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Can You Cancel a Workers’ Compensation Claim?

December 30, 2021

A workers’ compensation claim in Colorado can be the simplest way to get reimbursed for your medical bills and lost wages connected to an occupational injury or illness. This system provides a safety net for injured workers so that they do not have to pay out of pocket for injuries that arise due to their jobs. If you wish to cancel or withdraw your workers’ compensation claim for any reason after you file, however, there is a process in place for this.

Can You Cancel a Workers' Compensation Claim?

Reasons You Might Need to Cancel a Workers’ Comp Claim

If you get injured on the job in Colorado, you may be entitled to financial benefits for your past and future health care costs, two-thirds of your lost wages, temporary or permanent disability benefits, vocational retraining, and/or death benefits through a workers’ compensation claim. After you file the required paperwork, however, something may change your mind, such as:

  • Your injury is so minor that you don’t think the process is worth it.
  • The workers’ compensation claims process is too overwhelming for you.
  • You do not have enough evidence to prove that your injury or illness was work-related.
  • You caused your own injury by violating a company policy and won’t be eligible for coverage.
  • You wish to pursue a personal injury lawsuit against your employer for negligence instead.

If you wish to cancel or withdraw your claim simply because you don’t want to deal with the stress of the legal process, keep in mind that you can hire a Denver workers’ compensation attorney to take care of legal matters for you. Your lawyer can make the claims process easy, allowing you to focus on your health and healing.

How to Cancel a Workers’ Compensation Claim in Colorado

If you still wish to proceed with the cancellation of your workers’ compensation claim, you can do so, in most cases. You are not required to proceed with the claims process after you file the paperwork. You must take steps to withdraw your claim, however, or else the insurance company will continue to process it. These steps typically include:

  • Sending a written letter. Write a letter explaining that you wish to cancel your claim and send it to the insurance company and your employer. You are not required to give a reason.
  • Waiting for a response. The insurance company will have 30 days to respond to your letter.
  • Filing a motion for a request for dismissal. If the insurance company doesn’t respond within 30 days, prepare a motion with assistance from an attorney and mail it to the court that is hearing your workers’ comp claim.

If you have to file a motion, wait at least 30 days to receive a response from the courthouse. For the most part, the courts will respond by saying that your claim has been withdrawn. In some cases, however, you may need to appear at a hearing to cancel the claim.

Do You Need Assistance From an Attorney?

If you wish to learn more about how the workers’ compensation program works in Colorado or protect yourself with legal representation from the very beginning of your case, contact an attorney. An attorney can help you fill out and file the paperwork that is necessary to initiate a workers’ comp claim and negotiate for maximum financial benefits. If you need to cancel your claim, a lawyer can help with this, as well.

A lawyer can also file a personal injury lawsuit against your employer or a third party on your behalf, if applicable. A lawsuit could result in greater compensation than a workers’ comp claim. You cannot sue your employer if you’ve already accepted a workers’ compensation settlement, however; meaning you may wish to cancel your workers’ comp claim if an attorney finds evidence of employer negligence. Consult with an attorney from The Fang Law Firm today for more information about your specific case.