Colorado’s workers’ compensation laws are designed to help employees who get hurt or become ill due to their jobs. The purpose of this system is to provide medical care, wage replacement, and other benefits without requiring a worker to prove the employer was at fault. Workers’ comp is meant to guarantee that injured employees get needed support quickly while protecting businesses from most lawsuits arising from a Colorado workplace accidents. For workers facing job-related injuries or illnesses, understanding your rights under the law is essential.
What Exactly is Workers’ Compensation?
Workers’ compensation is a form of no-fault insurance that nearly every Colorado employer must carry. This means injured employees are helped no matter who caused the accident; workers do not have to prove negligence by their boss or co-worker to qualify. Workers’ comp is specifically meant to cover injuries that “arise out of and in the course of employment.”
This covers both sudden job-site incidents and health issues that build over time from workplace duties, like those that occur from accidents, repetitive trauma, or occupational illnesses and diseases. In some cases, even mental health conditions are covered under workers’ compensation laws in Colorado.
Who Is Required to Provide Workers’ Comp in Colorado?
Colorado law requires nearly every employer to carry workers’ compensation insurance, even if they only have one employee. This rule applies whether workers are full-time, part-time, or family members working in the business. Anyone who performs work and receives a paycheck is generally considered an employee for the purposes of this requirement. However, a few exceptions exist.
For example, independent contractors are not entitled to workers’ compensation benefits, though the state uses a specific and strict test for determining true independent contractor status. If there is any doubt about whether you qualify as an employee, or believe your employer has improperly classified you, it’s smart to speak to an attorney right away to evaluate your job status and your potential right to benefits.
Notification Deadline For Injuries on The Job in Colorado
In Colorado, you are required to notify your employer in writing about your workplace injury within 4 working days of when the injury happened.
Every employee who sustains an injury resulting from an accident shall notify said employee’s employer in writing of the injury within four days of the occurrence of the injury.
Written notice is important not just because it’s required – it also creates a record that you tried to seek help and triggers your employer’s responsibility within the system. If you realize your injury later or aren’t able to report it within the deadline, you should still provide written notice as soon as possible.
Workers Will Soon Be Able to Choose Their Own Doctor After On-The-Job Injuries
Under the current Colorado workers’ compensation law, employers must provide an injured worker with a list of at least four designated medical providers, and the worker must choose their treating doctor from this list. If the employer fails to provide a list, then the employee may select any authorized treating physician.
However, Colorado workers’ compensation law is changing, giving workers more control over their medical care if they’re hurt on the job. Starting January 1, 2028, employees will no longer be forced to rely on an employer-provided list of four doctors to treat work injuries.
Instead, injured workers will be able to select their own doctor from the Division of Workers’ Compensation’s approved list, which includes over a thousand Level I and II accredited healthcare providers. Workers must make their choice from this statewide list, but as long as they do, the decision is completely theirs.
Also, the window for requesting a physician change is getting longer. Injured employees will now have up to 120 days (an increase from the previous 90 days) to switch doctors, as long as this is before reaching maximum medical improvement (MMI). These updates apply to claims filed on or after January 1, 2028.
Contact Our Colorado Worker’s Compensation Attorney Today
Workers’ compensation laws can be a bit complicated, but you don’t have to figure them out on your own. Ridder Law has handled these types of claims for more than a decade, and we’ll do everything we can to help you get the coverage you deserve. Contact us today to schedule a free consultation with a Colorado workers’ compensation lawyer at (303) 529-9662.