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Colorado Unemployment Questions
If I file an appeal of a decision, do I need an attorney?
You are not required to have an attorney to participate in the appeal hearing, which is an administrative proceeding. The majority of parties do not have an attorney representing them. However, only you can decide whether you need an attorney. The UI Program does not provide an attorney for hearings.
Will the appeal process stop my unemployment benefits?
If the UI Program grants you UI benefits, an appeal does not stop UI benefit payments as long as you continue to meet all other requirements. However, if a UI Program decision grants you UI benefits and an appeal changes the decision to a disqualification or disallowance, you may need to repay the UI benefits you received.
How and when should I file a claim for benefits?
You cannot be paid unemployment benefits for any period of time before the date you actually file a claim for benefits. If you are unemployed or if your work hours are reduced to less than full time, you may file a claim for benefits. If you file a claim Sunday through Wednesday, your claim will be effective the week you file. If you file a claim on Thursday through Saturday, your claim will be effective the following week. You have the right to leave a job for any reason at any time, but the circumstances of the separation will determine if and when you will receive benefits. When you file a claim, we will ask you and your employer for the reason for your separation. Based on this information, we will make a decision that will determine if and when you will receive benefits.
How does the Unemployment Insurance Program determine who is eligible?
The Unemployment Insurance Program requests information from both the claimant and the employer as to the reasons for the job separation. Those facts are then evaluated according to the requirements as stated in the Colorado Employment Security Act.
I have been hurt on the job. What do I do?
If you experience a life or limb threatening injury on the job, seek immediate medical attention at the nearest emergency room and then notify your supervisor in writing. A life or limb threatening injury means an injury that you believe threatens a portion of your body or your life in such a way that immediate medical care is needed to prevent your death or serious damage. In all other instances, notify your employer or supervisor that you have been injured before obtaining any medical care. All injuries, no matter how small, should be reported to your employer.
If your employer has designated a medical provider before or at the time of the injury, you will be required to see that provider for medical care. If you choose to seek your own medical care it may result in nonpayment of medical benefits and you may be liable for your medical costs. If your employer does not direct you to a medical provider, you may seek treatment from the provider of your choice.
By law, you must notify your employer in writing within four working days of an injury, even if you have advised them verbally. If you do not report your injury to your employer in writing within four working days, you may be penalized and lose up to one day's compensation for each day's delay, provided that your employer has posted a sign requiring four days' written notice. You may still file a claim for benefits even if you are late reporting the injury to your employer.
The insurance company has not responded or has denied my claim. What are my options?
The insurance company may deny your claim for a variety of reasons. If this happens, you should contact the insurance company adjuster to discuss this decision. Sometimes a claim is denied because the insurance adjuster does not have complete and accurate information. You may be able to supply important information to assist the process. An insurance company may also deny a claim if the adjuster has reason to believe that the injury is not work related or if it is believed that further investigation is necessary.
If the workers' compensation insurance company denies your claim, you may be responsible for all medical bills associated with the illness or injury. You may then be eligible for coverage through your private health care insurance policy. If you feel your claim has been incorrectly denied, there are several options available to you. For more information on these options and the time limits that must be followed, contact the Division of Workers' Compensation.
Can I choose my own doctor for an on-the-job injury?
Your employer has the right in the first instance to designate the medical provider that injured employees must use. If your employer does not do so at the time of the injury, you may choose your own medical provider.
After the claim is filed, the insurance company may request that you be examined by another doctor of its choice, at its expense. If you do not go to this examination, the insurance company may ask the Division for permission to stop your benefits.