Customer Service

If you have a work injury then seek out representation through an attorney. Even where you are being treated fairly it remains my belief that you should obtain an attorney. Historically having an attorney often means obtaining more or better benefits. This area is complex and relying on the adjuster or your employer is simply not in your best interests. In my experience medical care is often better when you have an attorney. Also your compensation benefits are often far higher with an attorney. I've seen cases where benefits appear to be low become much higher with an attorney on your side. In any event there may be cases where you do not have an attorney or cases where it is early on and you need some help or assistance. In such situations perhaps the next best thing is to call the Division's customer service number. While they are not going to represent you they can provide some help and guidance. This can be a very technical field and it's better to contact customer service then go completely on your own. At least that is my opinion although having representation is usually your best bet under just about all circumstances. In any event feel free to contact customer service for helpful information and some assistance. The current phone number for customer service at the Division is 303-318-8700.

January 2013 Colorado All About Claims Newsletter

Every now and then Colorado puts out a workers comp newsletter. They just recently published this issue in January 2013. It is actually quite nice to read this newsletter as it personalizes the system and

also alerts you to recent developments. The process is not faceless and this issue provides us with some information on Judge Purdie. It introduces you to Judge Lamphere. It discusses new rules and procedures too. I actually would like to see this newsletter published more frequently and have claimant and respondent input too. The newsletter is an informal way of discussing various workers comp matters and meeting those who play a role in the workers comp process. People can be critical of the system and the outcome of cases but I have to admit most of the people who work in it, from judges to attorneys to assistants, work very hard. Many cases are quite complicated and take a long time to resolve. There usually is just a formal side that you may see. The motion, the order, a brief, a form to fill out and medical reports to read can make it all seem very cold. But there really are people involved in the process. A claimant may be the most involved but the adjustor is also financially and actively involved. Newsletters and other publications can help all of us understand how it is going and even some of the players. If at all possible every claimant should obtain an experienced attorney. Going it alone is quite hazardous especially in terms of getting the proper treatment and receiving an adequate award.

2011 Workers Comp Exit Survey

Colorado attempts to survey injured workers once the workers comp case is over. Just recently released are the survey results for the year 2011 in which over 28000 were sent surveys and over 4000 responded. The survey is like a customer satisfaction type survey and as a result it may be skewed. When I looked at it I saw that of the some 4000 that answered the survey only about half had disputes. Clearly then only some 2000 of those responding or about seven percent of 28000 claimants had any dispute or battles in their case. Since almost one in four cases are contested the survey seems to be primarily coming from satisfied claimants and less so from those with disputes. More interesting is what is the satisfaction rate when there is a legal dispute. There the rating, on a sliding scale from 5 being most satisfied to 1 being least satisfied, comes out at 2.9. That does not appear to be very good. I interpret it to mean that 58% are satisfied after a dispute. That would not be considered passing in most situations or at best is barely passing. So it appears even with those responding there is an undercurrent of dissatisfaction with how speedily disputes were resolved. I am not surprised. Many cases can take several months to resolve once there is a dispute. The concern I have is with medical benefits and compensation that the process should move along faster. Any dispute which requires a hearing even to obtain benefits can mean a few months to get to the hearing and perhaps longer to obtain an order which could then be appealed. While we all believe in due process it seems to me that the process can be expedited but that is up to our legislators. According to my view of the survey we may have a satisfactory system when there is no dispute but at best a barely passing system when there is a dispute. But what about the over 85% who never even responded to the survey? It would make sense to find a way to get greater participation to see how satisfied people really are but for now this survey is what we have.

Maximum rates and the caps

The Division of Workers Compensation has just posted the rates for maximum benefits and related math calculations. For example they indicate that as of January 1, 2012 the caps are to be $76605.00 and $153210.00. Maximum rates are usually related to your average weekly wage not to the severity of your injury. Those with a workers compensation injury are paid two thirds of their average weekly wage for temporary benefits in the majority of times. There are exceptions that can lower this amount and there are occasions when the average weekly wage should be adjusted higher. If you are a claimant never assume the figure your employer or its insurer says is your wage. Never assume they are right no matter what is told you. If you are an employer or insurer never assume the figure provided by a boss is correct. A wage calculation is not a simple matter and there can be many variables that affect the calculation. However the fact you sustained a horrific injury is not going to affect the math. It is based on the math and when in doubt is determined by a judge when someone takes it to a hearing. In a typical situation the injured worker receives two thirds of his average weekly wage during the time he is temporarily disabled which s adjusted if you work part time. If a claimant returns to work full time temporary benefits stop. Such benefits can stop for other reasons as well as provided by law. You can review that with your attorney or seek help from the Division to understand it. Customer Service phone is (303) 318-8700. Please note the two thirds figure has not been considered taxable but it is not the same as your paycheck amount. It is what it is as set forth by law. But each year there can be adjustments and that is what has been done and posted at the Division today. Caps are amounts that place a limit on your compensation. They do not apply to medical benefits which are not capped (at least not yet) and they do not apply to those permanently and totally disabled. But if you are drawing temporary benefits and then entitled to permanent benefits those amounts can be capped when added up. Temporary benefits alone are not capped but if added to permanent benefits the law can apply a cap. Regretably this is a tough matter for claimants but the state has decided through its elected representatives to place limits in certain areas. In a sense most insurance policies have limits and workers compensation is no different.

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 Labor Department on Twitter

Colorado presses on into the 21st Century! They twitter...or is it tweat? In any event these are short comments which you can access or have sent to you. The subjects vary a great deal but can include workers compensation, unemployment or other areas within the purview of the Colorado Department of Labor. My view is more is better then less...I recall the days when obtaining information was not so easy. Now we can do our legal research online. In the old days legal research was very time consuming and meant handling many big law books. You then copied pages by taking the book to the copier and page by page making a copy of a case. Now I can be on a laptop and directing a wireless printer to copy the case. With the development of the computer age we have seen an enormous increase in knowledge and efficiency even if at times we are all frustrated by technology. Just some 30 years ago we were in its infancy. In any event Colorado is active on the internet. It is making available many resources for all of us.

New Website for Division of Workers Compensation

Colorado redesigned the website for the Division of Workers Compensation and posted it online. It certainly has a cleaner appearance and I suspect it has all that it had before. For me it will take a bit of getting used to since I was comfortable with the old website. What does happen when you give it a cleaner appearance is that it can take an extra click to find some pages. I did like the old website but it was cluttered with details. For a guy who prefers details I took to it but can see the reason to simplify it.

Injured Worker Claim Form and Contact Number

If you are injured on the job and must file a claim with the state or just need some basic information please do not be afraid to call the Division of Workers Compensation customer service number at 1-888-390-7936. The claim form can be found here at this form page. It is a big download in pdf format but can be filled out and sent in whenever you are being ignored on your claim and should proceed on it. Sometimes you report your injury and nothing is done by your employer. Colorado lets you file your own employee claim, gives you general information at its website and customer service is a telephone call away. Of course as soon as possible consult with an attorney. Please do not rely on your employer or the insurer to act in your interests.

Customer Service in Workers Comp

In Colorado they have developed a customer service section at the state Division of Workers Compensation. They are there to help to the extent they can in some basic areas though of course they do not go to hearings or otherwise perform legal duties. In some cases the claimant cannot find an attorney or feels they do not need one and at least the customer service people try to help out. But the statistics maintained by the state also seem to tell us that claims or inquiries about claims in workers comp are down. Despite increases in population the customer service stats say that less people are calling them or dropping by. In 1997-8 there were over 83000 calls/drop ins at the office yet by 2005-6 the number had dropped to some 58000. As I noted back in July 2007 the number of hearings also went down. Why? Are there less workers in Colorado? Nope. My view is that we have to conclude that either less people are getting hurt or that more claims are not being prosecuted or pushed as hard as they could be. I do know that in the old days you'd almost always be able to find an attorney to take your case but that is changing. In any event if you wish to contact customer service click here for the number.