The Merkel Law Firm, LLC The Merkel Law Firm, LLC 2026-08-18T14:54:37Z https://www.merkellawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1605237/2022/07/cropped-merkel-site-icon-1-32x32.png On Behalf of The Merkel Law Firm, LLC <![CDATA[When does a workers’ compensation case go to a hearing?]]> https://www.merkellawfirm.com/?p=49616 2026-08-06T15:41:51Z 2026-08-06T15:41:51Z Conflicts that require a hearing A case may proceed to a hearing when a disagreement over your claim remains unresolved and either side files a formal request for a decision. To support your request for disputed benefits, you may offer:
  • Whether your injury arose out of and occurred in the course of your employment
  • Whether proposed medical treatment is reasonable and necessary
  • Whether you qualify for temporary or permanent disability benefits and, if so, how much you are owed
  • Whether a closed claim should be reopened
As the injured worker, you generally must present evidence establishing your right to the benefits you request.

Proceedings that narrow the issues

Before a formal hearing, either side may request a prehearing conference to address procedural matters. This step can clarify which questions are ready for a decision and address disputes involving scheduling, evidence exchange or other preparations. A prehearing administrative law judge may approve agreements between the parties and issue orders concerning discovery, subpoenas, depositions and evidentiary disputes. Handling these matters beforehand can make the later hearing more focused, although the conference does not determine whether you qualify for benefits.

Evidence that guides the decision

At the hearing, you and the insurance carrier rely on witnesses and documents to support your respective positions. To establish your right to disputed benefits, you may offer:
  • Your sworn account and statements from other witnesses
  • Medical records and opinions from your health care providers
  • Wage statements showing your earnings before the injury
  • Photographs, written communications or other claim-related documents
The administrative law judge weighs the evidence admitted at the hearing when determining whether you have established your right to the requested benefits. It is important to know that the judge may exclude any document that either you or the insurance carrier failed to disclose properly.

Orders that permit appeals

Once the proceeding concludes, you receive a written order explaining how the administrative law judge resolved the contested issues. If you disagree with a ruling you can challenge, you generally have 20 days from the mailing date to file a petition identifying the errors you believe affected the outcome. The same judge may issue a supplemental order before sending the matter to the Industrial Claim Appeals Panel. The panel examines the existing record and written arguments rather than taking new evidence or conducting another hearing. If you contest its final decision, you may appeal to the Colorado Court of Appeals.]]> On Behalf of The Merkel Law Firm, LLC <![CDATA[Understanding Your Impairment Rating]]> https://www.merkellawfirm.com/?p=49615 2026-07-22T16:07:24Z 2026-07-22T16:07:24Z What is an impairment rating? An impairment rating shows how much a work injury has caused a lasting loss of function. Colorado shows this loss as a percentage of whole body impairment. A doctor gives this rating after you reach maximum medical improvement. This means your condition is stable and more treatment is not expected to make a major change. The rating shows how your injury affects your body. It may measure problems with movement, strength or daily tasks. For example, a shoulder injury that limits movement or strength may receive a 10% impairment rating. Colorado uses this rating to help determine some workers’ compensation benefits.

How doctors decide your rating

Doctors follow medical guidelines when they decide your impairment rating. These guidelines come from the American Medical Association Guides to the Evaluation of Permanent Impairment. In Colorado, a Level II accredited physician must determine your impairment rating. The physician may be your authorized treating doctor or a Division-sponsored Independent Medical Examiner. The doctor may check:
  • How well you can move
  • How much strength you have
  • Changes in feeling or sensation
  • Other lasting limits
Every injury is different. Your rating depends on your injury and how it affects your body. During the exam, the doctor may check your condition, review your medical records and order tests. You can help by explaining your symptoms and how your injury affects your work and daily life.

How your rating affects your benefits

Your impairment rating may affect your permanent partial disability benefits. Colorado uses different methods to calculate these benefits. For some injuries, the calculation may include your rating, age, 400 weeks and your temporary disability rate. A higher rating may lead to more benefits in some cases. For example, a 15% whole body impairment rating may result in more benefits than a 5% rating. The amount depends on the type of injury and how Colorado classifies your loss.

What if you disagree with your rating?

If you believe your rating does not show the full effect of your injury, you may be able to challenge it. You may request another medical review if you meet the requirements. A state-approved doctor may review your injury through a Division-sponsored independent medical examination. Medical records and other doctor opinions may also help explain your concerns. A workers’ compensation attorney can help you review your case and explain your options.

Protecting your benefits

Your impairment rating can affect the benefits available after a work injury. Review your rating carefully. Keep copies of your medical records and ask questions if something seems incorrect. Keeping your records organized can help you understand your claim and make informed decisions during the workers’ compensation process.]]> On Behalf of The Merkel Law Firm, LLC <![CDATA[Colorado IME laws: What insurance companies can and cannot require]]> https://www.merkellawfirm.com/?p=49614 2026-06-18T15:02:01Z 2026-06-18T14:56:49Z What the insurer has the right to require The insurer uses the IME to answer specific medical questions. The evaluation determines if a worker has reached maximum medical improvement or if proposed treatments are necessary. State law gives the insurer power over specific parts of the process such as:
  • Mandatory attendance: The worker must attend the appointment. Missing the exam gives the insurer grounds to suspend wage benefits or close the claim.
  • Doctor selection: The insurer selects the evaluating doctor to perform the exam and pays the invoice.
  • Scope of review: The exam focuses strictly on the injury and treatment plan rather than providing ongoing care.
While the insurer controls scheduling, state rules limit their power during the exam.

What the insurer cannot dictate

The insurance company cannot control every detail. The IME doctor provides an evaluation; they do not replace the treating physician. Colorado rules protect workers from overreach in the following areas:
  • Travel costs: The insurer must cover travel expenses. If the appointment requires missing work, the insurer owes lost wage benefits for the missed hours.
  • Exam room privacy: The evaluating doctor might exclude family members from the room, but the insurer cannot ban medical observers. State law allows injured workers to bring and pay for their own observing physician.
  • Treatment changes: The insurer cannot force a treatment change without following proper legal steps to dispute the care plan of the treating physician.
These rules maintain fairness as the claim moves toward a final decision.

Where this leaves injured professionals

Workers' compensation claims rely on medical evidence. The report from the IME physician carries significant weight with the state division. An unfavorable report can halt wage benefits or stop necessary treatments. Preparing for this exam means you must know which medical records the doctor will review. An attorney who understands Colorado workers' compensation claims can help injured employees manage the process. A skilled attorney can review the final report and dispute mistakes before they harm the case.]]> On Behalf of The Merkel Law Firm, LLC <![CDATA[Reporting a workplace injury in Colorado]]> https://www.merkellawfirm.com/?p=49613 2026-06-11T00:55:55Z 2026-06-11T00:55:55Z report injuries because they think that their injury isn’t serious, but the condition can worsen over time. Waiting to report the incident could lead to significant questions about where, when and how the injury occurred.

Why should you report an injury?

Reporting a workplace injury creates a written record of what happened. It connects that injury to the job. It can also serve as a record of who witnessed the injury and how the timing of the symptoms occurred. Significant disputes can occur if the report isn’t made. Initially, you may make a verbal report to your supervisor, but you should ensure that a written report is created to help avoid confusion later. This should include the type of injury and what caused it. A workplace injury report should be factual and clear. It should identify all the important facts about the incident because it’s possible that memories may change over time. Having a comprehensive account of what happened to cause the injury is also beneficial. You should receive proper medical attention for the injury. This might be through an emergency room, urgent care or doctor’s office. Working with your medical team to develop a treatment plan is important. That plan should outline when it’s safe for you to return to work and what type of restrictions you’ll have, if any, when you return to work. It’s critical that you pay close attention to everything related to the workplace injury. Timely notice, accurate records and thorough medical information can help to protect your ability to receive the workers’ compensation benefits you’re due.]]> On Behalf of The Merkel Law Firm, LLC <![CDATA[The risks of relying on AI during a Colorado workers’ comp claim]]> https://www.merkellawfirm.com/?p=49610 2026-06-06T12:31:53Z 2026-06-06T12:31:53Z AI errors could leave workers at risk of sanctions There is an expectation that those managing legal matters adhere to all court rules. When an injured professional has an attorney representing them during a workers’ compensation claim, their lawyer ensures the legal accuracy of any documents submitted to the courts. Additionally, communications with a workers’ compensation lawyer are subject to attorney-client privilege and are confidential. The same is not true in scenarios where workers represent themselves and rely on public AI programs to generate legal paperwork. In addition to losing the confidentiality protections derived from legal representation, they also lose out on the accuracy that comes from having appropriate legal representation. AI hallucinations involve the software creating facts that don't actually exist. In the legal world, these hallucinations often manifest as legal precedent that is not legitimate. There have been cases already where attorneys have faced sanctions for submitting documents to the courts that included AI-hallucinated legal precedent. There have also been cases where individuals representing themselves pro se have submitted paperwork to the courts that included hallucinated and inaccurate information generated by AI. While there is not yet legal precedent of the Colorado civil courts imposing sanctions on pro se litigants in workers' compensation cases, the possibility exists for courts to do so in the future. People seeking benefits and relying on AI to make sense of complicated case law and state statutes could end up subject to penalties imposed by the courts for their violation of court rules. Additionally, they may lose out on benefits that they could otherwise secure with the representation of an attorney. AI often creates as many problems as it helps solve. In some cases, it puts people at unnecessary legal risk. Retaining an actual workers’ compensation attorney instead of relying on software to address complex legal matters can help people protect themselves from poor case outcomes.]]> On Behalf of The Merkel Law Firm, LLC <![CDATA[How long can you stay on workers’ comp in Colorado?]]> https://www.merkellawfirm.com/?p=49573 2026-01-27T21:02:27Z 2026-01-27T21:02:27Z How temporary benefits work When an employee is recovering, they can receive benefits that are designed to support them until they are back on their feet again.
  • Temporary Total Disability (TTD): These are wage replacement payments issued while an employee is fully unable to work, based on a doctor’s orders or medical limits that an employer cannot accommodate
  • Temporary Partial Disability (TPD): These benefits apply when an employee can work but only in a reduced role that pays less than their pre-injury wage; TPD covers part of that wage gap
Both payments end once an employee goes back to work as usual or reaches MMI.

What happens once an employee reaches MMI?

MMI means that, on a specific date, an employee’s authorized treating physician determines that the condition has stabilized and no further treatment is needed to achieve meaningful improvement. Reaching MMI is the most important event in a Colorado claim. When this occurs:
  • Medical treatment stops and the employee can receive maintenance care, in order to prevent their condition from worsening
  • Permanent benefits are assessed, which means that if an employee shows signs of lasting physical damage, they can qualify for an impairment rating by their doctor, which can turn into Permanent Partial Disability (PPD) payments
Certain injuries can seriously harm an employee’s health and quality of life, and they may qualify for lifelong Permanent Total Disability (PTD) benefits if they can show they are unable to earn wages in any standard job.

Protecting an employee’s benefits

Colorado has strict timelines for worker’s compensation. If something happens at the workplace, an employee should notify their employer immediately in writing. After that, they have up to two years from the date of the injury to file a claim with the Division of Workers' Compensation, though this can be extended to three years in specific circumstances where reasonable excuse is shown. A workplace injury can be daunting, but employees have the right for compensation. A skilled attorney can offer different strategies depending on the circumstances.]]> On Behalf of The Merkel Law Firm, LLC <![CDATA[How long does the workers’ compensation process take in Colorado?]]> https://www.merkellawfirm.com/?p=49538 2025-11-12T23:24:07Z 2025-11-12T23:24:07Z You care about how fast benefits start because missed pay and medical bills add up fast. Colorado sets strict deadlines that can speed things up if you act early.

Key filing and decision clocks

Your report starts the process. Several clocks then run at the same time:
  • Employer to insurer: Your employer has 10 days to notify its carrier.
  • Insurer decision: The carrier has 20 days to accept or deny after the report.
  • Wage benefit wait: You must miss more than 3 days to trigger wage loss benefits.
  • Claim deadline: You have 2 years to file with the state.
  • Appeal window: You have 45 days to request an expedited hearing after a denial.
  • Settlement pay-out: Payment usually issues within 20 days after approval.
These timelines can move your claim from report to first payments within weeks if the claim is uncontested.

Factors that affect the timeline

Each case moves at its own pace. Some finish in weeks, others in months or longer:
  • Claim complexity: Straightforward claims with clear injuries resolve faster than those involving disputes over medical evidence or cause.
  • Appeals and hearings: If denied, appeals can add months or even years before benefits are finalized.
  • Settlement process: Lump-sum settlements take time especially when they require court approval or structured payment terms.
  • Insurance company procedures: Internal processing or review delays can slow approvals and payments.
Understanding where delays occur helps you plan and avoid missed steps.

What you can do to expedite the process

You can take proactive steps to prevent unnecessary delays. Here’s what you can do:
  • File a claim promptly: Submit Form WC 15 as soon as possible even though you have up to two years from the injury.
  • Provide complete documentation: Include accurate medical reports, wage statements and treatment notes.
  • Stay in communication: Check in with your attorney and insurer to keep updates moving.
  • Hire an experienced attorney: Skilled legal help can anticipate issues and keep your case on track.
These steps reduce paperwork backlogs and help resolve disputes faster.

When a hearing becomes necessary

According to the Office of Administrative Courts (OAC), most hearings occur 120–180 days after a request is filed and judges issue written decisions within 15 business days. If needed, you can appeal within 20 days, adding up to several months to the process.

Getting help with your claim

Colorado’s workers’ comp process may seem straightforward but disputes, appeals or permanent disability evaluations can slow your benefits. Consulting an experienced workers’ compensation lawyer can help you meet key deadlines, resolve disputes and understand your settlement rights. ]]>