Workers Comp Claim?

[WheatRidge7744]

Colorado

Is there a law saying you have to file a workers comp claim if you’re injured at work? Can your job force you to do it?

I was recently injured at work and my insurance covered all the bill. I’m out a few months but I don’t want nor need the money that would come along with a workers comp claim.

I’m only wondering if I’m breaking any type of law by not filing one?

No need to question why I don’t want to file. That’s irrelevant.

Thanks!

 

[LdiJ]

Colorado

Is there a law saying you have to file a workers comp claim if you’re injured at work? Can your job force you to do it?

I was recently injured at work and my insurance covered all the bill. I’m out a few months but I don’t want nor need the money that would come along with a workers comp claim.

I’m only wondering if I’m breaking any type of law by not filing one?

No need to question why I don’t want to file. That’s irrelevant.

Thanks!

The employer is breaking the law if they have not immediately reported the incident to the worker's comp insurance company.

 

[Zigner]

Furthermore, your own personal insurance can go after the employer for reimbursement...and to add icing to the cake, your failure to tell your insurance company about the third party liability can lead to your insurance being cancelled.

 

[quincy]

Here is a link to the law: https://www.colorado.gov/pacific/cdle/dwc

 

[PayrollHRGuy]

And if you are going to be off work for months why would you not want the income?

To expand on Zigner's post...

The standard form medical providers use to report claims to the insurance carriers has a box that asks if the injury/illness was work related. If your medical provider knew it was work related his staff checked that box so you medical insurance carrier will at some point know it was work related.

 

[quincy]

The employer is breaking the law if they have not immediately reported the incident to the worker's comp insurance company.

An employee should report an injury at the workplace to the employer within 4 days of the incident and the employer must notify the insurance company within 10 days.

 

[WheatRidge7744]

And if you are going to be off work for months why would you not want the income?

To expand on Zigner's post...

The standard form medical providers use to report claims to the insurance carriers has a box that asks if the injury/illness was work related. If your medical provider knew it was work related his staff checked that box so you medical insurance carrier will at some point know it was work related.

I don’t need the income. My doctor asked if it was work related and I told them yes but asked they mark no. And they did. I can’t prove it happened at work. The burden of proof is on me. I can’t prove it.

Furthermore, your own personal insurance can go after the employer for reimbursement...and to add icing to the cake, your failure to tell your insurance company about the third party liability can lead to your insurance being cancelled.

My insurance provider covers work related injuries. They’re aware it likely happened at work but again.... Burden of proof.

 

[quincy]

I don’t need the income. My doctor asked if it was work related and I told them yes but asked they mark no. And they did. I can’t prove it happened at work. The burden of proof is on me. I can’t prove it.

My insurance provider covers work related injuries. They’re aware it likely happened at work but again.... Burden of proof.

The law requires an employer report an injury to his insurer, even if the injury is a minor one. Your employer is unwise to not report it.

 

[cbg]

Is your insurance provider employer sponsored? Either your employer or your spouse's?

If not, what is its source?

By not reporting it to your employer, you are putting them in the position of unknowingly violating the law, even if you personally are not violating it.

 

[LdiJ]

An employee should report an injury at the workplace to the employer within 4 days of the incident and the employer must notify the insurance company within 10 days.

I personally got in trouble in Indiana for not reporting a workplace injury, as the employer, the same day. I reported it just 3 days later but it was a MAJOR deal that I did not report it the same day.

If Colorado is different on that...good news for the employer.

 

[quincy]

I personally got in trouble in Indiana for not reporting a workplace injury, as the employer, the same day. I reported it just 3 days later but it was a MAJOR deal that I did not report it the same day.

If Colorado is different on that...good news for the employer.

Colorado is not Indiana. I provided a link to Colorado's law.

The employee should report injury in writing to employer within 4 days; the employer should report injury to insurance company within 10 days.

Reporting an injury sooner rather than later would probably be smart, however.

 

[PayrollHRGuy]

I don’t need the income. My doctor asked if it was work related and I told them yes but asked they mark no. And they did. I can’t prove it happened at work. The burden of proof is on me. I can’t prove it.



My insurance provider covers work related injuries. They’re aware it likely happened at work but again.... Burden of proof.

People/entities that have or will have violated the law if what the OP has written is true.

The OP- Failure to report the injury in writing.
The OP's Employer- Failure to report the injury to their carrier and hence the state.
The OP's Doctor- Insurance fraud.

 

[quincy]

People/entities that have or will have violated the law if what the OP has written is true.

The OP- Failure to report the injury in writing.
The OP's Employer- Failure to report the injury to their carrier and hence the state.
The OP's Doctor- Insurance fraud.

I cannot quite understand why someone would not report an injury.

 

[ShyCat]

I cannot quite understand why someone would not report an injury.

One possibility is fear of mandatory drug testing.

 

[quincy]

One possibility is fear of mandatory drug testing.

That sounds like a good guess.

I would have asked WheatRidge but he said the reason was "irrelevant."