How to Apply for Partial Disability in Colorado
An on-the-job injury that leaves an employee partially disabled can be financially devastating if he's not compensated for lost wages and benefits. Each state is responsible for implementing and overseeing workers' compensation laws to protect employees in these situations.
In Colorado, the state does not provide benefits for partial disability, but the Division of Workers' Compensation does act as a resource for employees denied assistance from the employer or whose employer does not file paperwork on their behalf. Employees who have been injured at work or have developed an illness related to their job should first contact their employer who is legally obligated to provide workers' compensation insurance.
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Instructions
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Notify the employer, verbally and in writing, of the injury or work-related illness. The Colorado Workers' Compensation law requires that employers be notified within four days. An employee can still apply to receive lost wages and benefits past this four-day mark, however the amount may be reduced. The employer will then file paperwork with the insurance company.
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Follow up with the insurance company. The insurance company has 20 days from the time the report was filed to admit liability and authorize payment for medical claims. If responsibility or payment is denied, the employee can contact the Colorado Division of Workers' Compensation for assistance.
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Make an appointment with a physician to receive a disability rating. If the insurance company agrees to pay medical benefits, it will do so on a temporary basis until the employee sees a physician to assess their injury or illness. The employer will either choose the physician or allow the employee to choose their own.
The physician will assign a disability rating once the employee has recovered from the injury or illness to the fullest extent possible. If applicable, the physician will rate the employee as having either a total permanent disability or partial permanent disability. The physician will then provide the rating to the employer's insurance company. If the employee disagrees with the rating, she can also contact the Colorado Division of Workers' Compensation.
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Verify payment for lost wages and medical claims with the insurance company. If the physician determines that the employee has a permanent partial disability, the employee will receive weekly benefits for a certain amount of time. Follow up with the insurance company to determine the amount of these benefits and their time of delivery.
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Tips & Warnings
Keep records of all communication with your employer, insurance company and Colorado Division of Workers' Compensation.
References
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