0

FAQ - Workers' Compensation Cases

WherThis information is provided as a courtesy, it does not represent legal advice. If you are unsure about how to apply this information, please contact an attorney.

General Questions

I got hurt at work and I want to file for workers' compensation benefits. Who can I talk to about this?

The OAC Staff can answer general procedural questions, like: "How do I apply for a hearing?" But OAC Staff cannot answer questions about the facts of your case or give you legal advice.

You may contact the Division of Workers' Compensation at (303) 318-8700 for general help to understand your case. If you feel you need legal advice, please contact an attorney who practices worker's compensation law.

What is a Notice of Contest?

A Notice of Contest means your employer or their insurance company is disputing your claim and will not voluntarily pay workers' compensation benefits. You can request a hearing with the OAC to prove that you were injured on the job and are entitled to benefits

What is compensability?

"Compensability" refers to whether you had an injury on the job and needed medical treatment or became temporarily or permanently disabled.

Where can I get more information about workers' compensation benefits?

The information on OAC's website is primarily intended to help you understand the hearing process. If you have general questions about the workers' compensation system, or the benefits that might be available, you should review the "Information for Injured Workers" on the Colorado Division of Workers' Compensation website. The DOWC's "Injured Worker Guide" is a great place to start. 

Getting a Hearing

How do I file an Application for Hearing?

To request a hearing with the Office of Administrative Courts (OAC), you need to complete one of the following forms:

  1. Application for Hearing
  2. Application for Expedited Hearing (available only for certain types of cases, as specified on the form)
  3. Application for Hearing - Disfigurement Only (if the only issue is disfigurement benefits related to scarring or other permanent, visible effects of an injury).

You can find these forms on the OAC's forms page. You may also contact OAC clerks by email or phone for assistance. Although staff at any OAC office can help you, it's best to contact the office where your hearing will take place.

Submit your completed Application to the appropriate OAC office by email, regular mail, or hand-delivery:

Where will my hearings be held?

The OAC holds hearings in Denver, Colorado Springs, Pueblo, Grand Junction, and Glenwood Springs. In most cases, the hearing must be scheduled in the office closest to where the claimant lives. But a judge can order the case to be heard in a different office if the parties agree or there is good cause to change the location of the hearing.

Can I have my hearing by video?

The OAC conducts many hearings by video. The process for scheduling a video hearing depends on whether your case is assigned to the Denver, Colorado Springs, or Grand Junction office. For specific details about scheduling a video hearing, contact the clerk at the office handling your case.

The OAC Uses Google Meet for video hearings. To help you prepare, please review our guide to using Google Meet and the OAC Code of Conduct for Virtual Hearings.

How are hearings scheduled?

The procedures for scheduling a hearing are different depending on (1) whether the party has requested an Expedited Hearing, and (2) whether the Application was filed by an attorney or an unrepresented party.

Expedited hearings must occur no more than 60 days from the date of the Application of Hearing. Because the time frame for scheduling an expedited hearing is much shorter than regular hearings, the OAC will choose an available hearing date and notify the parties.

For non-expedited hearings, when the party that requested the hearing is represented by an attorney, the parties will pick a date from the list of available hearing dates and file a Hearing Confirmation within 30 days after the Application was filed. The OAC clerk will then issue a Notice of Hearing.

If the party who filed the Application does not have an attorney, the OAC will issue a Notice to Set after receiving the Application. The parties then have 10 days to confer and choose an available hearing date. If the parties cannot agree, the OAC will select an available date and time and notify the parties of the hearing date.

How do I find out that dates are available for my hearing?

Non-expedited hearings must be set on a date that is within 120 days from the date of the Application for Hearing. The available hearing dates are posted on the OAC website. Click here to see the list of available hearing dates.

Can I settle my case without a hearing?

Cases are frequently settled without a hearing. The parties involved can discuss the issues and reach a settlement agreement at any time. 

Here are some steps you can take to explore settlement options:

  • Contact the opposing lawyer: You can reach out to the lawyer for the other side to discuss a potential settlement. 
  • Request a settlement conference: Call the Division of Workers' Compensation at (303) 318-8736 to arrange a settlement conference.

Please note: Settlement discussions or mediations do not pause your case. All deadlines and scheduled events remain in effect unless a judge changes them.

Getting Ready for a Hearing

Do I need a lawyer?

It is up to you to decide whether to hire an attorney to represent you. Remember, the judge is neutral and cannot give you advice or help you with your case. You can represent yourself, but an attorney is probably more qualified to help you present your case to the judge. Many lawyers offer a free consultation, and talking to an attorney can help you decide whether you need one. If you choose to represent yourself at the hearing, you must be familiar with workers' compensation law, hearing procedures (OAC Rules & DOWC Rules of Procedure), and the Colorado Rules of Evidence.

Can you give me the name of an attorney who can take my case?

OAC staff are not allowed to recommend specific attorneys. The Colorado Bar Association has a list of attorneys who handle workers' compensation cases.

What kind of evidence do I need for the hearing?

Although every case is different, the most common types of evidence you may need for your hearing include:

  1. Your testimony: You will usually be expected to testify at your hearing. This is your chance to tell the judge about your injury and other important facts about your case.
  2. Witnesses: Other people, including doctors or other experts, can testify to what they know about your case. Make sure to list your witnesses on your Application for Hearing or Response to Application for Hearing. 
  3. Documents: You may present documents related to your case, such as: 
    • Medical records and reports
    • Employer records
    • Wage records
  4. Other evidence: You may bring photographs or other items that support your case.

You must give copies of your evidence to the other side before your hearing. Medical records, doctor's reports, employer records, and vocational reports must be exchanged at least 20 days before the hearing. 

If you don't share these documents on time, the judge may not be able to consider them.

The judge can only consider evidence that's allowed by The Workers' Compensation Act and the Colorado Rules of Evidence. You will be required to follow these rules the same as a lawyer would.

How do I get records?

First, try asking the other party for copies of any documents they have that relate to your case. If you can't get the information you need by talking to the other side, you may send them written interrogatories. You can also subpoena relevant records from individuals, businesses, and government agencies. 

You can also request a Prehearing Conference from the Division of Workers' Compensation to resolve disputes about the exchange of records. 

What is "Discovery"?

"Discovery" is the process of finding out information about the other side's case before the hearing. Discovery helps both sides prepare for the hearing and can sometime even lead to a settlement once both sides have a better understanding of the case.

Discovery can include:

  • Documents (like medical records, employer records, or emails)
  • A summary of testimony from the party's witnesses.
  • Answers to written questions (called interrogatories)
  • Depositions, where people are asked questions under with outside of court

"Interrogatories" are the most common type of formal discovery in a workers' compensation case. These are questions the other side must answer in writing under oath. Interrogatories must be sent to the lawyer who represents a party. If the party does not have a lawyer, you must get permission from the court before sending them interrogatories.

If a party does not answer interrogatories within 20 days, the other party can file a motion for the court to order them to answer the questions. Any objections to the questions must also be raised within 20 days.

Discovery in workers' compensation cases is governed by Rule 9 of the Division of Workers' Compensation Rules of Procedure. Either party can request a Prehearing Conference with the Division of Workers' Compensation for help resolving disagreements about discovery.

How do I get a witness to come to the hearing?

You can have witnesses attend your hearing in one of two ways:

  1. Voluntary Attendance: Witnesses may come to your hearing voluntarily. 
  2. Subpoena: This is a legal document that requires a witness to appear at the hearing and testify or produce copies of documents. If you are not an attorney, a judge must approve and sign your subpoena(s).

You should contact OAC well before your hearing date if you need a subpoena.

Important requirements:

  • You are responsible for having the subpoena served on the witness; the OAC does not serve subpoenas.
  • The subpoena must be served at least 48 hours before the hearing (excluding weekends and holiday)
  • You must pay any required fees, including mileage or expert fees (for doctors or other experts).
If I file a motion, when will the judge rule on it?

There are two types of motions: opposed (contested) and unopposed. If the motion is unopposed, you should receive a ruling on the motion within a week.

If the motion is contested, the opposing party has ten days from the date of the motion to file a response. After any objection has been filed, or if no objection is received within the ten day period, you can expect a ruling within 7-14 days.

Can I talk privately with the judge about my case?

No. The judge cannot talk to one party unless the other party also has a chance to participate in the discussion. If you need to ask the judge for something, you should file a motion and provide a copy of your motion to the attorney for the other party.

What is a CIS?

A Case Information Sheet ("CIS") is a form each party must file to advise the court about the upcoming hearing (except for disfigurement hearings). The judge uses this form to decide which cases will be heard first, and how long each case will have. Among other things, the CIS states:

  • the issues each party plans to address at the hearing,
  • the witnesses each party plans to call,
  • whether the witnesses will testify in person, by video, or by phone,
  • whether there are any disputes about discovery, and
  • any stipulations (agreements) between the parties.
What happens if I don't file a CIS?

The parties are required to file a CIS between 5 to 20 days before the hearing. If a party does not file a CIS, the judge may cancel the hearing, require a party to show good cause why the issues or defenses should not be dismissed, or reschedule the hearing to a later date. The judge may also decide to go forward with the hearing 

The Hearing

What will happen at the hearing?

When your hearing begins, the judge may ask each side what the issues are and what each side intends to prove. Each side will then introduce evidence to prove its case. Evidence can include testimony from witnesses and documents such as medical reports or employer records.

Your evidence will usually include some documents, such as medical records or employer records. Either party may object to documents that are not allowed under the Workers' Compensation Act or the Colorado Rules of Evidence. If there is an objection, the judge will decide whether to allow documents into evidence. 

Each side is allowed to call witnesses, who will take an oath to tell the truth. You may call witnesses and you may testify yourself. 

  • The judge may ask a few questions, but you will mostly need to tell your side of the story without the judge's help. Then the other side's lawyer will ask you questions, which is called cross-examination. 
  • If you call witnesses, you may ask them questions about the facts of your case. Then the lawyer for the other side may have cross-examination. You can then ask more questions about matters brought up during cross-examination.
  • You will also be allowed to cross-examine the other side's witnesses.

After the witnesses have finished testifying, the judge may allow each side to make a closing argument. A closing argument is a summary of what the evidence showed and why the law supports your case. It is not a chance to testify about things you did not already present during the hearing. Sometimes the judge will allow the parties to make their closing argument in writing after the hearing. 

Which side goes first in presenting the evidence?

In most cases, the injured worker has the burden of proof, and therefore will present their evidence first. Occasionally, the insurance company or the employer has the burden of proof and will go first to present their evidence.

Who will be at the hearing?

Usually, attorneys for both parties will be at the hearing. A representative of the employer or insurance company may also be present, along with any witnesses that either side plans to call.

Are the hearings confidential?

Workers' compensation hearings are open to the public, but the evidence in the OAC file is not a public record. A party can ask the judge to close the hearing to the public if it involves sensitive or personal information.

Is it OK to bring letters instead of witnesses?

A written statement by a witness who is not at the hearing is usually not allowed. There are exceptions to this general rule for medical reports and records of your employer, as long as they were exchanged with the other side at least 20 days before the hearing.

If I forget something, can I send it to the judge later?

Generally, no. Only in rare cases will the judge accept evidence after the hearing.

What if I need an interpreter?

If you or a witness needs a language interpreter for the hearing, the OAC will provide one for you. To request an interpreter you must submit an Interpreter Request Form. Make sure you file your request as soon as possible, because a last-minute request may cause your hearing to be postponed if we don't have enough time to schedule an interpreter.

If you need a sign-language interpreter, contact the appropriate OAC Office as soon as possible. 

Will the hearing be accessible to people with disabilities?

Hearing locations are accessible to persons with disabilities. If you know that someone who plans to attend the hearing has special needs, please contact the OAC Office as soon as possible so reasonable accommodations can be made. 

What if I can't be there on the day set for the hearing?

If you can't attend the hearing on the scheduled date and time, you should contact the other party as soon as possible, and ask if they agree to change the hearing date. 

  • If they agree: File an unopposed motion with the OAC to change the hearing date.
  • If they don't agree: Immediately file a motion asking to reschedule the hearing. You need a good reason to change a hearing date, so be sure to explain why you need more time.

The earlier you make your request, the better your chances of having it approved.

What happens if I don't go to the hearing?

If you are the party who requested the hearing, the judge will issue an order requiring you to explain why you did not attend the hearing. This is called an "Order to Show Cause." If you do not show good cause within the time set by the judge, your case may be dismissed.

If the other side requested the hearing, The hearing may proceed without you. If you do not show good cause for missing the hearing, the judge may make a decision based only on the evidence presented by the other party.

How long will my hearing take?

The length of hearings depends on the issues and the number of witnesses each side calls. Hearings with simple issues and few witnesses may only take 30-45 minutes. Complex cases with many witnesses can take several hours, or even more than one day. On average, most hearing last 1 to 2 hours.

How long will it take to get a decision after my hearing?

Occasionally, the judge will tell the parties the ruling at the end of the hearing. But most of the time, the judge will issue a written decision several weeks after the hearing. The judge is required to issue their decision within 15 working days after the record is closed. Sometimes the parties will file written position statements or additional evidence after the hearing. In those cases, the 15 working day period starts when the judge receives the additional documents or evidence.

Appeals

What if I don't agree with the judge's decision?

If you want to appeal the judge's order, you must file a Petition to Review within 20 days after the date the judge's written order was served or mailed. This time limit is very important: if you do not file a Petition to Review on time, you may lose the right to appeal. The Petition to Review must be filed at the OAC office in Denver, regardless of where the hearing took place. 

If you need a transcript of the hearing for your appeal you must file the Petition to Review and Transcript Request. You will have to pay for the transcript unless the Director of Workers' Compensation determines that you are indigent. If you appeal the judge's order, you will be required to submit your arguments in writing, called a "brief." The OAC clerk will notify you of the deadline to file your brief. After the period for filing the briefs has ended, the OAC clerk will send the file to the Industrial Claim Appeals Office. 

How do I get a copy of the transcript of the hearing?
  • If you are requesting the transcript as part of an appeal, you must file a Petition to Review and Transcript Request in the office designated in the judge's order.
  • If you are not requesting a transcript in connection with an appeal of the judge's order, you may request either a transcript or a copy of the audio recording by submitting an Audio Request Form at the OAC Office where your hearing was held.
Do I have to pay for a copy of a transcript?

Unless you are indigent, you will have to pay for the transcript that you request. If a party has already obtained a transcript and if you are a party authorized by a party to inspect the OAC file, you may review the transcript in the hearing file. Section 8-43-213(4).

How long will it take to get a transcript?

Transcripts must be prepared within 25 working days after the request (approximately five calendar weeks). The transcriptionist or a party may request that an extension of time be granted by a judge.