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Workers' Compensation Summary - Colorado

The Division of Workers' Compensation (DOWC) in the Department of Labor & Employment administers Workers' Compensation in Colorado. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Colorado. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Division of Workers' Compensation, and is current as of January 2011.

In Colorado, compensation benefits are adjusted annually, and changes become effective July 1 of each year. The rates shown below are in effect from July 1, 2010 to June 30, 2011.

Type of Law and Insurance Requirements

In Colorado, workers' compensation is compulsory, but some waivers are permitted. There is a competitive state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Agricultural workers are covered the same as all other employees.

Coverage of Domestic Employees

Covers any domestic worker employed 40 or more hours per week or five or more days per week by one employer.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, there is no minimum, and the maximum is $810.67, 91% of SAWW. The maximum period of payments is the duration of disability. WC benefits are subject to Social Security benefit offsets and to reduction by benefits under an employer pension or disability plan.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, there is no minimum, and the maximum is $810.67, 91% of SAWW. The maximum period of payments is life. WC benefits are subject to Social Security benefit offsets and to reduction by benefits under an employer pension or disability plan. The lump sum maximum payable is $37,560.

Benefits for Permanent Partial Disability (PPD)

For weekly payments, the minimum is $255.13 for a scheduled injury, and the maximum is $445.42. For non-scheduled injuries, the maximum payment period is 208 weeks, and the maximum payment amount is $92,647. WC payments are subject to Social Security benefit offsets and to reduction under an employer pension or disability plan. Total maximum amount payable is $120,000. When benefits are awarded for PPD, the award of benefits shall exclude any for a previous impairment to the same body part.

Disfigurement Benefits

Colorado law covers disfigurements that are "Serious facial, head, or exposed body parts". Benefits are a maximum of $4,304, or up to $8,608 for extensive facial or body scars, burn scars, or stumps resulting from the loss of limbs, in addition to accident benefits provided under the law.

Offset Provisions in State Laws

Sections 8-50-103 and 8-51-101--Benefits for disability in this State shall be reduced by 50 percent and for death by 100 percent of any Federal OASDI payments, the workmen's compensation act of another State or the Federal Government, or an employer pension or disability plan.

Section 8-51-101(1)(c)(ii)--Permanent total disability benefits shall be reduced by 50 percent of any Federal OASDI payments received after the claimant reaches the age of 65, or in the case of a claimant who begins to receive employer-paid retirement payments at the age of 65,by an amount determined as a percentage of such benefits.

Section 8-51-101(1)(f)--Weekly temporary and permanent total disability benefits shall be offset by 100 percent of any unemployment compensation benefits received for the same week, with certain exceptions.

Section 8-42-112--Provides that if the claimant or dependent is receiving Social Security disability benefits (OASDI), and a reduction is made from State workers' compensation benefits as an offset, and the claimant is subject to workers' compensation benefits being further reduced because of contributory negligence, then such reduction shall be computed on the amount after, not before the OASDI offset is made.

Section 8-42-113.5--Receipt of benefit payments under Social Security or an employer-paid retirement benefit plan while receiving workers' compensation benefits constitutes an overpayment and subjects an award to re-opening and recovery of such payments.

Sec. 8-42-103--Placed limitations on the offset against permanent total disability benefits for private pension benefits. All contributions made by an employer to a private pension plan pursuant to a collective bargaining agreement shall be considered to have been made by the employee for purposes of calculating any offset against such benefits. Provided that such offset is limited to cases where an employer does not participate in the Federal old-age, survivors and disability insurance programs.

Contact Information

Division of Workers' Compensation
633 17th Street
Denver, CO 80202-3660

Phone: (303) 318-8700
Toll-free: 1-888-390-7936
Spanish callers: 1-800-685-0891
Fax: (303) 318-8710

Internet: http://www.coworkforce.com/DWC/

Additional Information

The Colorado Workers' Compensation Rules of Procedure are available online at:
http://www.coworkforce.com/DWC/Rules/Rules%20of%20Procedure.asp

The Colorado Workers' Compensation Act is available in PDF format (requires Adobe Acrobat Reader) online at:
http://www.coworkforce.com/DWC/WC_Act/Workers'_Compensation_Act.asp

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from the DOWC website at:
http://www.coworkforce.com/DWC/
(Desk Aid #DK4) http://www.colorado.gov/cs/Satellite?c=Document_C&childpagename=CDLE-WorkComp%2FDocument_C%2FCDLEAddLink&cid=1248577495854&pagename=CDLEWrapper
http://www.coworkforce.com/DWC/Notices/Other_Notices/AWW%20Order%202008.pdf

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