Colorado workers' compensation is administered by the Division of Workers' Compensation (DWC) within the Colorado Department of Labor and Employment, governed by C.R.S. Title 8, Articles 40-47.
1. Who Is Covered
All Colorado employers with 1 or more employees (full or part-time) must carry workers' comp (C.R.S. § 8-44-101).
Includes domestic and casual workers if working 40+ hours/week or 5+ days/week.
Sole proprietors, partners, and LLC members may opt out.
2. Notice to Employer — 4 Working Days (Penalty for Delay)
Under C.R.S. § 8-43-102, the employee must give written notice to the employer within 4 working days of the injury.
Penalty for delayed notice: loss of 1 day's compensation per day of delay (max 2 weeks). Total bar at 90 days.
3. Filing Deadline — 2 Years (3 for Specific Cases)
File a Worker's Claim for Compensation (WC-15) with the DWC within 2 years of injury (C.R.S. § 8-43-103); 3 years for occupational disease and certain situations where the worker can show good cause.
4. Weekly Benefit Calculation
Temporary Total Disability (TTD): 66 2/3% of AWW (C.R.S. § 8-42-105).
2024 maximum TTD: approximately $1,283/week (91% of SAWW); minimum: 25% of TTD max.
Temporary Partial Disability (TPD): 66 2/3% of difference between pre- and post-injury AWW.
Permanent Partial Disability (PPD): scheduled or whole-person impairment.
Permanent Total Disability: TTD rate for life (with offsets).
5. Maximum Benefit Period
TTD: until MMI.
PPD scheduled: capped per body part schedule (C.R.S. § 8-42-107).
PPD whole person (non-scheduled): capped by impairment percentage × 400 weeks × age factor.
Statutory PPD cap (combined): $75,000 standard; $150,000 for higher-impairment cases (adjusted annually).
6. Medical Treatment — Designated Provider System
The employer must designate a treating physician OR provide a list of 4 physicians (with at least 2 distinct corporate medical providers) from which the employee chooses one (C.R.S. § 8-43-404(5)(a)).
Failure to designate properly allows the employee to choose any provider.
7. Choice of Doctor
Limited — chose from employer's designated 4-physician list.
8. Attorney Fees
Set by the DWC director as reasonable; typically 20% of disputed benefits; subject to approval (C.R.S. § 8-43-403).
9. Mandatory Mediation
Most Colorado workers' comp cases must attend pre-hearing mediation.
10. Retaliation
Colorado recognizes a common-law retaliatory discharge claim for workers' comp (no specific statute, but established by case law).
This is legal information, not legal advice.