The Workers’ Compensation Act was first passed in Colorado in 1915. It’s administered by the Division of Workers’ Compensation in the Colorado Department of Labor and Employment. Although the state provides program administration, they do not directly pay claims. Instead, claims are paid through employers’ insurance or directly by employers.

Who Is Protected By Workers’ Compensation Laws in Denver, CO?

Not all workers in Colorado are protected by the Workers’ Compensation Act. The following employees are generally covered:

• State, county, and local employees. Federal employees are generally covered under the Federal Employees’ Compensation Act (FECA).
• People receiving work experience assignments in state, county and local governments. These are generally people working in internships and include student teachers.
• Employees working for a person, firm or company. 
• Some volunteers. Volunteer firefighters, rescue teams, ambulance teams and other similar roles are covered while performing their duties and during drills or practice.
• Corporate officers and LLC members with at least 10% ownership in a company.
• Drivers for common carriers or contract carriers under certain conditions.

The following groups are expressly excluded from the Act:

• People who are employed by a passenger tramway area operator.
  This provision refers to people who work in recreational areas, such as ski resorts. If an employee is injured at a ski resort where they work during their free time, they are not eligible for workers’ compensation.
• People employed outside of Colorado who are providing incidental work within Colorado. These workers are generally covered under the Workers’ Compensation Act in their home state.
• Licensed real estate agents or brokers if they work as commission-based independent contractors.
• Inmates, except those working in programs offering workers’ compensation coverage.
• Volunteers at ski areas.
• Corporate officers and LLC members, if they have opted out of coverage in writing or own less than 10% of the company.
• Casual farm and ranch workers. This refers to workers who are hired sporadically or for short-term projects rather than ongoing part-time or full-time work.

Workers’ Rights Under Denver, CO Workers’ Comp Laws

Workers have specific rights spelled out in the Workers’ Compensation Act.

• The right to receive medical treatment after an injury at work.
• The right to be compensated for lost wages if caused by a work-related injury or illness.
• The right to appeal. If a workers’ compensation claim is denied, workers can appeal that decision.
• The right to be free from retaliation. Workers are protected against retaliation from their employers for filing a workers’ compensation claim.
• The right to privacy. Employers and insurers must protect workers’ medical privacy in line with applicable privacy laws.

The benefits schedule for Colorado workers’ compensation is set each year and varies based on whether the injury or illness is temporary or permanent and partial or total.

• For the period of July 1, 202, to June 30, 2024, temporary total disability (TTD) benefits are equal to two-thirds of your average weekly salary when you were injured (up to a maximum of $1,293.25 in benefits per week).
• For the period of July 1, 2023, to June 30, 2024, permanent total disability benefits can be set at the TTD rate, potentially for life.
• There are other schedules to determine how much is paid for partial disability, including the loss of use of limbs or disfigurement.
• Benefits can be calculated on Colorado’s Department of Labor and Employment’s website.

Filing Process for Workers’ Compensation in  Denver, CO

If you’ve been injured in the workplace in Colorado, it’s important that you follow all the rules and regulations closely. If you don’t, there’s a chance your claim will be denied. A workers’ compensation attorney can help you ensure your compliance with these requirements.

1. Report your injury to your employer within 10 days of the injury or the discovery of illness.
2. In non-emergency situations, your employer will provide you with a Designated Provider List. Choose a doctor from this list.
3. File a Workers’ Claim for Compensation (Form WC15) within two years of your injury or illness.
4. Your employer has 20 days to accept or deny your claim. If your claim is denied, you can apply for an expedited hearing, which will occur within 60 days, or a standard hearing, which will occur within 120 days.
5. If your claim is approved, work with your doctor(s) towards MMI, or maximum medical improvement. This is the point at which additional medical treatment will not substantially improve your medical situation.
6. Your employer will file a Final Admission within 30 days of you reaching MMI. If you accept this final admission, your case will close, but any approved treatment will continue to be paid for.
7. If you do not accept the Final Admission (or some portion of it), you must file an objection and request one of the following:
   1. If you disagree with the date of MMI or your assigned impairment rating, you must file for a Division Independent Medical Examination.
   2. If you disagree with anything other than the date of the MMI or your assigned impairment rating, you must file an Application for Hearing.

Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Denver, CO

If you are told that you do not qualify for workers’ compensation and you believe this to be a mistake, you should speak with an attorney as soon as possible to get assistance.

If you do not qualify for workers’ compensation, your injuries may still be covered under your health insurance. You may also qualify for Colorado disability benefits.

If your workers’ compensation claim has been denied, speak with a lawyer about your next steps.