Unrepresented Claimants Revisited

In 2006 I posted on what resources were available for those who do not have an attorney to handle their case. That is now outdated. Sometimes attorneys will not take your case. There are many reasons for this and not always personal to your case. You may have a very good case but the attorney is busy or going in a different direction. Other times the attorney may conclude that your case has merit but does not fall into an area he wants to handle. Still other times an attorney decides there is not enough at stake to commit himself and his staff to your case. By all means keep looking for an attorney even going outside your locale if you have to do so. But if you must proceed on your own the state does provide useful information for you. You should contact the customer service people at the Division. They can assist when you do not have an attorney. There are many resources and much information available to you but I caution you to be thorough and not assume it is all common sense. Workers comp is a creature of statute, cases, rules and guidelines. All of this except the cases are available to you on the web. On this blog we often will post appellate cases. Also there are lower level decisions with caselaw you can review. Also read the publication for injured workers. At this link learn about non-lawyer workers compensation. Also at this link you can read an Overview of the Worker's Compensation Claim Process. Also from this page you can read more about representing yourself in proceedings including a non-lawyers guide. Be aware that anyone involved with a claim may also be involved with two agencies the Division of Workers Compensation and the Office of Administrative Courts. Information on this distinction can be read here. These links are important pages but really just explore what Colorado does have on the web so that you are as informed as you can be. A word of caution: represent yourself only as a last resort...this area of law is complex and difficult to navigate. But it is not impossible and if you must handle it yourself read the above and use customer service noted above.

Colorado Employment Law information

We receive many calls from people asking for help with an employment law issue. I guess perhaps they misunderstand that workers compensation is not the same as other employment related matters. Someone who is wrongfully terminated or discriminated against or asking about vacations or unemployment or medical leave may turn to us since we represent injured workers. But we do not handle these areas although sometimes they can affect workers compensation benefits. But first there must be an actual injury or occupational disease. We only practice in the areas of work injuries and disabilities. Even there we only take a limited number of cases. However the state has posted what it calls advisory bulletins in a number of these areas. To view them click here. Perhaps they do not answer all questions but the materials do try to provide some guidance in some of these areas. For example did you know that there is no required vacation policy in Colorado? At least none for private employers but that just means it is not state mandated. You may still have rights as may be part of your particular employment contract. Want to know about tips or overtime? It's there.

"What's New Page" at the Division of Workers Comp

When the Colorado Division of Workers Compensation makes changes to its website they note it on a "What's New" page. Whenever I check the website I almost always go to this page first to see what changes have been posted. By following along with the changes as they get posted it gives me a better idea of what is happening in my field. There is so much at the Division website that it can be overwhelming when you first start looking at it. But after a while it seems like it is well organized and quite handy to use. If you do not know where to start to get an overview I suggest if you are an employee to read the Employees Guide at the site. If you need more help and do not have a lawyer then contact the Division's customer service unit.

Adjuster's Guide in Workers Compensation

If you are interested in what the Division of Workers Compensation says is its guidance for adjuster's handling workers comp claims then click here for the guide. It may provide some insight for all of us. It gives us a basic understanding of the duties of the insurer. Many subjects are discussed and can help explain why a form has been filed and what are some of the deadlines. If the insurer or adjuster is taking some action or filing something you might want to check here for a better understanding of what and why it is taking place. Of course there is also a guide for employees which is also extremely useful in understanding the workers compensation claim process.

Employee's Guide

Just a quick note to post here the link to the Colorado pamphlet for Employee's. It is in pdf format so it can take some time to load but it contains answers to frequent questions put out by the Colorado Division of Workers Compensation: http://www.coworkforce.com/DWC/PUBS/employees_guide_2005.pdf