How Long Can You Stay on Workers’ Comp in Colorado?

How Do Temporary Workers’ Compensation Benefits Work in Colorado?

Colorado offers a few different types of workers’ compensation benefits. One of the most common is temporary total disability (TTD).

TTD pays two-thirds of your pre-injury average weekly wages. To be eligible for these benefits, a physician must completely restrict you from returning to work. You may also qualify for TTD if you can work in a limited capacity, but your employer can’t accommodate it.

Temporary partial disability (TPD) offers two-thirds of the difference between your pre- and post-injury average weekly wages. You may be eligible for TPD if your doctor has cleared you for limited work. There’s a waiting period of three scheduled work shifts. These are only compensated if you’re disabled for more than 14 calendar days.

It’s not always easy to understand how long workmans’ comp lasts in these instances. Generally, the benefits will continue until your physician declares that you’ve reached maximum medical improvement, or you can return to your regular job duties. They may also be terminated if you fail to appear at a scheduled medical appointment.

What Happens When You Reach Maximum Medical Improvement?

Maximum medical improvement is the point at which an authorized treating physician determines that your condition has stabilized, and further treatment won’t provide significant benefit. It doesn’t mean you’re completely healed. Once you reach MMI, your benefits will end, but you can still receive ongoing maintenance care.

Can You Receive Permanent Workers’ Compensation Benefits in Colorado?

It’s possible to receive permanent workers’ compensation benefits in Colorado. Permanent total disability (PTD) benefits apply to workers who have injuries so severe that they can’t work in any type of employment or capacity. In such a scenario, you may be entitled to lifetime wage replacement benefits.

With PTD, you’ll receive two-thirds of your average weekly wage and coverage for all medical expenses. The state presumes that you’re entitled to PTD if you sustain spinal cord injuries that result in paralysis or the loss of both hands, both feet, or both eyes, along with several other catastrophic injuries.

Permanent partial disability (PPD) may be available if your injury has resulted in a permanent physical impairment, but you’re still able to work in some capacity. Your compensation will be dictated by the rating your physician gives your injury.

Can Workers’ Comp Benefits Last for Life in Colorado?

Workers’ comp benefits can last for life in Colorado, but only in specific circumstances. If you receive PTD or you’re a family member of someone who died because of a work-related injury or illness, you may qualify to receive lifetime benefits.

When Do Workers’ Compensation Benefits Stop in Colorado?

You’ll stop receiving workers’ compensation benefits if or when:

• Your doctor clears you to return to work.
• You reach MMI.
• You refuse to perform modified work that your employer offers.
• You reach a settlement.

If you believe your benefits were terminated before they should have been, you may be able to appeal the decision with the Colorado Division of Workers’ Compensation.

How Long Do You Have To File a Workers’ Compensation Claim in Colorado?

You must notify your employer of your injury within 10 days of its occurrence. However, you have up to two years to formally file a workers’ compensation claim in the state.

If you’re filing for an occupational illness, the timeline is a bit different. You must provide a written notice to your employer within 30 days of the illness’s first symptoms. When filing with the state, you may have up to three years, but there are exceptions. 

If you miss the deadline, you’ll lose the right to file a claim, so it’s essential to act quickly.

How Can a Workers’ Compensation Lawyer Help?

Consulting with a workers’ compensation lawyer can make it easier to understand exactly what benefits you may be eligible to receive. The experienced team at Bachus & Schanker knows how to gather relevant evidence to demonstrate the severity of the injuries you’ve suffered, as well as how they impact your ability to work.

Filing workers’ compensation claims is rarely simple. If your claim is denied, it could cause more hardship. With an attorney helping you, it will be easier to appeal the decision. The same is true if your benefits are terminated prematurely, or there are any disputes about how your injury occurred.

Contact Bachus & Schanker About Your Workers’ Compensation Claim

After suffering an injury or developing an illness at work, you need qualified legal representation. The team at Bachus & Schanker can provide the comprehensive support you deserve. Contact us today to schedule a free case evaluation and learn more about your options.

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