Self-Represented Litigant Advisement - WC Hearings
You have the right to be represented by an attorney of your choice at your expense. The Colorado Bar Association offers a list of attorneys who handle workers' compensation cases, which is available by clicking the link provided or by typing the web address into your browser. Alternatively you may request a copy of this list.
You also have the right to represent yourself at your hearing. If you choose to do so, you will be expected to know the law and follow the rules just like an attorney would. The judge cannot assist or guide you if you choose to represent yourself.
If you choose to represent yourself, you must be familiar with:
- The Colorado Workers' Compensation Act (Articles 40-47 of Title 8 of the Colorado Revised Statutes)
- The Colorado Rules of Evidence
- The Division of Workers' Compensation Rules of Procedure found on Division's website at https://cdle.colorado.gov/dwc
- The Office of Administrative Courts Rules of Procedure found on the OAC's website at https://oac.colorado.gov/resources
- Court decisions from previous cases that relate to the issues in your case
You will be expected to follow the laws and rules even if you do not know them. The judge cannot ignore these requirements or make exceptions simply because you are not an attorney. While you may testify on your own behalf and present your evidence, the judge may not help in any way or give you guidance.
Failure to follow the laws and rules may result in adverse decisions or sanctions including dismissal of your claims or the assessment of attorneys fees and costs against you.
If you do not like the result of the hearing, you will not be able to get a new hearing just because you want an attorney to assist you. While you may have the right to appeal the decision, an appeal is not a second chance to present your case.
At the beginning of the hearing, the judge will ask if you understand this information and if you want to proceed without an attorney or if you want to obtain an attorney. You must be prepared to answer this question.