Claims Kit

Posting Requirements  Rule 3-6

Employers must continuously post a notice to employees in one or more conspicuous places on the employer's work site advising employees that the employer is insured for workers' compensation as required by law. This must identify the name of the employer's insurance carrier--or state that the employer is self-insured--and contain information about the Colorado workers' compensation system. This must be on a form prescribed or approved by the Division and furnished by the carrier or self-insured.

Employers also must continuously post a notice to employees in one or more conspicuous places on the employer's work site advising employees that written notice must be given to an employer within 4 working days after an injury.

This poster must be displayed on the workplace premises and provide notice to the employee of the requirement to report all work-related injuries to the employer. In addition, notice is provided that benefits may be reduced if the injury results from use of a controlled substance. The poster must be at least 11 x 14". It may be printed on (2) 8.5 x 11" pages and taped together.

Physician Selection 8-43-404(5)(a)(III)(A)

In Colorado, the employer or insurance company has the right in the first instance to select the physician who attends an injured employee. This becomes the designated medical provider.

The statute requires with some exceptions, that a list of at least four physicians, corporate medical providers, or a combination of both, where available, be provided by the employer so as to afford the injured employee the opportunity to select a treating physician. At least one of the designated providers must be at a distinct location from the other three and have distinct ownership. 

If no physician is properly designated, the employee may attend the health care provider of his or her choice.

An employee may obtain a one-time change in the designated authorized treating physician under this section by providing notice that meets the following requirements:

The notice is provided within ninety days after the date of the injury, but before the injured worker reaches maximum medical improvement;

The injured worker must complete and sign the form established by the division for this purpose, form WC03 - Notice of One-Time Change of Physician.

The insurer must file any objection to the request in writing on a form prescribed by the director within 20 days of the certificate of service of the request form.

If permission is neither granted or refused within 20 days, the insurer is deemed to have waived any objection to the request.

The law requires an employer to notify the insurance company of an injury within 10 days no matter how minor the injury. This is done by filing an Employer's First Report of Injury form (WC-1). It must be submitted electronically. Any concerns regarding the work-related connection or validity of a claim should be documented and filed with the First Report form. Timely filing is critical as the carrier cannot pay compensation benefits or medical bills until it has knowledge of the injury and has the opportunity to evaluate liability.

Failure of the employer to file this report in a timely manner may result in penalties against the employer.

Notice of a fatality or an accident in which 3 or more employees are injured should be provided to the Division immediately. 

Filing the Employer's First Report of Injury is not necessarily an admission that the employer agrees with the facts of the incident. It is a statement that the employee is making a claim.

Penalties for Late Reporting  8-43-102

The injured worker must advise their employer of any injury within 10 days of sustaining the injury or illness. Failure to present notice to the employer in writing may result in the employee losing up to 1 day's worth of compensation for each day's failure to report.

The Claims Unit is requesting that all of the following be submitted tocdle_dowc_filings@state.co.us:

• General Admissions (WC 2)

• Final Admissions (WC 4)

• Petitions to Modify, Terminate, or Suspend (WC54)

• Request for Lump Sum Payment (WC62)

• *Motions to Close (WC 192) will be accepted only if you are able to provide email addresses for all parties, including the claimant, regardless of representation.*

The email should include:

• Onlyonedocument

  • For example, FA with attachments, GA with Support for Return to Work

  • Do not attach multiple attachments

• The subject line should includein this order:

  • WC#, Claimant first and last name, the type of document (FA, GA, Petition, Req for LS, MTC)

• The Certificate of Service will be the date it was emailed to the Division of Workers’ Compensation

We willnotbe requiring a hard copy to be submitted once you have access to regular mail as previously instructed

Please send the following tocdle_workers_compensation@state.co.us:

• Entry of Appearances (WC 6)

• Worker's Claim for Compensation (WC 15)

• Objections (WC 4 and WC 54)

• Address changes (Claimant and Attorney)