2020 Analysis of Workers' Compensation Laws - 99

Chart XI-Administration: Notice to Employer and Claims, cont.

2020 Analysis of Workers' Compensation Laws | 99

Jurisdiction

Administration

Colorado

Division of
Workers'
Compensation;
Office of
Administrative
Courts handles
hearings

Connecticut

Notice to
Employer

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

In writing
within
four 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).

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.

Judgment on filing
copy of award
against uninsured
employer in District
Court; decision of
award is effective
upon finality.

By Director or ALJ within
20 days, then by Industrial
Claims Appeals Office within
20 days

Reopening by director
within six years from
date of accident or
two years after last
payment, whichever is
later.7

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.

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.

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.

Delaware

Office of
Workers'
Compensation

If notice not
given in 90
days, no
compensation
due until notice
or knowledge
of injury

Within two years after
injury, death, or five years
from last payment.

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

District of
Columbia

Office of
Workers'
Compensation

In writing
within 30 days;
excusable

Within one year after
accident or last payment

By agreement, subject to
approval of Office of Workers'
Compensation; approval
automatic if both parties are
represented by legal counsel.

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

By office or court before which
work was performed

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.

Fund pays award.

By administrator upon own
motion or application at any
time

By administrator

Subject to approval by
administrator, office, or court
before which the work was
performed.
2020 Analysis of Workers' Compensation Laws

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