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6 Common Mistakes That Can Hurt Your Workers’ Comp Claim in Colorado

From late reporting to ignoring restrictions, see what can derail your workers’ comp case in Colorado.
Last Updated: September 23, 2025 14:43:39

Being injured on the job can majorly interrupt your life, saddling you with increasing medical bills and no income. A Colorado workers’ compensation claim is designed to make this difficult time easier. When you successfully file for workers’ compensation, you can get your medical expenses covered and continue to earn income for as long as it takes to recover.

Unfortunately, when people try to navigate these claims without the help of a workers’ compensation lawyer in Colorado, it’s easy to make a mistake. In this article, we’ll talk about seven common mistakes to avoid when filing a claim:

1. Failure To Report Your Injury

When some people are injured at work, their first instinct is to hide it for fear that they might be disciplined. But if you don’t report the injury to your employer, you’re jeopardizing your Colorado workers’ compensation claim. Even if the injury seems small, make sure you report it immediately and document the circumstances under which it occurred.

2. Going to the Wrong Doctor

Colorado law gives your employer the right to choose your treating physician for a workers’ comp claim. If your employer selects a specific workers’ compensation doctor for you, you have to submit to an exam by that doctor to be eligible for workers’ compensation coverage.

If your employer doesn’t select a doctor for you, you can go to any doctor you want, as long as that doctor is qualified to diagnose your injury. You couldn’t, for example, ask your obstetrician to diagnose you with a soft tissue injury.

3. Ignoring Work Restrictions

Depending on the nature of your injury, a doctor may place specific restrictions on the type of work you can and can’t do. You need to follow these restrictions. If the insurance company can prove that you’re able to do things your doctor says you can’t, then you’ll be ineligible for a higher workers’ compensation award and could lose your claim altogether.

4. Not Telling Your Doctor the Specifics of Your Injury

When it comes to reporting your injuries to your doctor, be forthright about the symptoms, especially pain. Minimizing your pain or glossing over the specifics of how you received your injury can harm your Colorado workers’ compensation claim.

If your doctor doesn’t know the full extent of your pain, they may recommend the wrong treatment, which can jeopardize your claim. Likewise, if your doctor doesn’t know every detail of how you sustained your injury, they may incorrectly underestimate its severity.

5. Giving a Recorded Statement to Your Insurance Company

Insurance adjusters may ask you to provide a recorded statement shortly after your injury. While this might seem like a routine request, insurers often use these statements to weaken your Colorado workers’ compensation claim. Even something as simple as uncertain wording or a missed detail can later be used to dispute your credibility or suggest your injury isn’t work-related.

You are not legally required to give a recorded statement without first consulting a Colorado workers’ compensation attorney. An attorney can help you understand what information should and should not be shared, and can guide you through providing a statement.

6. Not Working With a Workers’ Compensation Lawyer in Colorado

Many injured workers try to manage their claim alone. But the workers’ comp process in Colorado is full of deadlines, forms, and legal nuances. Making a single mistake could delay your benefits or completely derail your case.

An experienced workers’ compensation lawyer in Colorado can help you handle your claim. They know how to navigate the claims process effectively, preventing mistakes and earning you the benefits you need sooner.

McDivitt Law Firm: The Workers’ Compensation Lawyers

The guiding principle when you interact with anyone – doctors, your employer, or the insurance company – is to consider whether what you’re saying will help or hurt your Colorado workers’ compensation claim.

If you can’t be sure or you have concerns, it’s time to talk to a workers’ compensation attorney in Colorado. Contact one of the experienced workers’ compensation lawyers at McDivitt Law Firm today for a FREE consultation.

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