This guide explains when and why hiring a workers comp lawyer in Colorado makes financial sense, what to expect from the process, and how to choose the right attorney. It’s designed for Colorado workers who have been injured on the job and want to protect their rights and maximize their benefits. Whether your claim is straightforward or complicated by denials, delays, or disputes, this resource will help you understand your options and make informed decisions about legal representation.
Hiring a workers’ compensation lawyer in Colorado can help ensure you receive the maximum medical care and benefits you are entitled to after a workplace injury, help you navigate the complexities of the claims process and avoid common mistakes, and help you understand your rights and the benefits you are entitled to under Colorado law.
If you’re considering hiring a workers comp lawyer in Colorado, you’re probably asking yourself one question: Do I really need to hire a workers comp attorney, or can I handle this on my own? As experienced Colorado workers compensation attorneys and Colorado workers compensation lawyers, we have deep knowledge of Colorado law and the workers' compensation claims process. The answer depends on your specific situation—but for many injured workers, getting legal representation early can mean the difference between a fair settlement and leaving thousands of dollars on the table.
Workers compensation in Colorado operates as a no fault system, meaning you don’t have to prove your employer was negligent to receive benefits. The no fault system means that workers' compensation benefits are provided regardless of who was at fault for the injury, making the process more straightforward for injured employees. Under the Colorado Workers Compensation Act (C.R.S. § 8-40-101 et seq.), employers provide insurance coverage for work-related injuries and occupational diseases, and in return, employees generally give up the right to sue their employer for additional damages.
The Colorado Workers' Compensation Act governs the claims process and outlines the rights and responsibilities of both employees and employers.
Most Colorado employers with one or more employees—whether full-time, part-time, or family members—must carry workers compensation insurance. This requirement applies across the state, from urban Denver and Colorado Springs to rural communities in Pueblo County and throughout Southern Colorado.
In Colorado, all reasonable and necessary medical treatment related to a work injury should be covered by workers' compensation.
Workers comp can provide the following types of benefits:
|
Benefit Type |
What It Covers |
|---|---|
|
Medical care |
Payment for reasonable and necessary medical treatment related to your injury |
|
Temporary disability |
A portion of lost wages while you recover (TTD or TPD) |
|
Permanent disability benefits |
Compensation for lasting impairment after you reach maximum medical improvement |
|
Vocational rehabilitation |
Job retraining or placement assistance in some cases |
|
Death benefits |
Financial support for dependents when a work injury is fatal |
In most situations, workers compensation is the “exclusive remedy,” meaning you cannot sue your employer directly for pain and suffering. However, you may still have separate personal injury claims against negligent third parties—such as equipment manufacturers or other contractors on a job site.
Steve Johnston also handles related personal injury and automobile accident claims when a third party’s negligence contributed to a workplace injury, helping clients pursue all available compensation.
Now that you understand the basics of Colorado workers’ compensation, let’s look at what injured workers in Colorado are really facing and why legal help can make a difference.
Colorado sees approximately 40,000 workers compensation claims filed every year, with $1.2 billion in premiums across the state. Pueblo and nearby Southern Colorado counties—including Otero, Fremont, Custer, Huerfano, Las Animas, and Crowley—are heavily affected, with workers in construction, manufacturing, health care, and agriculture facing some of the highest injury rates.
Common workplace injury types in these industries include:
Back and shoulder strains from lifting heavy materials
Falls from ladders, scaffolding, or elevated surfaces
Repetitive motion injuries (carpal tunnel, tendonitis)
Crush injuries from machinery or equipment
Chemical exposures and respiratory conditions
Vehicle accidents while driving for work
Even injuries classified as “non-fatal” can cause chronic pain, permanent work restrictions, job loss, and long-term financial stress when workers compensation benefits are mishandled. The emotional and financial strain on families compounds quickly when wage checks stop, medical bills pile up, and the authorized treating physician pushes to release you back to full duty before you’ve truly healed.
If you’ve been hurt on the job, call (719) 309-9484 for a free case review before agreeing to anything with the insurance company.
Understanding the challenges injured workers face sets the stage for knowing when hiring a workers comp lawyer in Colorado makes financial sense.
Not every minor, uncontested claim requires an attorney. If your employer promptly reported your injury, the insurer accepted your claim, medical treatment is going smoothly, and you’re expected to fully recover, you may be able to navigate the process yourself.
But many workers drastically underestimate when legal help can increase their total recovery and protect their job. The reality is that workers compensation insurance companies are businesses focused on minimizing payouts—not on making sure you receive all the benefits you deserve.
Hiring Johnston Law Firm, LLC often leads to better financial outcomes when:
Your injury requires surgery or extended medical treatment
Recovery will take months or longer
You’ll have permanent restrictions affecting your ability to work
There’s a dispute over your average weekly wage calculation
The insurer argues your injury isn’t work-related or was pre-existing
You received a low impairment rating at maximum medical improvement
The insurance company is pushing for premature MMI to cut off benefits
You need to negotiate a fair lump-sum settlement
The hidden costs of going alone can be significant:
Missing critical filing deadlines
Submitting incomplete forms that delay or derail your claim
Accepting a low settlement that doesn’t account for future needs
Failing to appeal a denial within the required timeframe
Not protecting your Social Security Disability or future Medicare rights
An experienced workers compensation attorney understands how to avoid these pitfalls and maximize your recovery. Colorado data suggests represented workers receive settlements roughly four times higher than unrepresented claimants—a difference that often far exceeds attorney fees.
Don’t guess at whether legal help makes sense for your situation. Call (719) 309-9484 or contact Johnston Law Firm online for a free, no obligation consultation to evaluate whether a lawyer can likely improve your financial result.
Next, let’s break down exactly how a Colorado workers’ comp lawyer can help your case from start to finish.
Many injured workers don’t realize how much power the insurance company and authorized treating physician have in Colorado’s workers comp system until benefits are suddenly cut off or minimized. By that point, significant damage may already be done to the claim.
Steve Johnston helps injured workers from the very start of the claims process by:
Ensuring the injury is reported properly and within required timeframes
Navigating employer and insurer forms to document key facts accurately
Making sure critical evidence is preserved in the first 10 days after injury
Communicating directly with the insurance carrier on your behalf
Your medical treatment is central to your recovery and your claim’s value. An experienced workers compensation lawyer can:
Challenge improper changes to your treating doctor
Request second opinions or Division IMEs when the insurer’s medical conclusions seem wrong
Push back against premature return-to-work orders that could worsen your injury
Ensure you receive necessary medical treatment without unreasonable delays
Coordinate with medical providers to facilitate timely treatment and communicate with relevant agencies to secure approval for specialist services
Lost wages often represent the largest financial impact of a work injury. Legal counsel protects your income by:
Ensuring accurate calculation of your average weekly wage
Contesting improper denial of temporary total disability (TTD) or temporary partial disability (TPD) benefits
Explaining that temporary disability benefits in Colorado typically pay two-thirds of your average weekly wage, up to a state-mandated maximum, to support you while you are unable to work during recovery
Pursuing permanent partial disability (PPD) or permanent total disability (PTD) when your injury warrants it
Challenging low impairment ratings that undervalue your condition
Steve Johnston’s broader experience across six practice areas—workers’ compensation, personal injury, automobile accidents, estate planning, criminal law, and social security law—allows him to identify issues that unrepresented workers often miss.
For example, if your work injury involved a car accident caused by another driver, you may have a third-party personal injury claim in addition to workers comp. Or if your injury is severe enough to prevent all work, coordinating a Social Security Disability application alongside your workers comp case requires careful timing to avoid offset problems.
With a clear understanding of how a lawyer can help, let’s examine the common issues that can derail Colorado workers’ comp claims—and how legal representation can address them.
Insurance carriers routinely dispute Colorado workers compensation claims. They may argue your injury was pre-existing, not work-related, or happened off the job. They may claim you’re an “independent contractor” who isn’t entitled to coverage at all.
When a claim is denied, you have the right to challenge that decision. This typically involves:
Filing an Application for Hearing with the Division of Workers Compensation
Attending a pre-hearing conference
Presenting evidence before an administrative law judge (ALJ) in Denver, Colorado Springs, or another venue
Statistics show that appeals succeed approximately 50% of the time when represented by an attorney, compared to just 20% for unrepresented workers. The administrative courts have specific procedural rules, and presenting medical evidence effectively requires experience.
In construction, trucking, and gig work, employers sometimes label workers as “independent contractors” or “1099” to avoid providing workers compensation insurance. This misclassification can leave injured workers without coverage when accidents happen.
A workers comp attorney can analyze factors like:
How much control the employer exercises over your work
Who provides equipment and tools
How you’re paid (hourly, salary, or per job)
Whether you can work for other companies
If you’ve been misclassified, you may still be entitled to workers compensation benefits.
Even when claims aren’t outright denied, insurance companies use various tactics to minimize payouts:
Repeated requests for recorded statements
Surveillance to find evidence you’re “not really injured”
Sending you to insurer-friendly doctors for biased independent medical exams
Slow-walking approval for surgery, MRIs, or other diagnostic testing
Disputing whether treatment is “reasonable and necessary”
Legal representation forces accountability and deadlines, preventing these delays from dragging on indefinitely.
If your claim has been denied, delayed, or you’ve been told you’re “just a contractor,” call (719) 309-9484 immediately or contact the firm online.
Understanding these common pitfalls, let’s explore how much your Colorado workers’ comp case could be worth and what factors affect your settlement.
There’s no public “settlement chart” that guarantees a specific dollar amount for any workers comp case. The value of your claim depends on your specific medical evidence, wage data, and the long-term impact on your ability to earn a living.
|
Factor |
How It Affects Value |
|---|---|
|
Average weekly wage (AWW) |
Higher pre-injury wages mean higher disability payments |
|
Permanent impairment rating |
Assigned at MMI; higher ratings mean more compensation |
|
Age and job skills |
Younger workers or those with limited transferable skills may receive more |
|
Future medical needs |
Ongoing treatment requirements increase settlement value |
|
Return-to-work capacity |
Inability to return to previous job type affects long-term calculations |
Colorado law distinguishes between temporary and permanent disability benefits:
Temporary benefits (TTD/TPD): Replace a portion of your wages while you’re recovering and unable to work at full capacity. These are calculated at approximately 66 2/3% of your average weekly wage, subject to statutory caps.
Permanent benefits: Begin after you reach maximum medical improvement and receive an impairment rating:
Scheduled PPD: Specific amounts for loss of use of body parts (hand, arm, leg, etc.)
Whole person PPD: Compensation based on overall impairment percentage
PTD: Benefits for workers who cannot perform any sustained gainful employment
To illustrate: A Pueblo construction worker who loses significant use of a hand may receive scheduled benefits based on a fixed formula. A worker with a spine injury that prevents all heavy labor may receive whole person benefits reflecting broader work limitations.
A colorado workers compensation lawyer can evaluate whether a lump-sum settlement offer fairly compensates you for:
Future wage loss if you can’t return to your previous work
Ongoing medical expenses and treatment plans
The true extent of your permanent impairment
Whether the offer accounts for potential complications
Don’t guess at your claim’s value. Schedule a free case assessment with Johnston Law Firm at (719) 309-9484 or through the secure online form.
Knowing your claim’s value is important, but taking the right steps after a work injury is critical to protecting your rights. Here’s what to do immediately after an injury in Colorado.
What you do in the first hours and days after a workplace injury can make or break your claim months later. Taking the right steps protects your health and your legal rights.
Report the injury to your supervisor in writing within 4 days if possible (10 days for remote work sites). Verbal reports can be disputed later.
Seek medical care from an employer-authorized provider unless it’s a true emergency. In emergencies, go to the nearest hospital.
Keep copies of all accident and medical paperwork, including incident reports, treatment records, and communications with the insurer.
Be truthful but concise when describing your injury. Don’t minimize symptoms or guess about medical causes.
Avoid giving recorded statements to insurers without legal advice. These statements can be used to undermine your claim later.
Keep a simple injury journal tracking:
Daily pain levels and symptoms
Work restrictions imposed by your doctor
Days of work missed
How the injury affects your daily life and activities
All medical appointments and what was discussed
This documentation helps support later benefits calculations and impairment ratings.
Consider reaching out to Johnston Law Firm early in the process if:
Your employer refuses to report the claim
Doctors seem rushed to return you to full duty
The insurer pushes for a quick settlement before you’ve fully healed
You’re uncertain whether your injury qualifies for coverage
Early legal counsel often prevents problems that become much harder to fix later.
Once you’ve taken these steps, choosing the right workers’ comp law firm is your next priority. Here’s how to make an informed choice.
Navigating the workers compensation system in Colorado can be overwhelming, especially when you’re dealing with the stress of a workplace injury. That’s why choosing the right law firm is one of the most important decisions you’ll make in your pursuit of workers compensation benefits. A law firm that focuses on workers compensation law and has a deep understanding of colorado workers compensation can make all the difference in the outcome of your case.
Look for a law firm with a proven track record of handling workers compensation cases across Colorado. Specialized experience means your attorney will be familiar with the nuances of workers compensation in colorado, from the initial claim filing to negotiating with insurance companies and representing you before the Division of Workers Compensation. The right firm will not only fight for your rights but also guide you through every step, ensuring you receive all the workers compensation benefits you’re entitled to under Colorado law.
A dedicated workers comp law firm will also understand the unique challenges faced by injured workers in different industries and regions of Colorado. Whether you’re in Pueblo, Denver, or a rural community, local knowledge and experience with the Colorado workers compensation system can help maximize your recovery and protect your financial future.
When searching for a workers compensation attorney, experience and expertise should be at the top of your list. An effective workers comp attorney will have a strong background in handling workers compensation claims, including cases involving permanent partial disability, temporary total disability, and disputes over maximum medical improvement. They should be well-versed in colorado workers compensation law and have a history of successfully representing clients in administrative courts and negotiations with insurance companies.
It’s also important to choose an attorney who communicates clearly and keeps you informed throughout the claims process. The best workers compensation attorneys will take the time to explain your rights, the steps involved in your case, and what to expect at each stage. They should be transparent about their contingency fee structure, so you understand how they are compensated and what costs may be involved if you recover benefits.
Finally, look for a workers comp attorney who is committed to your case and willing to fight for the full range of benefits you deserve. Whether you’re dealing with temporary total disability, permanent partial disability, or complex medical issues, having an experienced advocate on your side can make a significant difference in the outcome of your colorado workers compensation claim.
Your initial consultation with a workers comp attorney is your opportunity to assess whether they’re the right fit for your case. To make the most of this meeting, come prepared with questions that will help you understand their experience, approach, and commitment to your workers compensation claim. Consider asking:
What experience do you have with workers compensation cases similar to mine?
How do you approach negotiations with insurance companies and representation in administrative courts?
What is your strategy for maximizing my workers compensation benefits, and how will you handle disputes over issues like maximum medical improvement or permanent partial disability?
How will you keep me updated throughout the claims process, and who will be my main point of contact?
Can you explain your contingency fee structure and any other costs I might incur if I recover benefits?
What support staff or resources does your law firm have to assist with my case?
Asking these questions will give you valuable insight into the attorney’s expertise, communication style, and dedication to helping injured workers succeed in their workers compensation cases.
Choosing the right workers comp attorney is crucial, but it’s just as important to recognize warning signs that may indicate a poor fit. Watch out for these red flags when evaluating potential legal representation for your workers compensation claim:
Limited or no experience in workers compensation law, or a lack of successful outcomes in similar cases.
Vague or confusing explanations about your rights, the workers compensation process, or Colorado law.
Unwillingness to provide a clear, written outline of their fee structure or how payments will be handled.
Poor communication, such as delayed responses to your questions or difficulty reaching your attorney.
Pressure to accept a quick settlement without fully exploring your options for maximizing workers compensation benefits.
Negative reviews or testimonials from previous clients, especially those related to workers comp cases.
By staying alert to these red flags, you can avoid common pitfalls and ensure you choose a workers comp attorney who will prioritize your best interests and fight for the benefits you deserve under Colorado workers compensation law.
Confirm experience: Prioritize attorneys with specific, extensive experience in Colorado workers’ comp law and cases similar to yours. Ask about their success rate and experience before Colorado Administrative Law Judges.
Free consultation: Most reputable Colorado workers’ comp attorneys offer free initial consultations.
Contingency fee: In Colorado, workers’ compensation attorneys are typically paid a 20% contingency fee, meaning you only pay if you win benefits. Confirm in writing that there are no upfront fees.
Fee cap: Colorado law caps workers’ compensation attorney fees, often at 25% of recovered benefits.
Check reputation: Review online testimonials and ratings to gauge the attorney’s standing in the community.
Use official resources: Utilize the Colorado Division of Workers’ Compensation (DOWC) website and the Colorado Bar Association’s “Find-A-Lawyer” tool to find accredited, specialized lawyers.
Ask who handles your case: Request to know who will personally handle your case to avoid being passed to a junior associate.
Insurance defense experience: Lawyers who previously worked for insurance defense firms may provide valuable insights into how claims are handled by insurance companies.
Effective communication: Choose an attorney who is accessible and keeps you informed about your case’s progress.
DOWC knowledge: Ensure your attorney is familiar with Colorado’s Division of Workers’ Compensation processes and local insurance companies.
With the right attorney on your side, you can focus on your recovery while your legal team fights for your rights. Next, let’s look at how Johnston Law Firm serves Pueblo and workers across Colorado.
Johnston Law Firm, LLC is based in Pueblo, Colorado, but represents injured workers throughout the state. Whether you’re in downtown Pueblo or a rural community hours away, Steve Johnston can help you navigate the workers compensation system.
The firm’s primary service area includes Pueblo County and surrounding Southern Colorado communities:
Otero County
Fremont County
Custer County
Huerfano County
Las Animas County
Crowley County
Representation is also available statewide, including Denver, Colorado Springs, Fort Collins, Grand Junction, and everywhere in between.
Steve Johnston understands the realities of Southern Colorado’s physically demanding industries:
Oil and gas operations with equipment hazards and chemical exposures
Rail and transportation work with heavy machinery and long hours
Manufacturing with repetitive motions and industrial accidents
Agriculture with equipment dangers and harsh conditions
Health care with lifting injuries and occupational diseases
Construction with falls, crush injuries, and tool accidents
This local knowledge helps when building your case and presenting evidence to the Division of Workers Compensation.
Steve Johnston’s experience spans six key practice areas:
Workers’ compensation
Personal injury
Automobile accidents
Estate planning
Criminal law
Social Security law
This broad experience benefits injured workers whose legal problems often overlap. A severe work injury might require coordinating workers comp benefits with a Social Security Disability application, or planning your estate to protect your family’s financial future after a life-changing accident.
Local residents are welcome to call or meet with the firm to discuss their case and long-term planning needs.
Now, let’s address the costs and fees associated with hiring a Colorado workers’ comp lawyer—and why a consultation is low-risk.
Many Pueblo and rural Colorado workers worry about the cost of hiring a lawyer while already missing paychecks. The good news is that workers compensation representation typically doesn’t require any upfront payment.
Workers compensation cases at Johnston Law Firm are handled on a contingency fee basis. This means:
The firm receives a percentage of what is recovered—typically 20% in Colorado—and you only pay if you win benefits. (Colorado workers' compensation fees are typically a 20% contingency fee, meaning attorneys are paid only if clients win benefits.)
There are no attorney fees if there is no recovery. (Workers' compensation attorneys typically work on a contingency fee basis, meaning you do not pay unless you win your case.)
Colorado law caps workers’ compensation attorney fees, often at 25% of the recovered benefits, providing additional protection for injured workers.
Steve will discuss the specific fee structure, costs, and what to expect during your very first consultation.
Initial consultations are free and completely confidential. These can be conducted:
By phone
By video conference
In-person at the Pueblo office
This flexibility accommodates injured workers throughout Southern Colorado who may have difficulty traveling due to their injuries.
Schedule your free consultation today. Call (719) 309-9484 or send a secure message online.
If workers’ comp isn’t enough, you may have other legal options. Here’s what else you should know.
While workers compensation is the primary remedy for on-the-job injuries in Colorado, some workers have additional legal options and safety nets available. An experienced attorney can identify these opportunities.
You may have a separate personal injury claim when someone other than your employer caused or contributed to your injury:
Vehicle accidents: Being hit by another driver while driving for work
Defective equipment: Injuries caused by faulty machinery or tools
Contractor negligence: Accidents caused by non-employer contractors on a job site
Unlike workers compensation, third-party claims can include compensation for pain and suffering, which significantly increases potential recovery. Steve Johnston can evaluate whether a personal injury or automobile accident claim exists alongside your workers comp case.
When injuries are severe enough to prevent all work, Social Security Disability benefits may become relevant. Careful coordination is essential because:
Workers comp benefits can offset SSDI payments
Application timing affects how benefits interact
Lump-sum settlements require special attention to Medicare set-asides
Steve’s experience in Social Security law helps workers plan applications strategically and avoid costly coordination mistakes.
A severe workplace injury often prompts families to reconsider estate planning. Johnston Law Firm can assist with:
Wills and trusts
Powers of attorney for health care and finances
Planning tools to protect your family’s financial support if your condition worsens
Addressing these issues together provides comprehensive protection during a difficult time.
Still have questions? The following FAQ covers the most common concerns about hiring a workers’ comp lawyer in Colorado.
Not necessarily—but early consultation is often valuable. An experienced workers compensation lawyer can identify potential problems before they derail your claim, ensure proper documentation, and advise on critical decisions like which authorized treating physician to see. Many injured workers find that early guidance prevents costly mistakes.
Under colorado law, you generally have two years from the date of injury to file a workers compensation claim. However, you should report the injury to your employer within 4 working days (10 days for remote sites). Delays in reporting can create complications and give insurers arguments to deny your claim.
Colorado workers compensation law allows a one-time change of physician from the employer’s designated list. If you’re unhappy with your medical care or believe the doctor is not accurately documenting your condition, an attorney can help you navigate this process and, in some cases, request a Division-sponsored independent medical exam.
Colorado law prohibits retaliation against employees solely for filing a workers compensation claim. However, employers are not required to hold your job open indefinitely while you recover. If you’ve been terminated while on workers comp, the circumstances matter. An attorney can evaluate whether your termination was illegal retaliation and what remedies may be available.
This is one of the most common denial tactics. Many workers have prior back pain, shoulder problems, or other conditions that insurers use to argue the work injury isn’t compensable. Colorado law generally covers injuries that aggravate or accelerate pre-existing conditions. An experienced attorney can gather medical records and expert opinions to prove your work activities caused or worsened your current condition.
At Johnston Law Firm, workers compensation cases are handled on a contingency fee basis with no upfront costs. Attorney fees are capped under Colorado law and are paid only if your case results in recovery. Your free consultation will explain exactly how fees work for your specific situation.
Have more questions? Call (719) 309-9484 or reach out through the online form for answers tailored to your specific circumstances.
A serious workplace injury affects every part of your life—your health, your income, your family’s security, and your peace of mind. Navigating the workers compensation system while dealing with pain and uncertainty adds stress you don’t need.
The decision to hire a workers comp lawyer is ultimately a financial and personal one. But the data is clear: many injured workers achieve better outcomes and more peace of mind with experienced legal representation helping injured workers fight for fair compensation.
Johnston Law Firm, LLC offers free, confidential consultations and handles workers compensation cases on a contingency fee basis. There are no upfront attorney fees, and you don’t pay unless your case results in recovery. Whether you need help with a denied claim, a low settlement offer, or just want to understand your rights, Steve Johnston is here to provide honest legal counsel.
Don’t wait until a denial or lowball settlement arrives. Getting advice early protects your medical benefits, your disability payments, and your ability to recover benefits you deserve.
Take the next step today. Call Steve Johnston directly at (719) 309-9484 or send a secure message through the firm’s contact page to schedule your free workers’ comp case consultation. Johnston Law Firm serves Pueblo, Southern Colorado, and clients throughout the state who need experienced, dedicated representation after a work injury.