What Are My Rights If I Was Injured At Work In Colorado?

Do I Get Paid If I Get Injured At Work?

Yes, workers’ compensation is designed to help you recover compensation if you’ve been injured at work. Filing a workers’ compensation claim, however, doesn’t automatically grant you payment. There is a strict process that you need to follow, and among the stipulations is that you provide a doctor’s note confirming that you can’t perform your regular job duties and that you have missed at least one scheduled shift because of your injury.

Workers’ compensation covers your medical bills and lost income, but unlike a personal injury lawsuit, a workers’ compensation claim does not cover pain and suffering that might have resulted from your injury.

You can learn more about Colorado rules and guidelines for filing a workers’ compensation claim when you visit the state website.

How Does Colorado Workers’ Compensation Work?

Colorado’s workers’ compensation rules and laws follow a no-fault system. This means you will receive benefits after filing the workers’ compensation claim, even if you caused the accident. You do not have to prove that your employer was negligent.

While this is helpful, it’s important to understand that pursuing a workers’ compensation claim means you cannot sue your employer down the road, even if your injuries have evolved to be more complex than you originally thought.

What Are Workers’ Compensation Rights For Injured Employees In Colorado?

If you are an injured worker, you have the right to:

• Prompt medical treatment.
• Wage replacement benefits for the time you were unable to work.
• The option to select which physician will treat you.
• The right to appeal denied claims.
• You also have the right to file a workers’ compensation claim without fear of retaliation from your employer.

What Are The Medical Benefits After A Workplace Injury?

The medical benefits you are entitled to after a workplace injury include compensation to cover all reasonable and necessary treatment that is related to your injury. This includes covering the cost of doctor’s visits, surgeries, physical therapy, prescription medication, and even medical appointments that you are required to attend.

Wage Replacement Benefits

There are two main types of wage replacement benefits you may qualify for as well.

• Temporary total disability (TTD) from an injury in the workplace pays you 2/3 of your average weekly wage, up to the state maximum.
• Temporary partial disability (TPD) pays you 2/3 of the difference between your pre-injury wage and reduced earnings when you return to work with modified duty. This payment type only applies if your injury results in lasting impairment or a permanent disability.

What Happens If You Can’t Work After Getting Injured On The Job?

If you can’t continue working after you’ve gotten injured on the job, you should begin by filing your workers’ compensation claim, keeping up with deadlines, and providing adequate medical documentation to prove that you cannot work.

You will continue receiving your temporary total disability until you reach what’s known as your maximum medical improvement (MMI) date. This is the date that your injury has healed because you’ve finished your treatment and can also be the date that the extent of your injury is not expected to improve.

What Are An Employer’s Responsibilities After A Workplace Accident?

Employers have rights and responsibilities after one of their employees has suffered a workplace injury.

Employers must do the following within a certain time frame:

• Carry approved types of workers’ compensation insurance.
• Provide at least four approved doctors that you can see for treatment.
• Notify you of your right to choose any level one or level two physician.
• Complete an accident report.
• Comply with the claims process.
• Ensure that you receive the medical care you need.

Rules For Choosing A Doctor Under Colorado Workers’ Compensation

The rules for choosing a doctor under Colorado’s workers’ compensation law are outlined in the 2025 legislation (HB 25-1300). Your employer must notify you of your rights and provide you with a list of physicians within seven days.

You can choose any level one or level two physician from that list. If you do not choose a physician, then your employer will select one for you.

Still, you have the right to switch physicians within the first 120 days of treatment.

How To File A Workers’ Compensation Claim In Colorado

Filing a workers’ compensation claim in Colorado is crucial to recovering compensation you may be entitled to.

To start the process, you must:

• Report your injury to your employer within four days of your injury.
• Seek medical care via an emergency room visit or from an approved provider.
• File Form WC-15 with the Division of Workers’ Compensation within two years after your injury.
• The insurance carrier must acknowledge the claim and respond within 20 days, either accepting or denying it.

You also have the right to file an appeal if your claim was denied.

What Are Some Common Issues With Claims?

Some of the common issues you might find while navigating the claims process include the following:

• Missing filing deadlines, including the 4-day deadline for alerting your employer of your injury.
• Filing incomplete forms that are not fully filled out.
• Disputes about whether the injury was actually work related.
• Not submitting the proper medical documentation.
• Misclassification of workers. For example, independent contractors do not necessarily have the same rights under Colorado workers’ compensation laws.

What Are Third-Party Claims For Workplace Injuries?

If your workplace injury was caused by someone other than your employer or co-worker, you may be able to pursue additional compensation through a personal injury lawsuit. Third party claims via personal injury lawsuit can help you recover additional damages, like pain and suffering, however, they do require more proof than workers’ compensation claims do.

How Does Bachus & Schanker Help Protect Injured Workers?

At Bachus & Schanker, our workers’ compensation lawyers are experienced in handling Colorado workers’ compensation claims and can help you recover the full compensation you may be entitled to after a workplace injury.

Our attorneys will help you understand filing deadlines, follow your claims process as it moves forward, and will help you file any appeals that may be relevant in your case.

Our attorneys will also take a close look at your case to determine if there are any third parties that may also be held liable for your injury. This gives you the opportunity to recover full compensation, including the pain and suffering you might have endured.

If you do pursue a personal injury case, our attorneys are expert negotiators and will fight for the full compensation you deserve.

Contact our team today to schedule your free case evaluation and get the legal representation you deserve.

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