Getting hurt at work turns your life upside down fast. Medical appointments take up your time and you are getting emails from the adjuster asking for information that makes you wonder whether they are trying to deny your claim. At The Webster Law Firm, LLC, we have helped injured workers in Colorado Springs, El Paso County and Pueblo navigate the workers’ compensation system for over 20 years. We know the rules, we know the process, and we handle the insurance company so you can focus on the job of healing.
Hurt on the job? Call (719) 633-6620 or contact us online for a free consultation.
COLORADO WORKERS’ COMP BASICS
How Colorado Workers’ Compensation Works
Colorado workers’ compensation is a no-fault insurance system. That means you do not have to prove your employer was negligent to receive benefits and your employer cannot avoid responsibility if you were negligent in causing your own injuries on the job. If you were injured while performing your job duties, you are generally entitled to coverage. The system is designed to get you medical care quickly and replace lost wages while you recover.
Employers in Colorado are generally required to carry workers’ compensation insurance if they have at least one employee, whether full-time or part-time and they can be punished if they do not carry it. That includes small businesses, private companies, nonprofits, and most state and local government employers.
Despite how straightforward this sounds, the reality is often more complicated. It is not unusual for Employers to fail to report injuries properly or for Insurers to contest claims, delay approvals, or pressure workers to return to work before they are ready. That is where having an experienced Colorado Springs and Pueblo workers compensation attorney on your side makes a real difference.
WHAT BENEFITS ARE AVAILABLE
Workers’ Comp Benefits You May Be Entitled To
Colorado workers’ compensation covers more than just your medical bills. Depending on the nature and severity of your injury, you may be eligible for the following:
| Benefit Type | What It Covers |
|---|---|
| Medical Benefits | All reasonable and necessary medical care related to your work injury |
| Temporary Disability | Income replacement (typically 2/3 of your average weekly wage) while you are unable to work. |
| Permanent Impairment | A rating and compensation if your injury results in lasting limitations |
| Vocational Rehabilitation | Job retraining if you cannot return to your previous occupation, though this is incredibly rare and can only be offered by the insurance company. |
| Mileage Reimbursement | Mileage costs to and from medical appointments |
Unlike personal injury cases (such as a car accident) where you make a recovery of money at the end of your treatment and recovery, workers’ compensation cases free the worker from paying copays or deductibles for medical care and if the injured worker (known as a Claimant) is unable to work during the recovery period, they receive income benefits from the workers’ compensation insurer. In many cases the only thing that an injured worker needs is short term medical care and they can return to their jobs with no lingering effects. It’s when the injuries are more severe with possible lifetime impact, known as permanent physical impairment, that you need an attorney to make sure you are being provided the benefits you are entitled to. Things such as confirming the average weekly wage, preparing Claimants for medical examinations required by insurance companies (called RIME’s) and understanding the medical care provided and recommended by your doctors you are released from care by your doctor can be overwhelming and confusing. We evaluate every aspect of your situation to make sure you receive everything you are owed.
AFTER A WORK INJURY
What To Do If You Are Hurt on the Job in Colorado
The steps you take immediately following a work injury have a direct impact on your claim. Many workers cause difficulty in processing their claims because they did not follow the required procedures, often because they are not familiar with what is required of them after a work injury.
Report your injury in writing to your employer within four days. This is a legal requirement in Colorado. Failure to report a work injury in writing can provide the workers’ compensation insurer with the ability to request penalties for each day you delayed reporting your injury (though rare). Waiting too long also gives insurers grounds to question whether the injury is work-related and makes it more difficult for the insurer and employer to investigate the claim as they are required to do.
Request your employer’s list of authorized physicians. In Colorado, your employer or their insurer controls which doctors you can see initially (this will change in 2027). At this time you are required to use one of the four doctors or medical facilities to receive treatment and failing to use workers’ compensation doctors can result in denial of payment of medical bills.
Keep documents you receive. Keep records you receive from the insurance company. They should be mailed to you periodically and will include medical records as well as information about your claim. Be aware that many insurers are communicating via electronic means these days so monitor your personal/work email regularly. Keep a copy of the written report of injury made by you and take photos of any injuries you sustained in the work accident. While the employer should be conducting an investigation, get the names and contact information of anyone who witnessed the accident and you will want to save any communications you have with your employer. Finally, you will want to have six months worth of pay stubs showing your work pay history so it can be compared to the insurer’s calculations.
Contact a workers’ compensation attorney before speaking extensively with the insurance adjuster. Adjusters work for the insurer, not for you. Statements you make early in the process can be used against your claim. Workers’ compensation adjusters often will easily approve initial medical care, but start looking more closely at the claim based upon requests for medical care and inability to work.
File a formal claim within two years. Colorado’s statute of limitations gives you two years from the date of injury to file a workers’ comp claim. Missing this deadline means losing your rights.
For more detailed guidance, visit our What to Do If You’re Hurt on the Job resource page.
KEY DEADLINES
Colorado Workers’ Comp Deadlines at a Glance
| Action Required | Deadline | Risk of Missing It |
|---|---|---|
| Report injury to employer | Within 4 days | Insurer may deny or delay your claim |
| File a formal claim | Within 2 years of injury | You may lose your right to benefits entirely |
| See an authorized physician | As soon as possible | Treatment costs may not be covered |
| Respond to insurer requests | Per insurer notice | Benefits could be suspended |
If you have already missed a deadline, do not assume your case is over. There are exceptions under Colorado law, and an attorney may still be able to protect your rights. Contact us before giving up on your claim.
COMMON CHALLENGES
When Employers and Insurers Make Things Difficult
In a perfect system, you report an injury, your employer notifies their insurer, and benefits flow automatically. In practice, that is not always what happens. Over more than two decades of representing injured workers in Colorado Springs, we have seen a wide range of employer and insurer mistakes and misconduct, including:
Employers who fail to report the injury to their insurer at all
Employers who refuse to provide the required list of authorized treating physicians
Insurers who “contest” a claim and deny that the injury is work-related
Adjusters who are slow to respond to questions
Delays in authorizing medical treatment or specialist referrals
Disputes over your average weekly wage, which can directly affect the amount of permanent impairment benefits
When any of these situations arise, having legal representation changes the outcome. We take over communications with the insurer and advocate aggressively to get your claim moving.
TYPES OF WORK INJURIES
Work Injuries We Help Colorado Springs Workers With
Our workers’ compensation practice covers most work place injuries, including:
Traumatic injuries including falls, machinery accidents, or vehicle collisions on the job
Stress and soft tissue injuries such as back strain/sprains
Injuries resulting in permanent impairment or the inability to return to previous employment
Work injuries cause by another company’s employee
Colorado Springs has a diverse economy that includes military installations, healthcare, aerospace and defense contractors, construction, and hospitality. Our firm represents workers across all of these industries. However, we do not represent individuals working for the federal government, though we can provide you with a referral to an attorney that does (federal workers’ compensation is its own animal).
WHY WEBSTER LAW FIRM
Why Injured Workers in Colorado Springs Choose The Webster Law Firm
We are a small firm, and we believe that is a genuine advantage for our clients. You will work directly with attorney Dave Webster, who has devoted the last twenty years of his legal career to personal injury and workers’ compensation law in the Pikes Peak region and Pueblo. Dave began his career as a prosecutor and has spent over 20 years in private practice, including leading the El Paso County Bar Association as its President in 2015.
Our firm’s approach is straightforward: we guide you through a process that can feel overwhelming, we handle the insurance company, and we fight to get you the full benefits you are entitled to under Colorado law. We do not hand your case off to a paralegal and check in occasionally. We stay involved from start to finish.
Our fee structure is contingency-based, meaning you pay nothing unless we recover benefits for you. Under Colorado law, workers’ compensation attorneys are limited to a maximum contingency fee of 25%.
Ready to talk about your claim? Contact us online or call (719) 633-6620 for your free initial consultation.
FREQUENTLY ASKED QUESTIONS
Workers’ Compensation FAQs: Colorado Springs
Do I need a lawyer for a workers’ comp claim in Colorado?
You likely do not need an attorney if you are not missing any work and your injury is not likely to be permanent. If your injury is more serious, complex and/or long term then your more likely to need representation and having one can significantly improve your outcome. Insurers are represented by adjusters and attorneys who are experienced at minimizing benefits. Having an experienced Colorado Springs workers compensation attorney on your side levels the playing field, especially if your claim is contested or involves a serious injury.
What if my employer says I do not qualify for workers’ comp?
Do not take your employer’s word for it. Many workers are wrongly told they are independent contractors or are otherwise ineligible. Colorado workers’ compensation law covers most workers, including part-time employees. Contact us for a free review of your situation before assuming you have no options.
Can I be fired for filing a workers’ comp claim?
Retaliating against an employee for filing a workers’ compensation claim is illegal in Colorado. If you believe you have been terminated or disciplined because of your claim, you may have additional legal remedies beyond workers’ comp. While we do not handle employment law claims, we do know a few and would be happy to provide you with a referral.
What if my employer does not have workers’ compensation insurance?
Colorado employers are required to carry workers’ compensation insurance. If yours does not, you may still be able to file a claim through the Colorado Uninsured Employer Fund, and your employer may face significant penalties from the state. This situation is complex, and we strongly recommend speaking with an attorney immediately.
How long does a workers’ comp claim take in Colorado?
Simple, uncontested claims can resolve in a few months. Contested claims or those involving serious injuries and permanent impairment ratings can take considerably longer and can include lifetime benefits for people that are permanently and totally disabled from returning to the work force. The sooner you get an attorney involved, the sooner delays caused by insurer disputes can be addressed.
What is a Division IME and should I be concerned about it?
A Division Independent Medical Examination (DIME) is a medical evaluation required under Colorado law when there is a dispute about your treating physician’s impairment rating or maximum medical improvement determination. The DIME physician’s opinion carries significant weight and directly affects the value of your claim. We prepare our clients thoroughly for this process and assist in the selection of the doctor who will conduct the examination.
How much does it cost to hire a workers’ comp attorney?
Our workers’ compensation representation is contingency-based, meaning there are no upfront costs. Under Colorado law, attorney fees in workers’ comp cases are capped at 25% of the benefits recovered. Your initial consultation is completely free.
GET HELP NOW
Speak With a Colorado Springs Workers Compensation Attorney Today
If you were injured at work in Colorado Springs or anywhere in El Paso County, you do not have to figure out the workers’ compensation system alone. The Webster Law Firm has been protecting injured workers in the Pikes Peak region for over 20 years, and we are ready to help you.
We offer a free initial consultation with no obligation. We will review your claim, explain your rights, and tell you exactly what to expect. There is no cost to speak with us, and no fee unless we recover for you.