblo, call Heuser & Heuser, LLP for a free consultation: heuserlaw.com/practice-areas/workers-compensation/. There’s no cost to find out where you stand.