A workplace injury can upend your life in seconds. Medical bills pile up, time away from work threatens your financial stability, and the claims process can feel designed to work against you. Colorado's workers' compensation system provides a legal pathway to benefits, but injured workers who navigate it without an attorney frequently receive far less than they are entitled to. Insurance carriers review every claim looking for reasons to reduce or deny benefits, and without someone who understands the process in your corner, you may accept a settlement that falls short of what your injury actually cost you.
At Mintz Law Firm, managing attorney Eric C. Staton has more than 15 years of experience representing injured workers across Colorado. Our team of 12 attorneys has recovered more than $20 million for clients annually since 2016, and we work on a contingency fee basis, meaning you pay no fees unless we recover compensation for you. If you were hurt on the job, our attorneys can assess your situation and pursue every benefit available under Colorado law.
⚠ Time-Sensitive — Colorado Law Limits Your Window to File
You have two years from the date of injury to file a workers' compensation claim in Colorado. Missing this deadline can permanently bar your right to benefits.
Mintz Law Firm offers free consultations, works on contingency (no fees unless you win), and has 300+ years of combined experience recovering benefits for injured Colorado workers.
How Mintz Law Firm Advocates for Injured Colorado Workers
Retaining a workers' compensation attorney does not complicate your claim — it levels the playing field. From the moment you retain Mintz Law Firm, our attorneys take over the parts of the process most likely to cost you benefits if mishandled. That means reviewing and completing claim paperwork, communicating directly with your employer's insurance carrier, gathering and organizing your medical records, evaluating settlement offers before you accept them, and representing you at hearings if your claim is denied or disputed.
In one case, our attorneys secured a $2.7 million settlement for a construction worker who was catastrophically injured on a Denver high-rise project and left unable to ever return to work. In another, we recovered $625,000 for a worker whose spine and shoulder injuries required months of injections and physical therapy after an on-site accident. Every case presents different facts, but our approach is consistent: thorough preparation, direct communication with insurers, and a commitment to recovering every dollar Colorado law allows.
What Is Workers' Compensation in Colorado?
Workers' compensation is an employer-paid insurance program that provides benefits to employees who suffer a work-related injury or occupational illness. Colorado law requires every employer with at least one employee — full-time, part-time, or family member — to carry workers' compensation insurance at all times. Employers cannot pass the cost of this insurance to employees, and failure to maintain coverage may result in significant fines and penalties.
The Colorado Division of Workers' Compensation (DOWC), administered through the Colorado Department of Labor and Employment, oversees the system and sets the procedural rules for filing claims, resolving disputes, and calculating benefits. Workers' comp operates as a no-fault system, meaning you do not have to prove your employer was negligent to receive benefits. You only need to demonstrate that the injury or illness arose out of and occurred in the course of your employment.
Workers' Compensation Benefits Available in Colorado
Colorado workers' compensation provides several distinct categories of benefits depending on the nature and severity of your injury. Understanding what you are entitled to helps you evaluate whether any settlement offer fully compensates you before you agree to accept it.
Medical Benefits
Workers' comp covers all reasonable and necessary medical expenses related to your work injury, including emergency care, hospital stays, doctor visits, physical therapy, X-rays, prescription medication, medical supplies, and transportation costs to authorized medical appointments.
Wage Loss Benefits
If your injury prevents you from working, or limits the hours or duties you can perform, Colorado provides wage loss benefits calculated at two-thirds of your average weekly wage before the injury. Temporary total disability (TTD) benefits apply when you cannot work at all during recovery. Temporary partial disability (TPD) benefits apply when you return to work in a reduced capacity and are earning less as a result.
Permanent Disability Benefits
Once your doctor determines you have reached Maximum Medical Improvement (MMI), your condition is rated to determine whether permanent disability benefits apply. Permanent partial disability (PPD) covers workers who retain some earning capacity but carry lasting physical limitations. Permanent total disability (PTD) benefits, equal to two-thirds of your pre-injury weekly wage, apply when an injury renders you unable to perform any type of work.
Vocational Rehabilitation
If your injury permanently prevents you from returning to your previous occupation, Colorado's workers' compensation system may provide vocational rehabilitation assistance to help you retrain for a different field of work.
Death Benefits
When a work-related injury or illness causes a fatality, surviving dependents can receive weekly benefits equal to two-thirds of the deceased worker's average weekly wage, along with coverage for funeral and burial expenses up to the amount permitted under Colorado law.
What Injuries Are Covered Under Colorado Workers' Compensation?
Colorado workers' compensation covers any injury or illness that arises out of and in the course of employment. This includes acute injuries from workplace accidents, illnesses caused by unsafe working conditions, and occupational diseases that develop over time from repeated exposure. Common covered injuries include:
- Fractures, torn ligaments, and joint injuries from falls or equipment accidents
- Back and spinal injuries from lifting, repetitive strain, or traumatic impact
- Traumatic brain injuries and concussions from falls or being struck by objects
- Amputations and crush injuries from machinery
- Burns and electrocution injuries
- Occupational lung diseases from exposure to chemicals, asbestos, or poor air quality
- Repetitive stress injuries including carpal tunnel syndrome
For workers in skilled trades and industrial settings, our iron and steel workers' compensation attorneys handle claims involving the most severe category of job-site injuries. If you are unsure whether your specific injury or illness qualifies for coverage, speaking with a workers' compensation attorney is the most reliable way to find out.
What to Do After a Workplace Injury in Colorado
The steps you take immediately after a work injury can significantly affect whether your claim is approved and how much compensation you ultimately receive. Colorado law imposes strict reporting deadlines, and delays can reduce or eliminate benefits you would otherwise be entitled to.
- Report the injury in writing within four working days. You must notify your employer in writing within four working days of the injury. Verbal notice alone does not fully protect your rights. This written notice requirement is codified in C.R.S. § 8-43-102. Every day past this window that you delay reporting can result in a reduction of your benefits.
- Seek medical care through an authorized provider. Your employer or their insurer has the right to direct you to an authorized medical provider for initial treatment. Seek care as soon as possible, even if your symptoms seem minor at first.
- Document everything. Photograph the scene and your injuries, keep notes on every communication with your employer and their insurer, retain copies of all medical records and bills, and document every workday missed.
- Consult an attorney before accepting any settlement offer. Insurance carriers may reach out quickly after your injury with a settlement offer. Before signing anything, have an attorney evaluate whether the offer reflects the full value of your claim.
Can Your Employer Retaliate Against You for Filing a Workers' Comp Claim?
This is one of the most common concerns injured workers raise before coming forward, and it is one of the most important protections Colorado law provides. Your employer is legally prohibited from terminating, demoting, cutting your hours, or otherwise retaliating against you because you filed a workers' compensation claim. C.R.S. § 8-43-304 specifically makes this form of retaliation unlawful.
If your employer takes adverse action against you after you file a claim, or threatens to do so, you may have grounds for a separate legal claim in addition to your workers' compensation benefits. Too many injured workers delay reporting out of fear of losing their job. That fear is understandable, but it costs them benefits they are legally owed. Filing a workers' comp claim does not put your employment at risk under Colorado law — retaliating against you for doing so puts your employer at legal risk instead.
What Happens When a Workers' Compensation Claim Is Denied?
Insurance carriers deny valid claims more often than most workers expect, and a denial does not mean the process is over. After receiving a notice of contest, Colorado's injured workers have 45 days to file an application for an expedited hearing with the Colorado Division of Workers' Compensation. An attorney is particularly important at this stage, as the hearing process involves presenting medical evidence, legal arguments, and procedural filings under DOWC rules that are easy to mishandle without representation.
If you receive a Final Admission of Liability but believe the benefits awarded are less than you are entitled to, you have 30 days to object to the decision. Insurance companies regularly issue low initial awards, knowing that many workers will not challenge them. Understanding your appeal rights and acting within the deadlines is essential to recovering the full compensation you are owed.
Statute of Limitations for Colorado Workers' Compensation Claims
Under C.R.S. § 8-43-103, Colorado law gives injured workers two years from the date of injury to file a formal Workers' Claim for Compensation with the DOWC. For occupational diseases or injuries that develop gradually over time, such as repetitive stress conditions or illnesses from prolonged exposure, the two-year clock typically begins on the date of last injurious exposure rather than when symptoms first appeared.
Within this two-year window, Colorado also imposes shorter interim deadlines that injured workers must meet to preserve their full rights. You must report your injury to your employer in writing within four working days. Your employer then has 10 days from receiving your written notice to report the injury to their insurer, and the insurer has 20 days from the filing date to approve or deny your claim. If you are approaching the two-year mark on a claim, contact an attorney immediately. Missing this filing deadline is typically irreversible and permanently bars your right to pursue benefits.
Workers' Compensation Attorneys Serving Colorado
Mintz Law Firm’s work injury attorneys represent injured workers throughout the Denver metro area and across Colorado. Our work injury practice also covers construction accident claims and occupational and industrial disease cases. We also maintain dedicated resources for injured workers in Lakewood, Aurora, and Arvada. Wherever you were injured on the job in Colorado, our attorneys are available to evaluate your situation in a free, no-obligation consultation.
Frequently Asked Questions About Colorado Workers' Compensation
Injured Colorado workers frequently ask our attorneys these questions during consultations. If you do not see your situation addressed here, call us at (303) 462-2999 to speak with an attorney directly.
Do I have a valid workers' compensation claim in Colorado?
If you were injured or became ill as a direct result of your work duties or work environment, you likely have a valid claim. Colorado's workers' compensation system covers a wide range of injuries and occupational illnesses, and it operates as a no-fault system — meaning you do not need to prove your employer was at fault to receive benefits. The most reliable way to determine whether your specific situation qualifies is to speak with a workers' compensation attorney. Many claims that workers assume are not covered turn out to be fully compensable under Colorado law.
How long do I have to file a workers' comp claim in Colorado?
In most cases, you have two years from the date of injury to file a Workers' Claim for Compensation with the Colorado Division of Workers' Compensation. For injuries that develop over time, such as occupational diseases or repetitive stress conditions, the two-year period typically begins on the date of last injurious exposure. You must also report the injury to your employer in writing within four working days of the accident. Missing either of these deadlines can cost you your right to benefits, so acting promptly is essential.
How much does it cost to hire a workers' compensation attorney in Colorado?
Mintz Law Firm handles workers' compensation cases on a contingency fee basis. This means you pay no attorney fees unless we recover compensation for you. There are no upfront costs and no out-of-pocket legal expenses during your case. You can consult with our attorneys for free to discuss your situation and understand your options before making any commitment.
Can my employer fire me for filing a workers' compensation claim?
No. Colorado law prohibits employers from terminating, demoting, reducing hours, or taking any other adverse employment action against a worker for filing a workers' compensation claim. Employer retaliation for exercising your workers' comp rights is unlawful under Colorado statute. If your employer has retaliated against you or threatened to do so, you may have grounds for an additional legal claim beyond your workers' compensation benefits. Contact our attorneys to discuss your situation.
What should I do if my workers' comp claim is denied?
A denial is not the end of the road. After receiving a notice of contest, you have 45 days to file an application for an expedited hearing with the Colorado Division of Workers' Compensation. If you receive a Final Admission of Liability but believe the benefits awarded undervalue your claim, you have 30 days to object. Both appeals processes involve procedural and evidentiary requirements that are much easier to navigate with an attorney representing you. Contact Mintz Law Firm as soon as you receive a denial to protect your appeal rights.
Can I see my own doctor for a work injury in Colorado?
Your employer or their workers' compensation insurer generally has the right to direct your initial medical care to an authorized provider. However, you also have the right to have a doctor of your own choosing examine you, though your employer's insurer may not be required to pay for that examination. If your employer fails to direct you to an authorized medical provider, they may lose the right to control your medical treatment. An attorney can help you understand your rights around medical care and ensure your treatment is properly documented to support your claim.
Contact Our Colorado Workers' Compensation Attorneys
Mintz Law Firm has represented thousands of injured Coloradans since founding attorney David J. Mintz began practicing more than 35 years ago. Our team includes 12 attorneys with an average of 20 years of experience, and we are committed to pursuing every benefit available to injured workers under Colorado law — from the initial claim through the appeals process if necessary. We are available 24 hours a day, seven days a week, and we offer free consultations to evaluate your situation.
Do not navigate this process alone. Call us at (303) 462-2999 or complete our contact form to schedule a free consultation with a Colorado workers' compensation attorney today.
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