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How long does workers’ compensation take to settle my case?

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A serious workplace injury can have serious effects on your health and your ability to financially support your family. While you recover from your injury, you may not have a way to earn an income. A workers’ compensation claim may help you get financial relief by providing income while you get medical care. Unfortunately, work comp does not pay 100% of your wages, so an important question you may have is: how long does it take to settle a workers’ compensation case?

What is workers’ compensation?

Workers’ compensation, often known as work comp, workers’ comp, or workman’s comp, is a Colorado state run program that provides financial support to workers injured on the job. Workers’ compensation in Colorado primarily pays for medical treatment for your workplace injury and pay benefits to replace some of the income lost due to your injury.

Workers’ comp is the primary legal tool to get you money for a workplace injury. Most workplace accident injuries fall within work comp under Colorado law. Some workplace injuries fall outside of the Colorado work comp system. If somebody unrelated to your employer caused your injuries, you may be able to collect work comp benefits and separate claims against the third party.

Workers’ comp in Colorado is a no-fault system. Under most cases it does not matter how you received an injury at work. If you suffered an injury at work or due to your work, your employer’s work comp coverage generally must pay benefits. Workers’ compensation applies even if you cause your own injury. For example, if you slip off a ladder and hurt yourself, you can still collect work comp benefits.

Any Colorado employer that employees at least one non-owner must carry workers’ comp coverage to protect its workers. If your employer does not carry work comp coverage, it may face consequences including:

  • Paying work comp benefits out of pocket;
  • Fines assessed by the State of Colorado;
  • Jail time;
  • Losing the right to continue conducting business in the state.

As a worker you do not have to file a workers’ comp claim for a work injury; however, if you don’t file for work comp benefits you may not be able to recover for your injuries and lost wages any other way. If you suffer a work injury and discover your employer does not have work comp coverage, talk to a Colorado workers’ compensation attorney right away.

How does workers’ compensation in Colorado work?

Workers’ compensation has a few requirements for who and when you can file a successful workers’ compensation claim in Colorado. As discussed above, workers’ comp in Colorado is a no-fault system, so you do not have to prove your employer or a co-workers caused your injuries due to intentional or negligent acts. Generally, to qualify for work comp benefits in Colorado you must meet five eligibility requirements.

  1. You must be an employee of the business;
  2. The employer must have workers’ comp coverage;
  3. The injury is work-related;
  4. The employee met the reporting and filing deadlines;
  5. The worker attends all medical care appointments and follows through on recommended treatment.

An important issue that may arise with a workers’ comp claim is whether you are an employee or independent contractor. Independent contractors are not covered by workers’ compensation. If your employer’s work comp insurance company denies your claim because you are allegedly an independent contractor, talk to a workers’ compensation attorney in Colorado. Often employers misclassify employees as independent contractors. Just because your employer says you are an independent contractor does not make it true.

What is the timeline to settle a workers’ compensation claim in Colorado?

Workers’ compensation will begin paying for medical care and lost wages shortly after filing your claim (in most cases). A claim settlement may occur down the road and different lengths of time, depending upon your treatment and injuries. This is a typical timeline for a workers’ compensation case to settle in Colorado.

The injured worker files a workers’ comp claim with the employer

Your first step after obtaining any necessary emergency medical care is reporting the workplace injury to your employer. Your employer may challenge the claim, but if they do not challenge the claim you can expect to begin to receive pay benefits within a few weeks. These pay benefits make up a portion of your average weekly pay. These payments are not a settlement. These are ongoing payments while you cannot return to work in your regular position.

You continue to obtain medical treatment until you reach maximum medical improvement

You cannot get work comp payments without attempting to heal from your injury. You will need to establish care with a physician who will recommend a treatment plan to try to get you back to work. Eventually you will reach maximum medical improvement (MMI). Maximum medical improvement means you either returned to your pre-injury health condition or your physician determined you improved as far as treatment can get you. If you do not fully heal, your doctor will give you an impairment rating.

Receive a lump sum settlement

If you receive an impairment rating, your physician determined you are partially or totally permanently disabled. You then may receive a lump sum settlement of future work comp benefits. The amount you can receive depends upon the type and severity of disability. Often it takes several months before the work comp carrier will process the request for a lump sum payment.

If you receive a lump sum settlement that fully compensates you, then your work comp case is finished.

Request a pre-hearing conference and settlement discussions

Sometimes your workers’ comp claim does not flow so smoothly.

If you disagree with the work comp insurance company about coverage, benefits, or the lump sum payment, you can request a hearing. The hearing takes place with the Colorado Division of Workers’ Compensation. Before the hearing, you (or your attorney if you hired one) and the insurance company’s adjuster or attorney can engage in settlement negotiations. If settlement negotiations reach a fair result, you may settle the claim and cancel the hearing.

During negotiations, you (or your attorney) and the insurance company’s representatives will hold a pre-hearing conference. The conference is an opportunity to talk about disputed issues and exchange documents that may help settle your case. Your case may settle at or after the conference.

Typically it takes a few months to request a hearing and receive a pre-hearing conference date. If your work comp case settles at or shortly after the pre-hearing conference, it may take six months to settle your case.

Workers’ compensation hearing with a judge

If you still cannot reach a settlement after the pre-hearing conference, it is time for a hearing with a workers’ chttps://cdle.colorado.gov/icaowcomp judge. In Colorado, workers’ comp hearings occur before special administrative judges who decide workers’ comp cases.

After the pre-hearing conference, you can request a hearing date. You can request an expedited hearing. An expedited hearing will occur within 45 days of your request. A non-expedited request may result in a hearing up to 100 days after your request. After your hearing, the judge will consider the evidence and make a decision. Often, you (or your attorney) will not receive the judge’s decision for several weeks.

By the time you have a hearing and receive the decision, it may be as much as four additional months. In total, you may be a year after reaching maximum medical improvement.

Petition for review with the Industrial Claims Appeals Panel

If you disagree with the judge’s decision, you can appeal.

An appeal of a work comp judge’s decision is made to the Industrial Claims Appeals Office. The office assigns the appeal to the Industrial Claims Appeals Panel, which is made up of five administrative judges. Your appeal will be decided by at least two members of the panel. If you wish to file an appeal, you must file within 20 days of the judge’s decision.

Your appeal, called a petition for review, is a written appeal only. There is no additional hearing. You must order a transcript of the hearing and include it as part of your petition for review. You will provide the panel a legal brief explaining why you believe the judge decided your case incorrectly. Your employer or its insurance company will submit its own legal brief. The appeals panel will then consider your appeal and decide whether it agrees with the judge. Whatever the appeals panel decides is the final word from the Colorado Department of Labor and Employment.

This process often adds several months to your work comp claim.

Appealing to Colorado state courts

If you also disagree with the appeals panel, you may continue to appeal.

You can appeal the appeals panel’s decision to the Colorado Court of Appeals. Like the appeals panel, you will not get a new trial with the Court of Appeals. The Court of Appeals will only review the transcript, previous decisions in your case and both sides’ briefs.

You may receive a hearing with the Court of Appeals to argue your appeal in person, but the Court of Appeals may decide your appeal without hearing. Appealing to the Court of Appeals to this court often take a year or more to receive a decision.

If you disagree with the decision from the Colorado Court of Appeals, you can appeal one more time to the Colorado Supreme Court. Unlike previous appeals, the Colorado Supreme Court does not have to agree to hear your case. The Supreme Court rarely hears a third appeal of a workers’ compensation hearing.

How long does the average workers’ compensation case take to settle in Colorado?

Thankfully, most workers’ compensation cases in Colorado do not require multiple appeals to reach a resolution. There is no clear agreement on the average time to settle a workers’ compensation case in Colorado. Some workers’ comp law firms suggest an average of sixteen months from injury to settlement.

Be careful about assuming any average time period applies to your claim. Your case is specific to your incident, injuries and treatment progression. The insurance company and your employer may drag out the process or dispute your claim because they think it is in their interests. The same claim with a different employer and insurance company might settle within months while yours may take years.

Additionally, keep in mind your case may take longer to settle because you receive longer treatment than the “average” case. The longer you obtain treatment, the more likely you are healing and will end up with less impairment. It is better to heal fully and take longer than stop treating quickly because your injuries are permanent.

What if I am permanently disabled due to a workplace injury?

As a result of your workplace injury, you may experience permanent disability. You may have partial disability or total disability. Partial disability means you can perform some of your job duties but with limitations. If you are totally disabled, you simply cannot perform your job. In these situations, you may qualify for permanent disability benefits.

Your treating physician will determine if you have a permanent disability and assign an impairment rating. The impairment rating will become part of determining the value of any lump sum settlement of your workers’ comp claim. Your employer and its insurance company may decide to ask you to submit to an independent medical examination (IME) to get a second opinion. They will select their medical expert to conduct the IME.

When should I hire a Colorado workers’ comp attorney?

In Colorado you do not have to hire a workers’ comp attorney to represent you. You can elect to manage your own claim. Your employer’s workers’ comp insurance company will hire an attorney to defend against your claim. Hiring an attorney gives you an experienced voice to guide you through each step of the process. This can help you get good medical treatment, move your case more efficiently and give you a fair fight to get a fair result on your case. You should talk to Colorado workers’ comp attorneys early in your case so they can give you help at every step.

What qualifies for family medical leave in Colorado?

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Colorado employees often face difficult decisions about balancing work hours against taking leave from work for illness, disability and the care of family members. Legal protections exist for employees to take certain types of family leave and medical leave but it can be tough to figure out when those legal protections exist. Colorado employees may struggle to figure out what qualifies for family medical leave in Colorado?

Under federal and state employment law family and medical leave include specific categories of leave that include serious medical conditions and to provide care for specific family members. Adding to the complications of federal and state FMLA laws are other related laws that provide different legal protections for family leave and medical leave.

If you are unsure whether your need for leave qualifies under employment law then you should talk to Colorado employment attorneys about your situation.

FMLA and Colorado FMLA

For most employees in Colorado family medical leave is available through the federal FMLA and state Colorado FMLA. FMLA is the Family and Medical Leave Act. The federal FMLA protects the right for employees to take up to twelve weeks of unpaid leave from work for specific family and medical reasons.

The Colorado FMLA expands upon the leave protections of the federal employment law to extend additional reasons to workers. Assessing leave rights under both the federal and Colorado employment law requires a multistep analysis. Failure to qualify for FMLA or Colorado FMLA coverage may result in the employee not taking leave or taking leave without a legal right to return to work.

Reasons for FMLA and Colorado FMLA protected leave

Employees eligible for FMLA or Colorado FMLA protected leave may take leave for specific reasons enumerated in each statute. The federal FMLA is more limited in reasons but provides the basis for FMLA family and medical leave.

The federal FMLA permits leave for:

  • The birth or care of a newborn child of the employee;
  • Placement of a child for adoption or foster care with the employee;
  • Medical leave because the employee is unable to work due to a serious health condition; or
  • To provide care for an immediate family member with a serious health condition.

Federal law also extends FMLA to provide care for a military servicemember or veteran who has a service-related injury or illness or address a situation caused by the active service of an immediate family member.

The Colorado FMLA law—the Colorado Family Care Act—applies to all of the same reasons as the federal employment law but permits medical leave to provide care to a larger realm of family members. Let’s discuss the two most difficult issues in FMLA reasons for family medical leave: serious health condition and the family members covered by each statute.

Serious health conditions under FMLA and Colorado Family Care Act (CFCA)

A serious health condition for family medical leave involves “an illness, injury, impairment, or physical or mental condition that involves: A. inpatient care in a hospital, hospice, or residential medical care facility; or B. continuing treatment by a health care provider.”

Health conditions described by FMLA regulations for family medical leave include:

  • Incapacity due to pregnancy or childbirth;
  • A chronic serious health condition;
  • A permanent or long term health condition for which treatment may not be effective;
  • Treatment for an injury;
  • A condition that would result in incapacity of more than three consecutive days in the absence of medical intervention or treatment.

It is important to note that these definitions extend broadly to cover many health conditions but the employee’s entitlement to family medical leave under the statute must be coupled with the defined level of treatment. That includes inpatient care of at least an overnight stay or continuing treatment either with multiple visits for treatment or a regimen prescribed for treatment. These regulations extend specific rules around the meaning and application of these terms. In situations where your employer rejects an FMLA request for leave or considers rejecting a request you should talk to a Colorado employment lawyer about whether your leave request applies to federal and state law.

Family members under the FMLA and Colorado Family Care Act

Another common source of disputes under FMLA is who the statute covers when an employee needs to provide care for a family member with a serious health condition. Under the federal statute an employee may take family medical leave for the care of an immediate family member with a serious health condition. FMLA identifies specific individuals as an “immediate family member” for purposes of the statute. Under the federal law an immediate family member includes:

  • Spouse;
  • Child;
  • Parent;
  • Person who stood in loco parentis to the employee when the employee was a child (took on the responsibilities of being a parent to the employee when he or she was a child).

FMLA does not protect family medical leave for an employee to provide care for a sibling, niece or nephew, grandparent, aunt or uncle, or a boyfriend or girlfriend.

In 2013 the Colorado legislature decided employees often provide care for other people who have a close familial relationship and employees should have protected leave rights to care for those people. The legislature passed the Colorado Family Care Act which extends the range of individuals to whom the employee may receive protected leave to care for a serious health condition.

The Colorado Family Care Act extends coverage for:

  • Blood relationships;
  • Family relationships created by adoption;
  • Relationships created by legal custody;
  • Relationships created by marriage (such as step-children and in-laws);
  • Relationships created by civil unions;
  • A person in a committed, live-in relationship with the employee.

The Colorado Family Care Act extends care to many modern families left behind by the federal employment law. Many employees today provide care for in-laws, siblings, extended family members and live-in partners left out of the federal statute.

FMLA and Colorado FMLA eligibility

The first step in assessing whether FMLA or the Colorado FMLA protects family medical leave is to determine if the employee is eligible for protected leave under either law. This step itself has two components. First, we must determine if the employer is covered by the statutes so that any of its employees may receive FMLA protections. Second, we must determine whether the employee satisfies FMLA requirements to request protected leave.

Employer coverage under FMLA

FMLA applies to an employer if the employer employs fifty or more employees within a seventy-five mile radius of the employee’s normal work site. Traditionally most employers conduct business out of centralized locations like offices, warehouses, or retail stores. In the modern workplace many employees work remotely from home, may work traveling jobs, or split work time between multiple work sites. For these employers the analysis is more tricky and determining where an employee works for FMLA coverage purposes is necessary to determine who counts as an employee within the seventy-five mile radius.

An employee might work for an employer who has some staff covered by FMLA protections and some who are not. The employer coverage analysis is specific to each employee and that employee’s seventy-five mile radius. It is not enough to look just as how many employees the employer staffs overall.

FMLA employee eligibility

If an employee works for a covered employer then the next step is to determine whether the employee is eligible for FMLA protected leave. An employee gains FMLA protection by completing two requirements. First, the employee must have been employed by the employer for at least one year. Second, the employee must have completed at least 1,250 work hours over the course of employment with that employer. For most full time or near-full time employees, the employee will complete the work hours requirement within the first twelve months of work.

This analysis is straightforward for employees who worked a consistent year for the employer; however, it is more complicated when the employee has breaks in service. FMLA regulations describe particular rules that apply when the employee has worked partial years for the employer without a complete, continuous year of service. This extends FMLA rights to employers who hire seasonally and those who furlough employees on a regular basis.

Employer denial of FMLA and Colorado FMLA leave

It is unlawful for your employer to violate your rights to family medical leave under the Family and Medical Leave Act and the Colorado Family Care Act. Your employer may violate your rights by:

  • Unlawfully denying protected family medical leave under the federal or Colorado statutes;
  • Interfering with your ability to request family medical leave;
  • Interfering with your protected leave once approved;
  • Retaliating against you for requesting or taking protected family medical leave.

FMLA and the Colorado Family Care Act are highly technical statutes that carefully regulate most aspects of protected family and medical leave. An employer’s failure to comply with the law or intentional retaliation for an employee exercising his or her rights can carry substantial penalty. An employee may recover lost wages, liquidated damages, attorney’s fees and other relief due to a violation of the statute.

Contact Denver employment attorneys about FMLA and Colorado FMLA violations

If you believe your employer violated FMLA or the Colorado Family Care Act then you should contact Denver employment attorneys right away. An employment attorney can help you seek remedies for the employer’s bad acts. In some situations it may be possible to obtain a court order restoring you to a job or title if an employer retaliates against you for taking family medical leave. The sooner you talk to an employment attorney the sooner you can get help.

If your employer is delaying or denying FMLA leave or leave under the Colorado Family Care Act then you should talk to Denver employment attorneys immediately about your situation. Employment attorneys familiar with protected leave laws can discuss your rights and help you get the leave you are entitled to under law.

Is 32 hours considered full time in Colorado?

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Many Colorado employers provide employee benefits, pay differentials, job assignments and other important benefits on the basis of whether an employee works full time or part time. This can lead to a lot of questions about what is full time under Colorado employment law. These questions typically do not exist when employees work a forty hour workweek but usually arise when employees work thirty-two hours or some other slightly lower number.

For example, you might wonder is 32 hours considered full time in Colorado. The answer depends upon to what issue the full time status relates.

Today’s post will explore some of the common issues in determining full time status under Colorado employment law.

Basic rule for full time status in Colorado

Colorado labor and employment law does not contain an expansive definition of full time or part time status for employees. In general an employee is full time or part time based upon an employer’s own definition. Full time versus part time is often a dividing line for benefits or certain positions but that line is typically not drawn out of a federal or Colorado employment law.

However, several employment law statutes set minimum or maximum limits for how much an employee may or must work to obtain a specific status under the law. Examples include:

  • Employees must work 1000 hours within a calendar year to obtain FMLA eligibility which might informally be considered a full time employee;
  • Minors generally have limited maximum hours of work within a workweek and cannot be required to miss school hours for work;
  • Employees working in certain transportation jobs may be limited by how many travel hours they may complete in a day or week;

We will talk about some common statutory minimum hours for full time status under federal and Colorado employment law in greater detail although it is important to note that the term “full time” is not common statutory or regulatory language in federal and Colorado law.

When a labor law or employment law does not set a minimum or maximum hourly requirement it is generally up to the employer or an agreement between employees and employer to determine when full time status kicks in for particular benefits, job assignments, compensation and so forth. Many Colorado employers consider full time a forty hour workweek schedule but some draw the line at a smaller number. Some employers set the line at thirty-five or thirty-two hours, particularly in industries like restaurants and retail where employees might work flexible schedules or less than a five day workweek.

The best way to assess whether you are a full time employee in Colorado at thirty-two hours is to focus on the specific subject in which the full time status applies. Review your employer’s documentation and legal resources to determine the answer as it applies to that subject. You might be full time for some subjects and not for others.

Applying a single rule to every workplace issue might result in misinforming yourself. Operating on misinformed positions could put your job at risk. As always, if legal issues are involved in your question you should consult employment lawyers in Colorado as soon as possible.

Overtime pay in Colorado

Overtime pay is not exactly a full time versus part time issue but it definitely deals with the work hours for an employee. Federal and Colorado overtime laws calculate overtime pay for all hours in the workweek exceeding forty hours of work for all nonexempt employees. For this purpose an employee can be considered a full time employee at forty hours under the statute. An employee working overtime hours is more than full time. An employer could begin paying overtime pay at thirty-two hours if it wishes but that is an extremely uncommon practice.

Employee benefits and full time status

Most employees care about full time status because employers make benefit plans available to full time employees but may not extend them to part time employees. When we think about employee benefits from an employment law perspective we can think of them in two categories. The differences in categories is important to how and when an employer may make benefits available to employees based on work hours.

Regulated benefit plans under federal and Colorado employment law

First are employee benefit plans regulated by law. For private employers this typically falls under ERISA, the federal law regulating many types of employee benefit plans including:

  • 401k plans
  • Defined benefit pension plans
  • 403b plans
  • Health care plans (e.g. health insurance)
  • Cafeteria plans (e.g. reimbursement benefits)
  • Certain long and short term disability benefits
  • Some severance benefits

Employees of federal and Colorado government agencies often offer similar benefits operated under a plan regulated by state or federal laws as applicable. Although the complex regulatory apparatus behind ERISA does not apply to these plans they still generally follow similar regulatory mechanisms.

Benefits regulated by ERISA or other laws must operate as a plan with established rules. The applicable laws often set requirements for eligibility to the plan. Often employers may establish rules for eligibility based upon hours or length of service with the employer within the permitted confines of the law. Often employers can set eligibility on completion of a certain number of work hours in a year which effectively makes many part time employees ineligible for benefits.

A specific weekly hour threshold exists in the Affordable Care Act. Under the ACA employers must make available compliant health insurance to all employees who regularly work at least thirty hours in a work week. For the purposes of the ACA an employee is full time if the employee works thirty hours in a regular work week. Employers cannot set a higher limit for full time like thirty-two hours or forty hours.

Other benefits or fringe benefits

Employers may offer other benefits not regulated by ERISA or other laws. For these benefits an employer can generally set whatever constraints on eligibility it wishes. (Employers cannot use an unlawful motivation to extend benefits, such as unlawful forms of employment discrimination or in retaliation for complaining about a minimum wage violation.) These benefits include:

  • Paid time off (e.g. vacation pay, sick pay, personal days)
  • Company car
  • Most bonus programs
  • Training programs
  • Company sport programs
  • Free tickets to events
  • Raffles

Employers can set limits for work hours, length of service, job title and so forth to make these benefits available. If an employer sets a threshold for work hours as a full time employee for these benefits it may do so and even set different standards for each benefit. Often employers try to target a specific number for consistency, such as fort hours or thirty-two hours for full time employment across benefits; but an employer is free to have a more confusing policy.

Unemployment benefits in Colorado and employment status

Colorado unemployment benefits require that employees work for a given length of time and earn a minimum of $2500 during that period. It does not require an employee to work any specific number of hours in a workweek or for an employer to designate employees as full time employees. So long as an employee meets the length of service and wage minimums then the employee qualifies for a claim. (Assuming the employee otherwise qualifies.)

Some employers as a matter of course pay severance benefits to employees designated as full time employees. Here the issue may be complicated because a severance plan may fall under ERISA regulation but does not necessarily fall under ERISA regulation. The best way to begin answering that question is to review the severance information available from your employer which may include ERISA language.

Labor and employment law bills proposed in the 2019 Colorado legislative session

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Colorado starts 2019’s legislative session with a healthy list of 227 proposed bills, many including provisions affecting the state’s labor laws and employment laws. Today’s post will briefly identify and discuss the major Colorado labor law and employment law changes proposed so far this year. Denver labor law will update as these bills move through the legislature and potentially become law.

Read More “Labor and employment law bills proposed in the 2019 Colorado legislative session”

EEOC or Hiring a Lawyer: When Do You Need an Attorney for Job Discrimination in Colorado?

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Do you need an attorney for job discrimination in Colorado or should you rely on the EEOC to represent your interests? Employees who suffer discrimination on the job in Colorado likely have never had to deal with the EEOC or hire an employment discrimination lawyer in Denver. Learn more about when you may want to talk to an EEOC lawyer and when you do not have to work with the EEOC. This post will discuss:

  • The EEOC process;
  • When you must follow the EEOC process;
  • When you do not have to follow the EEOC process;
  • What an attorney for job discrimination can do for you; and
  • When you may want to talk to an attorney.

Employees in Denver and other parts of Colorado may have alternative procedures and remedies under state anti-discrimination law and we will touch on that issue as well; however, the primary focus of this post will be the EEOC process and federal employment discrimination remedies.

Most job discrimination claims in Colorado must go to the EEOC

If you believe you suffered job discrimination and need an attorney you need to know that many federal civil rights laws require you to first file a complaint with the EEOC before you can file a federal lawsuit. Most federal employment discrimination laws require you to file a complaint with the EEOC called a charge of discrimination.

After filing your charge of discrimination, EEOC investigators will investigate and you likely will proceed through an informal settlement process.

If your complaint does not settle then you will either have the opportunity to have your case heard by an administrative law judge or file a lawsuit in court. The EEOC investigator may tell you that you do not need to hire an attorney for job discrimination; but that may result in missing options in your employment discrimination or hostile work environment claims.

EEOC Lawyer

Why you may want to talk to an attorney for job discrimination in Colorado first

You can file a complaint with the EEOC without hiring an attorney for job discrimination. The EEOC intake process for complaints is designed to allow workers to report discrimination on the job without an attorney. However, you may want to schedule a consultation or hire an attorney for job discrimination before filing your EEOC complaint. Your attorney for job discrimination may encourage you to follow the EEOC process. A lawyer can advise you how to proceed through the process and what to include in your complaint.

Anything you leave out of an EEOC complaint likely cannot be pursued later so it is important to present a strong EEOC complaint.

Additionally, Colorado has its own state remedies for job discrimination. Colorado state law (C.R.S. 24-34-401 et seq) creates its own framework for dealing with job discrimination. C.R.S. 24-34-401 et seq. provides state law remedies for job discrimination broader than some federal anti-discrimination laws.

The Colorado employment law also empowers the Colorado Department of Labor and Employment to receive charges of discrimination. The state agency can investigate and pursue claims of job discrimination. Colorado employment lawyers can advise you whether you should pursue your claims under federal or state law and with which agency to file your charge.

Employment discrimination lawyer Denver

When you can go straight to court under federal discrimination law

Most job discrimination laws require you to exhaust your administrative remedies through the EEOC or a state discrimination agency before you can file a lawsuit. Two federal employment laws do not require you to exhaust remedies before filing a lawsuit:

  • Age Discrimination in Employment Act
  • Equal Pay Act

The Age Discrimination in Employment Act (ADEA) prohibits discrimination on the basis of age against workers over forty. It requires employees to file a charge of discrimination with the EEOC but does not require the worker to receive a Right to Sue Letter from the EEOC before filing a federal lawsuit. The worker must file suit, if desired, no earlier than sixty days after filing the charge of discrimination and no later than the ninetieth day after the EEOC concludes its investigation.

The Equal Pay Act prohibits discrimination in compensation between men and women. It does not require workers to file a charge of discrimination with the EEOC or receive a Right to Sue Letter before filing a lawsuit.

Note that an employee may have sex discrimination claims under both the Equal Pay Act and Title VII of the Civil Rights Act of 1964 which does require filing a complaint with the EEOC. Before deciding not to file a complaint with the EEOC you should talk to an attorney for job discrimination.

If you have potential claims under both statutes and do not file a charge of discrimination and lose on your Equal Pay Act claim you may not be able to file a claim for the same discriminatory acts under Title VII. A lawyer familiar with the EEOC and anti-discrimination statutes can help you assess the best course of action.

When you can opt out of EEOC involvement in your Colorado job discrimination claim

You may be required by federal employment law to begin your job discrimination claim with an EEOC complaint. However, you do not have to keep your discrimination claim with the EEOC. You have the option under anti-discrimination laws to quit the EEOC administrative process and file a private lawsuit if one or more conditions are true. These include:

  • The agency has not responded with a decision within 180 days and no appeal has been filed on the complaint;
  • The EEOC issued a determination and neither employer or employee filed an appeal;
  • The EEOC does not respond to your appeal or the employer’s appeal with a determination within 180 days; and
  • You do not agree with the EEOC’s conclusion on your appeal.

The EEOC may choose not to pursue your charge of discrimination and issue a “Notice of Right to Sue” to you. If you receive a Notice of Right to Sue from the EEOC then you should talk to an attorney for job discrimination right away.

attorney for job discrimination in Colorado

Note that should you decide to pursue a private lawsuit you must do so within ninety days of the EEOC:

  • Issuing a decision and no appeal is filed;
  • Issuing a decision on an appeal to its initial decision; or
  • Declining to pursue your charge of discrimination and issuing a Notice of Right to Sue.

If you fail to file a private lawsuit within this limitations period then you may be barred from pursuing your claims in court. Therefore, it is vital that you talk to an attorney for job discrimination–if you haven’t hired one already–about your options. Waiting to talk to an employment lawyer or filing a lawsuit can be fatal to your discrimination claims.

Hiring a lawyer in federal court or go to the EEOC with your Colorado job discrimination claims

Often the EEOC administrative process will not result in a satisfactory resolution through its settlement or other administrative procedures. The EEOC may decide to file a federal lawsuit on behalf of you and your claims. The EEOC files federal lawsuits on job discrimination claims on few complaints but if it decides to pursue yours in federal court you have options. You may allow the EEOC to represent you in court.

You can also choose to have a private attorney for job discrimination represent you. This can give you more flexibility and control over your case, particularly over settlements. If the EEOC represents you in federal court then the agency is not required to take direction from you on the lawsuit.

If you have already hired an attorney for job discrimination before filing your EEOC charge of discrimination then you and your attorney will make decisions about how to proceed with a trial at that time.

Hiring an attorney for job discrimination for your Colorado state law claims

As discussed above, Colorado state law also prohibits several forms of job discrimination. Under Colorado law you may also need to file a complaint with the Colorado Department of Labor and Employment. If you file an EEOC complaint you can request to cross-file the complaint with the state. Colorado law has similar administrative procedures as the EEOC. You may need to exhaust administrative remedies applicable to state law to proceed with a lawsuit that includes state law claims.

You should talk to a Colorado attorney for job discrimination about your case before filing a complaint with either agency. Your attorney can discuss the strategic considerations behind filing your claims under federal law, state law, or a combination of the two. Once you start taking action on your claims you may make decisions that limit your procedural options. Gain legal counsel before taking those steps to put the strongest case forward.

Finding a Denver employment lawyer for job discrimination

Employment lawyers in Denver and other parts of Colorado often have experience working with job discrimination claims under federal and state law. There are many ways to find an employment lawyer to advise you on your claims. Employment discrimination claims are among the more common claims handled by employment law attorneys in Colorado.

Research lawyers and schedule a consultation with one or more to discuss your claims and consider representation. Employee rights lawyers in Denver and around Colorado can discuss the issues raised in this post with you along with other important issues to your potential lawsuit.

8 Popular Ways to Find Denver Employment Lawyers Online

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For decades lawyer advertising centered on the yellow pages. Even after the Supreme Court concluded advertising bans violated the First Amendment in the 1970s and law firms began running ads on radio, TV, billboards and other outlets, the yellow pages was still the heart of law firm advertising.

In the 1990s law firm advertisements became commonplace on television but you could still count on law firms spending money on advertisements in the yellow pages. That’s because as a culture the phone book provided important contact information for businesses and was treated as an authority source merely for publishing free listings of addresses and phone numbers. The yellow pages went away as a dominant law firm advertising resource as the internet grew in popularity and convenience.

Today you can find a local lawyer and call right from the search results from a phone in your pocket or purse.

Finding lawyers online versus the phone book

Lawyer advertisements online are fundamentally different from the phone book. In the phone book, the publisher controlled the space entirely and law firms only had the choice to pay for the amount of advertisement they wanted. Standard listings were alphabetical without exception. The publication was highly regimented and it had to be because people expected the phone book to provide listings in that format.

On the other hand, the internet is more chaotic. Law firms advertise in search engine listings and spend considerable resources trying to position themselves within the organic search results. There are also businesses providing law firm and lawyer listings of both free and paid opportunities in addition to bar associations and lawyer referral services who provide listings. It’s not always easy to trust that the lawyers you find are the right lawyers to help you with your problems.

Navigating the internet for employment lawyers in Denver

Searching for a Denver employment lawyer online can be confusing and frustrating for several reasons. Many people think of labor law or employment law as a narrow field of law; however, it is a broad area spanning every facet of the employment relationship. These include:

  • Compensation and benefit issues;
  • Insurance law;
  • Finance and investment law;
  • Tax law;
  • Medical leave law;
  • Workers’ compensation;
  • Discrimination;
  • Wrongful termination;
  • Union and other collective employee acts;
  • Personal injury law;
  • HIPAA and other medical information protection laws;
  • Family law;
  • Gun possession law;
  • Criminal law; and several others.

Within this wide span of law you will likely find that not every attorney who practices employment law or labor law deals with every possible employment law issue or has expertise in the facts of a specific situation. Additionally, many employment lawyers in Denver and around the state represent only employees or employers. (Some employment lawyers represent both sides.)

An employee searching for an employment lawyer often begins not knowing if there even is a legal issue or the extent of legal issues involved. That makes it difficult to know what employment lawyers should be on the list to research or contact. As an employee you may have some idea that you have an unpaid wage issue or need a wrongful termination lawyer but there may be several other employment law issues involved in that situation.

There is no single perfect path for an employee to take to learn enough about employment law to find the right employment lawyer just by researching online. You may have to contact one or more Denver employment lawyers for a consultation to discuss your situation and determine your next steps.

Conducting a Google search to find a Denver employment lawyer

Today most people begin searching for anything with a Google search and that includes finding a lawyer. (If not Google then another search engine.) Google does not review websites or businesses to categorize their search results. Instead it uses a complex algorithm to assess websites and businesses that it believes best apply to your search terms.

For example, if you search “Denver employment lawyers” then the search engine will produce a list of websites it believes belong to Denver employment lawyers based upon the way it reads and scores the content of the website. The ranking for a given website is not an assessment of the quality or skill of the website owner. It only reflects how the website scores against the search algorithm (or a paid placement).

A search request for Denver employment lawyers will produce several types of results:

  • Paid placements;
  • Local results; and
  • Organic search results.

Paid placements

Within the search results you will see paid placements to put employment lawyers in favorable locations within the results. Often paid advertisements appear at the top of search results where you are most likely to click. Like the search algorithm, Google does not assess the advertiser’s skill or expertise before placing an ad. That is not to say the law firm placing the ad is not skilled or knowledgeable about your employee rights situation.

Local results

Local results reflect businesses matching the search terms in proximity to your current location. Local results are organized by its own algorithm that matches information about the business, user reviews and location to deliver a list of law firms that meet your search terms and proximity. The order of law firms produced is similarly not a question of Google conducting a review of the merits of each law firm. It is how much the information it has about each law firm best matches your search terms and location. Certainly the location of a law firm is an important consideration.

Organic search results

Organic search results reflect which employment lawyer website matches your search terms. The search algorithm is a complex formula with a long list of factors that include location, content, page speed, visibility, link profile and other factors related to the website. Google does not review lawyers for ranking, only how the website matches the search terms. Denver employment lawyers appear in various combinations of search terms (often for people searching in Colorado) and can vary widely in placement merely by changing the order of search terms. Law firms, like other businesses, often spend money to produce a website that ranks highly as a form of advertising.

Value of search results for employment lawyers

Although Google does not automatically produce the perfect lawyer in search results every time it can be extremely helpful to search for Denver employment lawyers in a search engine. It is a good way to familiarize yourself with local employment lawyers and their location. It is also a good way to research information about employment lawyers and employment law issues.

The more specific your search the more targeted the results so searching for something more specific than “employment lawyers” or “employment lawyers Denver” can be very helpful to find lawyers who might be more familiar with the legal aspects of your specific situation.

Avvo

Avvo is a website that provides access to lawyer listings and other lawyer-related services. Avvo began in 2007 in Seattle with an evolving business model. It is most commonly known for two aspects: lawyer listings and the Q&A forum. Additionally, Avvo offers a legal form platform and a platform to ask lawyers within particular fields questions for a stated sum of money.

One is a lawyer listing system in which lawyer profiles are generated from information obtained from other sites (such as state bar websites) and given a ranking. The ranking formula is proprietary and confidential. Lawyers may claim their profile and add information which appears to improve rankings. Within the listings lawyers can pay to upgrade their account which removed ads for other lawyers from their profile and places them at the top of the listings for regional and legal area listings.

The other is a large free Q&A section organized by state and practice area in which lawyers can answer questions. The Q&A section is largely unmoderated so the answers provided may not be completely accurate. Lawyers gain points by answering questions which can move them up a second listing system categorized by points and practice area.

Avvo is criticized by some lawyers for aspects of the site, such as the ranking system, but it is a convenient place to find disciplinary history for lawyers and find basic information about attorneys who may not have robust websites. Avvo allows users to review attorneys (which it says do not affect ranking) which may be useful to consider.

(Avvo was recently acquired by Martindale.)

Martindale-Hubbell

Martindale-Hubbell (sometimes referred to as just Martindale) began as a paper directory of lawyers in 1868. Today it is an online directory and owns several other lawyer directory and marketing businesses. For most of its history it was considered the authoritative directory of lawyers. Martindale-Hubbell provides a peer review ranking which many lawyers continue to advertise. The business’s website includes law blogs and other legal information in addition to one of the largest lawyer directories in the world.

Lawyers.com

Lawyers.com provides another large directory of lawyers and a Q&A forum. The website was once an independent venture but is now part of Martindale’s collection of lawyer websites. Lawyer profiles on the website include information about the lawyer including:

  • Background;
  • Legal areas practiced by the lawyer;
  • Contact information;
  • Law school and bar admissions;
  • Peer reviews;
  • Client reviews;
  • Access to Q&A answers provided by the lawyer; and
  • Martindale ratings.

The website provides both a paid and free listing option to lawyers. Lawyers who opt for the free listing will display reviews and basic contact information while paid listings provide the other information as well. You can locate lawyers in the listings through location and practice area. For example, you can search for employment lawyers in Denver and find a list of the law firms within the site’s directory.

Lawyers.com is a good way to review information about lawyers although its free listing option provides less information than other free listings like Avvo. It is still another good place to review lawyer information.

Findlaw

Findlaw is one of the largest providers of legal content online including providing law firm websites, marketing and lawyer directories. It began in 1995 with acquisition by what is today Thomson Reuters in 2001. Findlaw sites appear prominently in searches for local lawyers and legal information. The business markets extensively to lawyers and law firms to join its services. The lawyer directory on Findlaw is today entirely paid. Lawyers appearing in the directory have paid to do so and no free listings exist.

Justia

Justia began in 2003 by a former Findlaw employee and provides a similarly large legal information site. Justia provides a wide range of information from statute and cases to Q&A to lawyer directories. The lawyer directory includes paid and free options. The free lawyer profiles contain information about practice areas, contact information and answers by the lawyer in its Q&A forum. You can search for lawyers on the website by location and practice area. Its profiles often also appear in search engine results.

Colorado Bar Association referrals

The Colorado Bar Association is a voluntary state bar available to lawyers across the state and all practice areas. It includes a referral service in which consumers may contact the bar to request a referral by location and practice area. Referrals are made from member lawyers so not all employment lawyers in the state obtain referrals through the service. Nevertheless, it is a good way to find employment lawyers who might be able to help you with your problem.

Plaintiff Employment Lawyers Association referrals

The Colorado Plaintiff Employment Lawyers Association, or PELA, is a voluntarily association of employment lawyers who represent employees. It is a state affiliate of the National Employment Lawyers Association (NELA) which is a voluntary national association of employee rights lawyers.

PELA offers a referrals service for employees seeking an employment lawyer in the state. Like the Colorado Bar Association, referrals are only made to member lawyers. Referrals requested through the website can select from a wide range of employment law issues which may help narrow the focus of a referral to an attorney skilled in your particular issue.

Which is the right way to find a Denver employment lawyer?

There is no single right way to find a Denver employment lawyer. Online research and referrals are good opportunities to find employment lawyers and research whether they may be equipped to help you with your employee rights issue. The profiles and websites for employment lawyers can help you understand which local lawyers may be a potential fit for your needs and may provide answers to employment law questions. Your research may consider several factors and ultimately you may need to schedule a consultation with one or more attorneys to find a Denver employment lawyer that fits your needs.

Denver Labor Law is not affiliated with and did not receive compensation from any entity discussed in this post. Denver Labor Law does not take a position on which, if any, of these entities may provide the best information or the best referral to a lawyer for your needs. If you believe you need an employment lawyer then you should begin researching and contacting law firms as soon as possible to discuss your situation. Rely upon the advice of a licensed attorney to discuss your situation and next steps.