What Benefits Am I Entitled to After a Workplace Injury in Colorado?

If you’re injured on the job in Colorado, you may be entitled to medical care, wage replacement, and disability benefits through the state’s workers’ compensation system. These benefits are designed to cover your treatment costs and support you financially while you recover, regardless of who was at fault for the injury.

Receiving the full range of benefits you’re entitled to isn’t always straightforward. Many injured workers face delayed payments, disputes over medical treatment, and even claim denials. A Colorado workers’ compensation lawyer can ensure your claim is handled properly and that you receive the benefits you’re entitled to without unnecessary setbacks.

What Is Workers’ Compensation in Colorado, and Who Qualifies?

Workers’ compensation is a system of benefits that provides medical care and wage support to employees who suffer work-related injuries or illnesses. In Colorado, almost every employer is required by law to carry workers’ compensation insurance, even if they have only one employee.

Who Is Eligible for Workers’ Comp?

You may qualify for workers’ comp benefits if:

• You are an employee (full-time, part-time, or seasonal).
• Your injury or illness occurred in the course of your job duties.
• You report the injury to your employer within ten working days (though benefits aren’t automatically denied if you miss this deadline, it can cause a penalty against your benefits

Who Might Not Qualify for Workers’ Comp?

You may not qualify if:

• You are an independent contractor (unless misclassified).
• Your injuries happen off the job or while engaging in misconduct.
• You are in some volunteer positions (though exceptions may apply).

You don’t have to prove anyone was at fault to get benefits. Colorado’s system is no-fault, meaning you can receive benefits even if you made a mistake that led to your injury.

What Medical Benefits Am I Entitled to After a Work Injury?

If your claim is approved, you’re entitled to 100 percent coverage of all reasonable and necessary medical expenses related to your injury.

Covered medical treatments include:

• Doctor visits and specialist care
• Surgery and hospitalization
• Physical therapy and rehabilitation
• Prescription medications
• Diagnostic tests (X-rays, MRIs, etc.)
• Medical equipment (braces, crutches, etc.)

Who Treats My Workplace Injury?

In Colorado, your employer or their insurance carrier has the right to select the authorized treating physician (ATP). This is the doctor you must see for your treatment to be covered by insurance. Your employer must provide you with a list of designated providers to choose from.

If you’re unhappy with the ATP, you may be able to request a change, but you must follow strict deadlines and procedures. Speaking with our workers’ comp attorneys can help you understand your options and protect your right to proper care.

Can I Receive Wage Replacement if I’m Unable to Work?

Yes. If your injury keeps you from working or reduces your ability to earn your usual income, Colorado workers’ compensation provides temporary disability benefits to help replace lost wages.

There are two types of lost wage replacement:

Temporary Total Disability (TTD)

You may qualify if you’re completely unable to work while recovering. This coverage:

• Is approximately 66 ⅔ percent of your average weekly wage (AWW).
• Begins after 3 missed workdays unless you’re off work for more than 14 days, in which case you’re paid from day one.

Temporary Partial Disability (TPD)

You may qualify if you can only work on a part-time basis or with restrictions that reduce your pay.

What you can receive depends on:

• The difference between your normal pay and your reduced wages during recovery
• Statewide maximums, which are adjusted annually

Our Colorado workers’ comp attorneys can calculate your correct rate and ensure timely payments.

What if My Injury Leads to Permanent Disability?

If your work injury results in long-term limitations, you may qualify for permanent disability benefits. Colorado law recognizes two types:

Permanent Partial Disability (PPD)

You may receive PPD if you have a lasting impairment but are still able to work in some capacity. A doctor assigns you an impairment rating once you’ve reached maximum medical improvement (MMI)—the point where your condition is stable.

Benefits are based on:

• The body part affected
• The degree of impairment
• Your average weekly wage

Permanent Total Disability (PTD)

You may qualify for PTD if you are unable to return to any type of gainful employment due to your injury. PTD benefits typically last for life and are paid at the same rate as TTD.

If there’s disagreement over your impairment rating or work capacity, you may need a Division Independent Medical Exam (DIME). Legal guidance can be key during this stage.

Are There Death Benefits for Families of Deceased Workers?

Yes. If a worker dies due to a job-related injury or illness, Colorado law provides death benefits to eligible surviving dependents, including:

• Spouses
• Dependent children
• Possibly other dependents (based on financial reliance)

These dependents may recover:

• Wage replacement payments based on a percentage of the deceased worker’s average wage
• Funeral and burial expenses

The amount and duration of benefits depend on your relationship to the deceased and other eligibility factors.

Can I Sue My Employer for a Workplace Injury?

In most cases, no, you cannot sue your employer for a workplace injury in Colorado. Workers’ compensation is considered the “exclusive remedy,” meaning it replaces the need for lawsuits by providing guaranteed benefits.

However, you can file a lawsuit in cases involving:

• Third-Party Liability: If someone other than your employer caused your injury (e.g., a negligent subcontractor or defective equipment manufacturer), you may be able to file a separate personal injury claim or lawsuit against that third party.
• Intentional Harm: If your employer intentionally caused your injury, this may fall outside the workers’ comp system and justify a civil suit.

These situations can be legally complex, and pursuing both a workers’ comp claim and a third-party lawsuit requires careful coordination. An attorney from our firm can help you explore your legal options.

How Can a Colorado Workers’ Compensation Attorney Help Me?

Even though the system is meant to protect you, workers’ compensation claims often involve delays, denials, or reduced benefits. Our Colorado workers’ comp attorneys can:

• Ensure your claim is filed completely and on time
• Fight for full wage and medical benefits
• Challenge unfair denials or medical findings
• Represent you at hearings or mediation
• Review settlement offers

Many injured workers find that legal representation levels the playing field when dealing with insurance companies and employers who have teams of adjusters and attorneys on their side.

Know Your Rights, Protect Your Future in Colorado

Navigating a workplace injury can be overwhelming, but you don’t have to do it alone. Understanding what benefits you are entitled to after a workplace injury in Colorado can make all the difference in your recovery.

If you face delays, denials, or difficult decisions, a Colorado workers’ compensation attorney from Matlin Injury Law can provide the support you’re entitled to under Colorado law. Call now for a free consultation.