Colorado
Colorado Workers' Compensation Laws: Benefits, Deadlines, and Your Rights
Colorado requires nearly all employers to carry workers' compensation insurance. If you are hurt on the job, you can receive no-fault medical and wage benefits without having to prove your employer was at fault, and in exchange you generally give up the right to sue your employer in civil court.
Is workers' comp required in Colorado?
Colorado law requires virtually every employer, regardless of size, that has even one employee to carry workers' compensation coverage. The Colorado Division of Workers' Compensation (DOWC), which is part of the Colorado Department of Labor and Employment, administers and enforces the system. Employers may purchase coverage through a private insurer or, if qualified, self-insure. There is no state monopoly fund in Colorado. Employers who fail to carry required coverage face significant civil penalties and can be sued directly by an injured worker.
Coverage extends to most employees, including part-time workers and some independent contractors classified as statutory employees under the law. Domestic workers in private homes and certain agricultural workers may fall under different rules, so if you work in an unusual employment arrangement, confirm your status with the DOWC or a Colorado workers' compensation attorney.
Benefits you can receive
Colorado workers' compensation covers the full cost of reasonable and necessary medical treatment from the moment of the work injury, with no copays or deductibles owed by the injured worker for authorized care. That includes emergency treatment, surgery, physical therapy, prescription medications, and medical equipment.
Wage-replacement benefits depend on the type and duration of your disability. Temporary total disability (TTD) pays 66 2/3% of your average weekly wage (AWW), up to a maximum the state updates each July 1. Temporary partial disability (TPD) applies when you can work in a reduced capacity and pays two-thirds of the difference between your pre-injury and post-injury wages. If the injury causes a permanent impairment, you may receive permanent partial disability (PPD) benefits based on an impairment rating. Permanent total disability (PTD) benefits are available for the most severe injuries that leave you unable to work in any capacity.
There is a 3-day waiting period before wage-loss benefits begin. If your disability lasts more than 2 weeks, however, those first 3 days are paid retroactively. Death benefits and burial expenses are available to qualifying dependents of workers who die from a work-related injury or illness.
Deadlines: reporting your injury and filing a claim
Two separate deadlines control your Colorado workers' compensation claim, and missing either one can jeopardize your ability to recover benefits.
The first deadline is the report-to-employer clock. You must notify your employer in writing within 10 days of the injury. Late notice does not automatically bar your claim, but Colorado law allows an insurer to reduce your benefits when notice is not given within that 10-day window. Do not wait to report; even for injuries that seem minor, written notice protects your rights from day one.
The second deadline is the statute of limitations. You have 2 years from the date of the injury to file a formal claim with the DOWC. Colorado allows this to be extended to 3 years if you have a reasonable excuse for the delay, but that exception is applied narrowly. Reopening a closed claim to address a change in condition has its own separate time windows (generally 2 to 6 years depending on circumstances). Because these deadlines interact in complex ways, a Colorado workers' compensation attorney can help you identify the exact cutoff that applies to your situation.
Choosing your doctor
Colorado uses a designated-provider system for the initial phase of medical care. When you are injured, your employer must provide a list of up to 4 authorized treating physicians or medical practices. You select one from that list, and that provider becomes your authorized treating physician. If your employer fails to post or provide this list within 7 business days of when you report the injury, you have the right to choose any licensed physician as your treating provider.
The designated-provider rule matters because care from an unauthorized provider generally will not be covered by the insurer, and unauthorized treatment can complicate your claim. In a genuine emergency you may receive care from any provider, but you should transition to an authorized physician as soon as it is medically reasonable. If you disagree with the medical care you are receiving, Colorado law provides a process to request an independent medical examination (IME) or to seek Division-sponsored independent medical examinations (DIME) for impairment-rating disputes.
Can you sue your employer? The exclusive-remedy rule
Colorado's workers' compensation system is built on a no-fault bargain: you receive benefits quickly, without proving negligence, and your employer receives protection from civil lawsuits. This protection is called the exclusive-remedy rule, meaning workers' compensation is ordinarily your only avenue for recovery against your employer for a work injury. You cannot bring a separate personal-injury lawsuit against your employer simply because you believe the employer was careless.
There are important exceptions to that shield, however. First, if your employer intentionally caused your injury, most courts will allow a civil lawsuit. Second, and very commonly, you retain full rights to sue a third party whose negligence contributed to your injury. For example, if a defective piece of equipment caused your injury, you can pursue a product-liability claim against the manufacturer while still receiving workers' comp benefits. Third, if your employer failed to carry the required workers' compensation insurance, they lose the exclusive-remedy protection and can be sued in civil court.
Colorado does not have a Texas-style opt-out; nearly all Colorado employers are required to participate.
If you were hurt at work in Colorado
Following the right steps after a Colorado workplace injury protects both your health and your legal rights.
Seek medical attention immediately, even if the injury seems minor. Putting off treatment can make your condition worse and can raise questions about whether the injury actually happened at work. If it is a medical emergency, call 911 or go to the nearest emergency room.
Report the injury to your employer in writing within 10 days. A brief written notice (even a text message or email to a supervisor) starts your employer's obligations and protects your benefit eligibility. Follow any company reporting procedures as well.
Choose a physician from your employer's designated-provider list, or document that the list was not provided so you can exercise your right to choose freely. Attend all scheduled appointments and follow your treatment plan.
File a claim with the Colorado Division of Workers' Compensation before the 2-year statute of limitations expires. The DOWC's WC 15 claim form and filing instructions are available at cdle.colorado.gov/dwc. Filing formally with the state protects you beyond simply reporting to your employer.
Keep records of everything: medical bills, correspondence with the insurer, time lost from work, and any communications with your employer. If your claim is denied, benefits are delayed, or you receive an impairment rating you believe is too low, consult a licensed Colorado workers' compensation attorney. Many work on contingency and can help you navigate the DIME process, hearings, and settlement negotiations.
This article is general legal information, not legal advice. Workers' compensation rules vary by state and change, and benefit amounts and deadlines depend on the specific facts. For advice about a specific claim, consult a licensed workers' compensation attorney in Colorado.
Related
More Colorado Laws
Frequently Asked Questions
Is workers' comp required in Colorado?
Yes. Colorado law requires any employer with 1 or more employees to carry workers' compensation coverage. Employers may use private insurance or qualify to self-insure, but they cannot opt out. An employer that fails to carry coverage faces civil penalties and loses the protection from civil lawsuits.
How long does workers' comp last in Colorado?
Temporary total disability benefits continue as long as you are medically unable to return to work, subject to a 104-week (2-year) cap on TTD in most cases. Permanent partial disability benefits are paid in a lump sum or scheduled payments based on your impairment rating. Permanent total disability benefits can continue longer. Your authorized treating physician and any DIME physician will determine when you have reached maximum medical improvement, which triggers the shift from temporary to permanent benefits.
How much does workers' comp pay in Colorado?
Temporary total disability pays 66 2/3% of your average weekly wage, up to a maximum the state sets each July 1. The exact dollar cap changes annually, so check the DOWC website for the current maximum. Partial disability and permanent disability benefits are calculated differently based on your impairment rating and wage loss.
Can I be fired while on workers' comp in Colorado?
Colorado law prohibits employers from retaliating against an employee for filing a workers' compensation claim. Termination, demotion, or other adverse action taken because you filed or pursued a claim is unlawful, and you may have a separate retaliation claim. That said, an employer may still terminate employment for legitimate, unrelated reasons even while you are on leave, so document any connection between your claim and any adverse employment action.
Can I choose my own doctor in Colorado?
Your treating physician must come from a list of up to 4 designated providers your employer provides at the time of injury. You choose which one to see. If your employer does not give you the list within 7 business days of your report, you may choose any licensed physician. Emergency care is always authorized regardless of the list.
How long do I have to file a workers' comp claim in Colorado?
You have 2 years from the date of the injury to file a formal claim with the Colorado Division of Workers' Compensation. A 3-year limit applies if you can show a reasonable excuse for the delay. File as soon as possible and do not rely on the extension. Separately, you must notify your employer in writing within 10 days of the injury, or risk having your benefits reduced.
Can I sue my employer for a work injury in Colorado?
Generally no. Workers' compensation is the exclusive remedy against your employer for a work-related injury, which means you give up the right to a separate civil lawsuit in exchange for guaranteed no-fault benefits. Exceptions include intentional injury by the employer, claims against third parties (such as equipment manufacturers), and situations where the employer illegally failed to carry workers' comp insurance.
Injured in Colorado? Get a free case review from a personal-injury attorney
If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Colorado personal-injury attorney. Most work on contingency, so there is no upfront cost.
Sources and References
- Colorado Division of Workers' Compensation (DOWC), Colorado Dept. of Labor and Employment(cdle.colorado.gov).gov
- Colorado Workers' Compensation Act, C.R.S. 8-40-101 et seq.(cdle.colorado.gov).gov