USCC Workers Comp 2024 - 99

2024 Analysis of Workers' Compensation Laws | 99
Chart XI-Administration: Notice to Employer and Claims, cont.
Jurisdiction Administration
Notice to
Employer
Colorado
Division of
Workers'
Compensation;
Office of
Administrative
Courts handles
hearings
In writing
within 10 days;
excusable
(claimant may
lose up to
one day after
injury, death,
or employee's
first knowledge
of injury
or illness
compensation
for each day's
delay).
Connecticut Workers'
Compensation
Commissioner;
one chair and 15
members
Forthwith;
excusable8
Within one year after
accident or within three
years of first manifestation
of disease. If death results,
within two years after
accident or disease, within
two years from accident
or disease, or within one
year from death, whichever
is later.
Delaware
Office of
Workers'
Compensation
If notice not
given in 90
days, no
compensation
due until notice
or knowledge
of injury
District of
Columbia
Office of
Workers'
Compensation
In writing
within 30 days;
excusable
Within one year after
accident or last payment
Within two years after
injury, death, or five years
from last payment.
By agreement, on approval of
commission. Disputed cases
settled by commission.
Judgment on
filing in Superior
Court. Award has
preference rights on
unpaid wages.
By Compensation Review
Board9
within 20 days
By commissioner during
compensation period
Subject to approval by
commissioner. 20% of total
award in most cases.
Claim Filing
Within two years after injury
or death.6
Does not apply
if compensation paid or if
reasonable excuse within
three years.
By agreement approved by
Director or ALJ. Disputes may
be resolved through mediation,
prehearing conference, and
formal hearings.
How Claims Are Settled Award Effect
Judgment on filing
copy of award
against uninsured
employer in District
Court; decision of
award is effective
upon finality.
Review by Agency
By Director or ALJ within
20 days, then by Industrial
Claims Appeals Office within
20 days
Modifications
Reopening by director
within six years from
date of accident or
two years after last
payment, whichever is
later.7
Attorney's Fees
On unappealed and contested
fee not exceeding 20% of
the amount of the contested
benefit shall be presumed
to be reasonable. Director
determines reasonableness of
fee on request of claimant or
attorney.
By agreement, on approval of
board. Disputed cases settled
by board and/or hearing officer
after hearing.
Preference rights of
unpaid wage claims
By board and/or hearing
officer at any time,
but no more than once
every six months
Attorney/client agreement
By agreement, subject to
approval of Office of Workers'
Compensation; approval
automatic if both parties are
represented by legal counsel.
District of
Columbia
Government
Workers
Office of
Benefits
Administration
48 hours;
extended for
cause
Within 60 days after injury
or one year after death;
extended for cause.
By the Office of Disability
Compensation.
Award is effective
upon filing.
By Compensation Order
Review Board
By office issuing the
award within one year
after last payment or
denial of claim on own
motion or application of
interested party
Fund pays award.
By administrator upon own
motion or application at any
time
By administrator
By office or court before which
work was performed
Subject to approval by
administrator, office, or court
before which the work was
performed.
USCC Workers Comp 2024

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