Understanding How Workers’ Compensation Works in Colorado
Workers’ compensation is a state-created insurance program designed to replace traditional injury lawsuits. Instead of suing an employer after a workplace injury, employees are automatically entitled to certain benefits—regardless of who was at fault—so long as the injury occurred on the job.
Mary explains that this system isn’t a bonus or settlement windfall; it’s a safety net to protect workers and ensure they receive necessary care and support while recovering. The benefits available generally fall into three key categories:
Medical care
Wage replacement
Permanent disability benefits
What Medical Care Does Workers’ Comp Cover?
Under Colorado law, employers (or their insurance carriers) have the right to choose what’s called the Authorized Treating Physician (ATP)—the main doctor responsible for an injured worker’s care. However, employees do have the right to request a one-time change of doctor.
All reasonable and necessary medical expenses are covered under workers’ compensation, including:
Doctor visits and hospital care
Surgeries and prescriptions
Physical therapy and rehabilitation
Medical equipment such as braces or wheelchairs
There are no copays for approved care. However, alternative or holistic treatments—such as naturalist or non-traditional therapies—are generally not covered.
Wage Replacement and Disability Benefits
If an employee can’t work because of an injury, workers’ compensation provides temporary disability payments, typically covering about two-thirds of the worker’s average weekly wage, up to a state maximum.
Mary emphasizes that calculating average weekly wages can be more complex than it seems. Factors such as overtime, bonuses, and seasonal work patterns must be considered to ensure injured employees are not underpaid.
For lasting injuries, permanent disability benefits may apply. These compensate workers for a loss of function or ongoing limitations caused by the injury.
What Happens if a Condition Worsens After a Case Is Closed?
After an injured worker reaches Maximum Medical Improvement (MMI)—meaning their condition has stabilized even if they haven’t fully healed—their case may be closed and benefits finalized.
However, if the worker’s condition later worsens, they have the right to reopen their claim. This can be done within two years of the last payment of benefits or within five years of the injury.
To reopen a claim, the worker must get medical documentation—either from the original authorized doctor or their regular physician—confirming that their condition has deteriorated.
Common Issues and Red Flags in Workers’ Comp Claims
Mary notes that insurance companies are designed to limit payouts, so errors or denials are common. Some of the biggest red flags include:
The insurer refusing treatment recommended by the authorized doctor
Being told you can’t change doctors when the law allows it
Benefits stopping unexpectedly
Pressure to return to work before fully recovering
An impairment rating that seems too low
Incorrect wage calculations that reduce benefit payments
When any of these happen, it’s usually a sign the worker needs to consult a workers’ compensation attorney.
Why Legal Help Matters
Workers’ compensation law is highly technical—even for attorneys who don’t regularly practice in this area. If an injured worker feels uncertain about their claim, benefits, or treatment, the best step is to speak with an experienced workers’ compensation lawyer.
Mary stresses that while the system is designed to help people recover, it only works when employees understand and protect their rights.
Contact Attorney Mary Ewing
If you’ve been injured at work and aren’t sure what benefits you’re entitled to, Attorney Mary Ewing can help you navigate your claim and fight for the compensation you deserve.
To learn more, visit maryewinglaw.com or call 303-761-1400.
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