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Can a wokers comp. insurance close down a claim for medical coverage when the injured worker has sustained a head injury?

Pueblo, CO |

My ex incurred a work related head injury and the work comp closed his case in 6 months, without receiving treatment according to work comp guidelines. Head injuries are open medical for life. He is receiving NOTHING! He cannot work, is in constant pain,has major cognitive issues, he did not receive any compensation for his head injury, has to pay back over $16,000 back to work comp because his so called lawyer put an inexperienced, incompetent lawyer from his firm on his case. My ex had a brain injury in which he did not understand nor was informed of what was happening with his case until the lawyer told him they lost and withdrew. Can someone PLEASE come forward and help him, either with a mal-practise on contingency or with reopening his claim for benefits due him?

Attorney Answers 4


  1. You are probably not going to see people jumping at the opportunity to sue another Attorney based upon your subjective interpretation, on 10% of the salient facts. You will really need to make some calls in your area and sit down with 2 or 3 WC Attorneys to see if anyone has a remedy after reviewing ALL the facts in the context of the Colorado WC system. However, I would not delay as most statutes only have a short time to Appeal if the facts justify reconsideration.

    We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.


  2. In any legal action, if the injured party fails to assert their rights in a short amount of time, they surrender their rights.

    Even people with brain injuries MUST ASSERT THEIR CLAIM timely, or the insurer has the right to petition for a dismissal or just close their claim...
    ...that said, just because a comp carrier writes that a claim is 'closed' does NOT mean that is the end of the claim.

    TYPICALLY the injured worker has 1 year from the date of injury to obtain evidence of injury and disability and file for a hearing. BUT HE IS JUST ABOUT OUT OF TIME.

    Instead of posting on avvo, TAKE HIM to an appointment with a Workers Comp attorney recommended by your County Bar Association immediately.

    i've posting the colorado division of workers comp link for Injured workers...forward this to him tonight.


  3. If the case was lost by the inexperienced lawyer and appeals have failed, then the workers compensation case is over with. The next step is to consult lawyers about a legal malpractice claim. However, this assumes the head injury case was winnable with reasonable legal diligence. The other lawyers on this forum have told you about your time limit. You should not delay.

    This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.


  4. You ned to consult with an experienced workers compensation lawyer in Colorado as soon as possible to determine if the workers compensation portion of the claim was handled properly. There may still be a possibility that the workers compensation claim can be reopened if the head injury portion is worsening. A good work comp atty can also determine if there was something that could have been done in the work comp case that wasnt done to give your husband a better chance to be successful. Having a judge deny a claim is not a reason to claim that there is attorney malpractice, however an experienced work comp atty can look at all the facts, including what happened at hearing and be in a better place to advise you.

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