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How Are Benefits Calculated in Colorado?
Wage replacement benefits are calculated based on your average weekly wage before the injury. Colorado law sets a maximum weekly benefit amount that adjusts annually. For injuries occurring between July 1, 2025, and June 30, 2026, the maximum weekly benefit in Colorado has increased to $1,396.85. This cap is adjusted every July based on the state’s average weekly wage, ensuring your benefits keep pace with the cost of living.
Your actual benefit is 66.67% of your average weekly wage or the maximum, whichever is less. Permanent partial disability benefits depend on the injured body part and degree of impairment, with specific schedules set by Colorado Revised Statutes Title 8-40. Understanding how these calculations work is critical when evaluating your workers’ compensation claim. A Colorado workers’ compensation lawyer can help you understand these complex calculations and ensure you receive the maximum benefits available.
Types of Workers' Compensation Benefits
Understanding the different types of workers’ compensation benefits available in Colorado is essential for injured workers. Matlin Injury Law represents clients across Colorado, including in Denver, Colorado Springs, Aurora, and other areas throughout the state. Each type of benefit serves a different purpose in the workers’ compensation system. Our workers’ compensation practice focuses on helping injured workers navigate these complex benefit categories.
Temporary Total Disability (TTD)
Temporary total disability applies when you cannot work at all due to your injury. You receive 66.67% of your average weekly wage, paid every two weeks. The state maximum applies to your payments. Once you reach maximum medical improvement, your benefits transition to permanent benefits if you have lasting limitations.
If you’re unable to work due to a workplace injury, a Colorado workers’ compensation lawyer can help you understand your TTD benefits and ensure you receive the full amount you’re entitled to receive. Many injured workers don’t realize they may qualify for additional benefits beyond basic wage replacement. According to the Colorado Department of Labor and Employment, TTD benefits continue until you return to work or reach maximum medical improvement.
Temporary Partial Disability (TPD)
Temporary partial disability applies when you can work part-time but earn less than before your injury. You receive 66.67% of the difference between your pre-injury and post-injury wages. This benefit continues until you return to full-time work or reach maximum medical improvement. Many injured workers qualify for TPD benefits while they recover and gradually return to full duties.
Understanding TPD calculations requires knowledge of Colorado workers’ compensation law. Matlin Injury Law has successfully represented workers in TPD claims and can help you maximize your benefits during your recovery period.
Permanent Partial Disability (PPD)
Permanent partial disability benefits apply when you have lasting impairment after reaching maximum medical improvement. Colorado law establishes specific schedules based on the injured body part, impairment rating, and your average weekly wage. Two types of PPD exist: scheduled injuries (specific body parts) and whole person injuries (complex conditions). An authorized treating physician evaluates your impairment. If you disagree with the rating, you can request a Dispute Resolution Involving Medical Evidence (DIME).
PPD calculations are among the most complex in workers’ compensation law. Our experienced attorneys have successfully challenged impairment ratings and secured higher PPD awards for injured workers throughout Colorado.
How Workers’ Compensation Cases Are Handled in Colorado
Notice Requirements
You must provide written notice of your injury to your employer as soon as possible. Colorado law requires you to provide written notice within 10 working days of the injury. The sooner you report, the sooner the claims process begins. Proper notice is one of the first steps in filing a workers’ compensation claim. Matlin Injury Law can guide you through this critical process and help ensure your claim is properly documented from the start.
Failing to provide timely notice can jeopardize your entire claim. If you’ve already been injured and are unsure about notice requirements, contact Matlin Injury Law immediately for guidance.
Insurance Company Responsibilities
The insurance company must file a First Report of Injury (FROI) within 10 days of receiving notice of the injury. This report starts the official claims process and ensures your case is properly documented. The insurance company also has a responsibility to provide you with information about your rights and benefits under Colorado law.
Insurance companies sometimes fail to meet their obligations, which can delay your benefits. If you believe your insurance company is not handling your claim properly, Matlin Injury Law can review your case and protect your rights.
No-Fault System
Colorado operates a no-fault workers’ compensation system. You do not need to prove negligence or fault to receive benefits. Injured employees receive compensation regardless of who caused the accident. Even your own negligence does not prevent you from receiving benefits. This is one of the key protections under Colorado’s workers’ compensation laws. Learn more about how workers’ compensation claims are handled in Colorado and how Matlin Injury Law can help you navigate the process.
The no-fault nature of Colorado’s system means you have a right to benefits even in situations where you may have contributed to the accident. This protection is fundamental to workers’ compensation law.
Employer Retaliation Protections
Colorado law prohibits employers from retaliating against employees for filing workers’ compensation claims. Prohibited actions include termination, demotion, harassment, reduced hours, and creating a hostile work environment. If your employer retaliates, you have legal remedies available, including reinstatement, lost wages, benefits reimbursement, and punitive damages.
If you believe your employer has retaliated against you for filing a claim, contact Matlin Injury Law to discuss your legal options. Retaliation claims require prompt action to preserve your rights.
Who Is Covered by Workers' Compensation?
Most employees in Colorado are covered by workers’ compensation insurance. However, certain groups are excluded:
- Independent contractors (with proper written agreement)
- Sole proprietors
- General partners
- Certain agricultural workers
Important Note: Construction industry workers have different rules. Sole proprietors, partners, and independent contractors in construction must carry coverage or file a formal rejection. If you’re unsure whether you’re covered, Matlin Injury Law can review your employment situation and explain your rights.
Coverage questions are common, especially for workers in specialized industries. Matlin Injury Law can clarify your coverage status and explain your options.
Getting Help With Your Claim
If you have questions about your workers’ compensation claim, contact Matlin Injury Law for a free consultation. Our attorneys understand Colorado workers’ compensation law and can help you understand your rights and options. Call (303) 487-8911 to speak with someone about your case.
We serve injured workers throughout Colorado, including in Denver, Colorado Springs, Aurora, Littleton, Parker, and surrounding areas. We handle workers’ compensation claims on a contingency basis, but we go a step further with our ‘Lower Our Fee’ Guarantee: we promise to lower our attorney fees if necessary so that we never make more money on your case than you do. Your financial recovery and stability are our top priorities. Visit Matlin Injury Law‘s about page to learn more about our team and our commitment to injured workers.
