The Colorado workers compensation act — formally the Colorado Workers’ Compensation Act of Colorado (C.R.S. § 8-40-101, which names Articles 40 to 47 of Title 8), found at Colorado Revised Statutes Title 8, Articles 40 to 47 (C.R.S. §§ 8-40-101 to 8-47-209) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Colorado workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Colorado at a Glance
| Official name | Workers’ Compensation Act of Colorado (C.R.S. § 8-40-101, which names Articles 40 to 47 of Title 8) |
| Where it lives | Colorado Revised Statutes Title 8, Articles 40 to 47 (C.R.S. §§ 8-40-101 to 8-47-209) |
| First enacted | 1915 |
| Reporting deadline | Within 4 working days of the injury, written notice to the employer, under C.R.S. § 8-43-102(1)(a) |
| Filing deadline | 2 years after the injury or death to file a claim with the Division, under C.R.S. § 8-43-103(2). This can stretch to 3 years if the director accepts a reasonable excuse and the employer was not prejudiced. The deadline does not start to run if the employer had notice but failed to report the injury to the Division |
| Exclusive remedy | C.R.S. §§ 8-41-102 and 8-41-104: an insured employer is immune from lawsuits for work injuries. The main exception is case law, not statute: the employer deliberately intended to injure the worker. A worker may also bring a separate claim against a negligent third party who is not the employer |
| Recent amendments | HB 24-1220, Workers’ Compensation Disability Benefits: signed June 4, 2024, parts effective August 7, 2024 and January 1, 2025. Removes the impairment-rating limit and caps combined payments at 300000 per claimant. HB 24-1140, Complex Trauma PTSD: effective on signature, 2024. SB 24-149, State Employees: effective June 7, 2024. HB 24-1139, State Employee Surviving Spouse Death Benefit: effective August 7, 2024. HB 25-1300, Proof of Entitlement and Choice of Treating Physician: effective January 1, 2028 for claims filed on or after that date. SB 26-093, Workers’ Comp Insurance Requirements for Building Permits: effective May 29, 2026. SB 26-186, Update Statutes to Allow Electronic Filing: effective August 11, 2026. HB 26-1272, Worker Protections Necessitated by Climate Change: effective August 11, 2026. SB 26-175, Adjustment of Employer Experience Modification Factor: effective January 1, 2027 |
In This Colorado Guide:
What the Colorado Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Colorado workers compensation act dates to 1915. It lives at Colorado Revised Statutes Title 8, Articles 40 to 47 (C.R.S. §§ 8-40-101 to 8-47-209), and the official text is linked in the sources.
Disputes are heard by Office of Administrative Courts judges, not by the workers’ comp agency itself, and appeals go to a separate Industrial Claim Appeals Office inside CDLE. HB 25-1300 gives injured workers much more control over choosing their primary treating physician for claims filed on or after January 1, 2028. Until then the current employer-designated provider rules apply. Confirm details with the Division and a licensed attorney
Who the Colorado Workers Compensation Act Covers
C.R.S. § 8-44-101 (insurance requirement) with § 8-40-203 (who counts as an employer): employers with one or more employees must carry coverage C.R.S. § 8-40-302: private household domestic or maintenance workers working under 40 hours a week and under 5 days a week, and casual maintenance, repair, farm or ranch workers paid under 2000 a calendar year, are exempt (exempt employers may choose to insure);
independent contractors are handled under § 8-40-202(2)
Deadlines in the Colorado Workers Compensation Act
Waiting period: C.R.S. § 8-42-103(1)(a): 3-day waiting period. Wage benefits are paid back to the first day if the disability lasts more than 2 weeks. Wage-loss rate: C.R.S. § 8-42-105: 66.67 percent (two-thirds) of average weekly wage, up to a cap of 91 percent of the state average weekly wage. The cap changes every year, so check the Division’s current-year maximum benefit table.
Colorado Workers Compensation Act: Key Sections at a Glance
The sections of the Colorado workers compensation act that decide most cases, each with its citation:
| Coverage mandate | C.R.S. § 8-44-101 (insurance requirement) with § 8-40-203 (who counts as an employer): employers with one or more employees must carry coverage |
| Exemptions | C.R.S. § 8-40-302: private household domestic or maintenance workers working under 40 hours a week and under 5 days a week, and casual maintenance, repair, farm or ranch workers paid under 2000 a calendar year, are exempt (exempt employers may choose to insure); independent contractors are handled under § 8-40-202(2) |
| Report an injury | Within 4 working days of the injury, written notice to the employer, under C.R.S. § 8-43-102(1)(a) |
| File a claim | 2 years after the injury or death to file a claim with the Division, under C.R.S. § 8-43-103(2). This can stretch to 3 years if the director accepts a reasonable excuse and the employer was not prejudiced. The deadline does not start to run if the employer had notice but failed to report the injury to the Division |
| Waiting period | C.R.S. § 8-42-103(1)(a): 3-day waiting period. Wage benefits are paid back to the first day if the disability lasts more than 2 weeks |
| Wage-loss rate | C.R.S. § 8-42-105: 66.67 percent (two-thirds) of average weekly wage, up to a cap of 91 percent of the state average weekly wage. The cap changes every year, so check the Division’s current-year maximum benefit table |
| Exclusive remedy | C.R.S. §§ 8-41-102 and 8-41-104: an insured employer is immune from lawsuits for work injuries. The main exception is case law, not statute: the employer deliberately intended to injure the worker. A worker may also bring a separate claim against a negligent third party who is not the employer |
| Uninsured employer penalty | C.R.S. § 8-43-409: daily fines for an employer that is uninsured, lets coverage lapse, or fails to renew; the amounts are in note 3. Separately, C.R.S. § 8-43-408 adds extra liability on top of benefits for an employer that was uninsured when the injury happened |
| Who hears disputes | C.R.S. § 8-43-201: the Division director and administrative law judges at the Office of Administrative Courts (Department of Personnel & Administration) hear disputed claims. C.R.S. § 8-43-301: appeals go to the Industrial Claim Appeals Office, then to the Colorado Court of Appeals (§ 8-43-307) |
The Exclusive-Remedy Bargain in the Colorado Workers Compensation Act
C.R.S. §§ 8-41-102 and 8-41-104: an insured employer is immune from lawsuits for work injuries. The main exception is case law, not statute: the employer deliberately intended to injure the worker. A worker may also bring a separate claim against a negligent third party who is not the employer
Retaliation and Penalties Under the Colorado Workers Compensation Act
The Colorado workers compensation act bars an employer from firing, demoting or punishing a worker for filing a claim; the remedy is a separate lawsuit or an agency complaint, with reinstatement and back pay available. C.R.S. § 8-43-409: daily fines for an employer that is uninsured, lets coverage lapse, or fails to renew; the amounts are in note 3.
Separately, C.R.S. § 8-43-408 adds extra liability on top of benefits for an employer that was uninsured when the injury happened C.R.S. § 8-43-201: the Division director and administrative law judges at the Office of Administrative Courts (Department of Personnel & Administration) hear disputed claims. C.R.S. § 8-43-301: appeals go to the Industrial Claim Appeals Office, then to the Colorado Court of Appeals (§ 8-43-307)
Recent Amendments to the Colorado Workers Compensation Act
HB 24-1220, Workers’ Compensation Disability Benefits: signed June 4, 2024, parts effective August 7, 2024 and January 1, 2025. Removes the impairment-rating limit and caps combined payments at 300000 per claimant. HB 24-1140, Complex Trauma PTSD: effective on signature, 2024. SB 24-149, State Employees: effective June 7, 2024. HB 24-1139, State Employee Surviving Spouse Death Benefit: effective August 7, 2024.
HB 25-1300, Proof of Entitlement and Choice of Treating Physician: effective January 1, 2028 for claims filed on or after that date. SB 26-093, Workers’ Comp Insurance Requirements for Building Permits: effective May 29, 2026. SB 26-186, Update Statutes to Allow Electronic Filing: effective August 11, 2026. HB 26-1272, Worker Protections Necessitated by Climate Change: effective August 11, 2026.
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SB 26-175, Adjustment of Employer Experience Modification Factor: effective January 1, 2027
How to Read the Colorado Workers Compensation Act
Statute pages are written for lawyers, so read the Colorado workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Colorado workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Colorado claim guide turns these sections into steps and dates, and the Colorado requirements guide covers the employer side.
Frequently Asked Questions
Where is the Colorado workers compensation act in the code?
Colorado Revised Statutes Title 8, Articles 40 to 47 (C.R.S. §§ 8-40-101 to 8-47-209). The sources below link to the official text.
How long do I have to report a work injury under the Colorado act?
Within 4 working days of the injury, written notice to the employer, under C.R.S. § 8-43-102(1)(a). Report in writing as soon as possible either way.
Can I sue my employer instead of using the Colorado workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Colorado Sources & Resources
- Colorado Colorado Department of Labor and Employment, Division of Workers’ Compensation: https://cdle.colorado.gov/dwc
- Colorado Workers’ Comp Statute: https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-08.pdf
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Colorado workers compensation act guide was last verified against official Colorado sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.