Law Office of O'Toole & Sbarbaro, P.C. - Did you know?

• in a workers' compensation dispute, the burden of proof is on the injured worker to demonstrate entitlement to benefits?

Under Colorado law, when a disagreement arises as to whether an injured worker is entitled to receive workers' compensation benefits, the final determination will be based on the individual facts of a claim and a preponderance of the evidence--that is--which side can offer the most convincing evidence as to how the injury occurred and whether benefits are due.  In practice, this generally means that when an insurance company has denied liability (responsibility) for payment of benefits, or has failed to respond, it will be necessary for the injured worker to move the claim forward (prosecute) by requesting a hearing and presenting sufficient evidence to prove that benefits should be paid. 

Because it is unlikely that either side will be permitted to introduce evidence after the hearing, it is important to be fully prepared and to comply with all (notice, filing and exchange of information) requirements.  For information about representing yourself at hearing, or for general information on the hearing process, see the brochure:    So, You are Thinking of   Representing Yourself in your Workers Compensation Case...    Also, the rules governing this process may be found under Rule VIII, Workers' Compensation Hearings.  In addition, a partial list of workers' compensation attorneys provided by the Colorado Bar Association, may be obtained by clicking on:  Workers' Compensation Attorney List

Original Source

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.

http://www.otoole-sbarbaro.com

Phone: 303-595-4777

We are located in the Denver Metro area.

226 West 12th Avenue Denver, Colorado 80204

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