Workers' comp deadlines in Colorado: tell your employer and file

Tell your employer in Colorado

Time limit

10 days

Counted from

The date of the injury

In writing?

Yes, in writing

If you are late

If you do not report in writing on time, you may lose up to one day's pay benefits for each day you are late. You lose nothing for the delay if your employer actually knew about the injury or you had a good reason. The 10 days stop running while your employer fails to give you a copy of your notice or did not post the required workers' compensation notice at work.

Illness that develops over time

For an occupational disease, give your employer written notice within 30 days after the first clear sign (first distinct manifestation) of the disease. If your employer already knew about the disease and your exposure, that counts as notice. A late notice can reduce your benefits by up to one day's pay for each day late, unless the employer knew or you had good cause.

Tell your employer about the injury in writing within 10 days after it happens. If your employer is self-insured or in a public-entity self-insurance pool, the law gives 10 working days. If more than 10 days have passed, still notify your employer in writing as soon as possible. Your employer must stamp the date and time it received your notice and give you a copy within 7 days.

Law: C.R.S. § 8-43-102(1)(a), (2)(a), (3)

Source: cdle.colorado.gov

File your claim in Colorado

Time limit

2 years

Counted from

The date of the injury (or of death resulting from it)

What to file

Worker's Claim for Compensation, two copies mailed or delivered to the Division of Workers' Compensation, Customer Service Unit, 707 17th St., Suite 2300, Denver, CO 80202-3404

Source: Form WC15

Claim form

Worker's Claim for Compensation

Who files it

You give your employer written notice of the injury. You also file the Worker's Claim for Compensation (WC15) yourself with the Division (two copies by mail or in person). The form must be completed in English. The Division sends a copy to your employer or its insurer.

What your employer must do

Your employer must date-stamp your written notice and give you a copy within 7 days. Your employer must give you a written list of at least four doctors or clinics (the designated provider list) within 7 business days after you report the injury. The employer must report a lost-time injury (more than 3 shifts or calendar days off), a permanent impairment, or a listed occupational disease to the Division and the insurer within 10 days, and must post the official workers' compensation notice at work.

When the insurer decides

Within 20 days after the injury report is (or should have been) filed with the Division, the insurer must tell you and the Division in writing whether it admits or contests liability (a General Admission or a Notice of Contest). The first payment is due no later than the date it admits liability. If it contests, you can apply for an expedited hearing within 45 days.

Illness that develops over time

For disability or death from radiation or radioactive materials, cancers caused by them, uranium poisoning, asbestosis, silicosis or anthracosis, the claim must be filed within 5 years after the disability or death begins. Other occupational diseases follow the 2-year rule.

File a Worker's Claim for Compensation (WC15) with the Division within 2 years after your injury. The Division encourages every injured worker to file it, even if the employer reported the injury. If you have a reasonable excuse and your employer was not harmed by the delay, the Division can accept a late claim within 3 years. If your employer knew about the injury but did not report it to the Division, the 2 years do not start until the employer files its report. Medical care paid by your employer does not count as payment that extends the deadline.

Law: C.R.S. § 8-43-103(2), (3)

Law: C.R.S. §§ 8-43-101(1), 8-43-102(1), 8-43-103(1), 8-43-203(1)(a), 8-42-105(2)(a)

Source: cdle.colorado.gov

Waiting period and first payment in Colorado

Waiting period

Wage benefits are not paid until you have missed more than three shifts because of the injury. Medical care is covered from the start.

Source: the law says three regular working days

Paid back for the waiting days

If your disability lasts longer than two weeks from the day you leave work, the waiting days are paid back from the first day.

First payment

The first payment is due no later than the date the insurer admits liability; the insurer has 20 days after the injury report to admit or contest. After that, benefits are paid at least every two weeks. An insurer that wrongfully withholds benefits can owe a penalty of 8% of the withheld amount.

How often you are paid

Every two weeks

Law: C.R.S. §§ 8-42-103(1)(a)-(b), 8-42-105(1)-(2), 8-43-203(1)(a), 8-43-401(2)(a)

Source: cdle.colorado.gov

Deadline helper

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