Under Colorado law, an occupational disease is a condition that develops naturally from your workplace conditions over time—not from a single accident, but from repeated exposure to harmful elements, motions, or environments tied to your job duties. Repetitive stress injuries fall under this umbrella: conditions like carpal tunnel syndrome, chronic tendonitis, or hearing loss that build up over weeks, months, or even years of doing the same work.
This guide is for Colorado workers who suspect they have an occupational disease or repetitive stress injury and want to understand their rights under workers' compensation law. Navigating these claims can be complex, and missing key steps may result in denied benefits.
If you’re a warehouse worker whose wrists burn after scanning thousands of items, a healthcare aide whose back aches from lifting patients, or a factory employee who can barely hear after years next to loud machinery, you may have a valid workers compensation claim for an occupational disease.
Johnston Law Firm, LLC in Pueblo, Colorado represents injured workers throughout the state—including Otero, Fremont, Custer, Huerfano, Las Animas, and Crowley Counties—in occupational disease and repetitive stress claims. Attorney Steve Johnston understands the unique challenges these claims present and fights to help Colorado workers receive benefits they’ve earned.
If you’re experiencing symptoms you believe are connected to your job, call Steve Johnston at (719) 309-9484 or message us online for a free consultation.
Here’s what this page covers:
What qualifies as an occupational disease under Colorado law
Common repetitive stress injuries and workplace illness claims
How Colorado’s reporting rules and 2025–2026 updates affect your claim
Proving your condition is work-related
What to do if your occupational disease claim was denied
Benefits available for occupational diseases in Colorado
Why Johnston Law Firm, LLC is the right choice for your claim
Colorado workers' compensation provides benefits for both sudden injuries and occupational diseases that develop from workplace conditions. Occupational diseases are health conditions caused by something you are exposed to at work over time. Unlike sudden injuries, which result from a specific accident or event, occupational diseases often develop gradually over months or years after repeated exposure to harmful substances or ongoing physical strain on the job. Occupational diseases develop slowly over time due to prolonged exposure to harmful conditions or repetitive motions inherent to a job. Because these conditions build up over time and may not have a clear starting point, occupational disease claims are often more complex than claims for sudden injuries.
Occupational diseases are health conditions caused by something you are exposed to at work over time. The disease must be peculiar to your occupation or result from exposure that's greater than what the general public experiences.
Colorado workers compensation laws define an occupational disease as a condition that “naturally and proximately results” from workplace conditions and is more common in the worker’s occupation than in everyday life. Under C.R.S. § 8-41-301(1)(b), the key requirement is that the disease must follow as a natural result of employment—not mere coincidence.
This means your occupational illness or injury must be caused or significantly aggravated by your work, not just happen to occur while you’re employed. Under Colorado law, only injuries and illnesses that are directly related to and occur during employment are eligible for coverage. The exposure, motion, or work environment causing your condition must be tied directly to your job duties.
Colorado workers comp covers both gradual-onset conditions (like carpal tunnel syndrome from repetitive typing) and illnesses from chemical exposure, dust inhalation, or prolonged exposure to noise. However, injuries or illnesses not related to your specific work duties are generally not covered. The main battle in many occupational disease claims is proving the condition is “peculiar” to the job—that you faced greater exposure than the general public.
Common examples of covered occupational diseases under Colorado law:
Hearing loss in machine operators and construction workers exposed to loud machinery
Silicosis and black lung in miners exposed to silica dust or coal dust
Respiratory disease in welders from toxic fumes
Tendonitis and bursitis from repetitive assembly line work
Carpal tunnel syndrome from typing, scanning, or forceful gripping
Skin conditions from chemical exposure or irritants in agriculture or cleaning work
Chronic back injuries from patient handling in healthcare
Occupational illnesses account for about 6% of all work-related injuries and illnesses in the U.S.
Repetitive stress injuries and cumulative trauma injuries develop gradually from repeated motions, awkward postures, forceful exertion, or vibration—not from a single accident. Repetitive stress injuries are among the most common workplace injuries in Colorado, making them a significant focus in workers' compensation claims. Many workers don’t realize these conditions qualify for workers compensation because there’s no clear “injury date.”
Specific conditions commonly seen in Colorado workers comp cases include:
Carpal tunnel syndrome
Cubital tunnel syndrome
Rotator cuff tears
Tendonitis and bursitis
Trigger finger
Chronic low back pain
Neck strain and cervical disc injuries
Epicondylitis (tennis elbow or golfer’s elbow)
These injuries connect directly to everyday Pueblo and southern Colorado jobs:
Assembly line work: Forceful gripping and repetitive motions cause carpal tunnel and tendonitis
Healthcare: Lifting patients leads to chronic back and shoulder injuries
Office and data entry: Typing causes carpal tunnel, neck strain, and eye strain
Construction: Using hand tools and vibrating equipment causes tendonitis and rotator cuff tears
Trucking and transportation: Whole-body vibration leads to chronic back pain
Many workers ignore early symptoms—numbness, tingling, burning pain, or weakness—until the condition seriously affects their ability to work. Insurance companies frequently dispute whether these conditions are truly work-related, making early legal advice critical.
Occupational illnesses from workplace exposures to dusts, fumes, chemicals, noise, and biological hazards are common in Colorado industries. These conditions often develop gradually after prolonged exposure and may not appear until years after the initial contact.
Concrete examples include:
|
Industry |
Exposure |
Resulting Illness |
|---|---|---|
|
Mining/Drilling |
Silica dust, coal dust |
Silicosis, black lung (pneumoconiosis) |
|
Welding/Manufacturing |
Metal fumes, toxic gases |
COPD, occupational asthma, lung disease |
|
Agriculture |
Pesticides, herbicides |
Respiratory illness, chemical sensitivities, dermatitis |
|
Construction |
Asbestos, loud noise |
Asbestosis, noise-induced hearing loss |
|
Healthcare |
Biological hazards |
Infectious disease, respiratory illness |
|
Cleaning/Janitorial |
Chemical solvents, irritants |
Skin conditions, respiratory problems |
|
Symptoms from toxic substances or chemical exposure may not appear until years after exposure, especially for lung disease and some cancers. This complicates workers compensation claims because proving the connection to employment becomes more difficult over time. |
Proving exposure requires job history documentation, Material Safety Data Sheets (MSDS), air quality tests, and coworker statements. Johnston Law Firm investigates work conditions and exposure history to link your illness to your employment.
Note that common illnesses like seasonal flu typically are not covered unless clearly tied to unusual job exposure—for example, healthcare workers during outbreaks.
Colorado handles reporting for occupational diseases differently than acute workplace injuries. The “clock” for reporting typically starts when you knew or should have known your condition was work-related—not necessarily when symptoms first appeared years earlier.
Recent legislative updates, including House Bill 22-1112 (effective August 2022), recognize the gradual nature of occupational disease. Workers now report upon “manifestation” (symptom awareness) rather than within a strict 30-day window. The law allows “good cause” extensions and bars benefit reductions if employers had actual knowledge of the condition.
Key reporting and deadline rules:
Typical injury notice: 4-day written notice to employer for acute injuries
Occupational disease notice: Based on manifestation or diagnosis date, with more flexibility
Employer notification to insurer: Within 10 days of learning about the claim
Claim filing: Different deadlines apply for notice, claim filing, and appeals
2025–2026 Benefit Updates:
For manifestations between July 1, 2025 and June 30, 2026, Colorado has updated benefit maximums:
Temporary Total Disability (TTD): Up to $1,396.85 per week
Permanent Partial Disability (PPD): Up to $312,967.77 for 20%+ impairment
Disfigurement awards: Up to $14,786.65
Medical treatment guidelines have also been updated, with streamlined shoulder protocols effective January 1, 2025 affecting what care is presumed reasonable and necessary for repetitive use injuries.
Missing deadlines or applying the wrong benefit period can cost thousands of dollars. Contact Steve Johnston at (719) 309-9484 or send us a message online for guidance on current rules.
In Colorado, the employer or workers compensation insurance company typically designates an “authorized treating physician” for your claim. Medical treatment with unauthorized providers may not be fully covered, so following the designated physician’s instructions is critical.
How medical documentation works:
Physicians (sometimes with supervised nurse practitioners or PAs) must document work restrictions, maximum medical improvement (MMI), and permanent impairment ratings
Updated Medical Treatment Guidelines for shoulder and repetitive use injuries (effective January 1, 2025) affect what care is presumed reasonable and necessary
Beginning January 1, 2028, workers will have expanded choice from the Division of Workers’ Compensation’s 1,000+ Level I/II providers
Practical steps to protect your claim:
Follow your authorized treating physician’s orders
Keep all medical appointments
Tell every provider exactly how your work activities or exposures contribute to your symptoms—this must be reflected in your medical records
Keep a written symptom and work-activity diary
Document any changes in your condition
Johnston Law Firm helps clients navigate disputes about medical treatment, “independent” medical exams (IMEs), and changes of physician in occupational disease claims.
Understanding how occupational disease claims work in practice helps workers recognize when their condition may qualify. Here are scenarios illustrating how Pueblo and Colorado workers develop compensable conditions:
Assembly Line Worker with Carpal Tunnel Syndrome
A meatpacking plant employee spent 12 years performing forceful gripping and repetitive cutting motions. She developed numbness, tingling, and weakness in both hands. Her condition qualified because nerve conduction studies confirmed carpal tunnel syndrome, and her job duties required repetitive physical tasks exceeding normal daily activities. Benefits included medical care, temporary disability benefits during recovery, and permanent partial disability benefits for lasting impairment.
Corrections Officer with PTSD
A corrections officer in a southern Colorado facility experienced repeated traumatic incidents over eight years. He developed anxiety, sleep disturbances, and PTSD symptoms. While mental health claims face higher scrutiny, his condition qualified because the trauma was directly tied to his employment course. Medical testimony from a psychiatrist connected his symptoms to workplace exposures.
Welder with Lung Disease
A construction welder in Fremont County developed COPD after 15 years of exposure to welding fumes. Symptoms appeared gradually over years, but he filed his claim upon diagnosis. His claim succeeded because exposure logs, coworker statements, and pulmonary function tests documented the work-related cause.
Nurse with Chronic Back Injuries
A CNA at a Pueblo nursing facility suffered cumulative damage from lifting and repositioning patients. Despite her employer’s argument that her injuries resulted from personal activities or aging, medical expert testimony established that her job duties were the predominant cause of her disc herniation.
Typical insurer defenses include:
Blaming age or genetics
Pointing to hobbies or non-work activities
Citing prior injuries or pre-existing conditions
Arguing the condition is not “peculiar” to the job
An experienced workers compensation attorney like Steve Johnston gathers job descriptions, coworker statements, OSHA records, and expert opinions to counter these defenses and prove causation.
In Pueblo and surrounding counties—Otero, Fremont, Custer, Huerfano, Las Animas, and Crowley—certain industries see frequent occupational disease and repetitive stress claims:
|
Industry |
Common Occupational Diseases |
|---|---|
|
Steel and Manufacturing |
Hearing loss, repetitive motion injuries, chemical exposure |
|
Construction |
Asbestosis, silicosis, noise-induced hearing loss, cumulative trauma |
|
Agriculture |
Pesticide-related respiratory illness, dermatitis, heat-related illness |
|
Oil and Gas |
Respiratory disease, chemical burns, hearing loss |
|
Healthcare |
Chronic back and shoulder injuries, infectious disease exposure |
|
Transportation/Trucking |
Chronic back pain, repetitive strain, vibration injuries |
|
Public Safety |
PTSD, cumulative physical injuries, hearing loss |
|
Warehousing |
Carpal tunnel, back injuries, repetitive stress injuries |
|
Even office workers in Pueblo and along the Front Range can have valid occupational disease claims for conditions like carpal tunnel syndrome, neck strain, or chronic eye strain from prolonged computer use. |
Johnston Law Firm understands local workplaces and conditions because the firm is based in Pueblo and has handled workers comp claims throughout Colorado for years. This regional knowledge helps build stronger cases tied to specific workplace conditions.
Proving causation in occupational disease cases is usually harder than in single-incident accidents because there’s no clear “accident date.” Insurance companies frequently dispute these claims by arguing the condition developed from personal activities, aging, or pre-existing issues rather than employment.
Main categories of evidence that help prove a Colorado occupational disease claim:
Detailed job history showing duration and intensity of exposure
Coworker statements confirming workplace conditions
Safety training records and incident reports
Exposure measurements (air quality tests, noise monitoring)
Thorough medical records documenting diagnosis and treatment
Medical testimony linking the condition to work
Patterns matter: Symptoms that improve on days off or vacations and worsen during certain shifts or tasks are powerful evidence of work-related causation.
Countering defense arguments:
When insurers blame age, genetics, hobbies, or prior conditions, a workers compensation attorney can present medical expert opinions and work-specific exposure evidence. Even if you had a pre-existing condition, work-related aggravation can still be compensable under Colorado law.
If your claim has been denied or disputed, call (719) 309-9484 or contact us online to review the insurer’s reasoning and build a stronger case.
Insurers deny occupational disease claims more often than acute injury claims. Approximately 40% of repetitive stress denials succeed at the initial stage, often based on causation disputes. Many workers give up after receiving a denial letter—but that’s often a mistake.
Common reasons for denial:
Insurer argues the condition is not work-related
Worker allegedly missed notice or filing deadlines
Independent medical exam (IME) disputes work connection
Pre-existing condition cited as primary cause
Steps after a denial:
Request a Division Independent Medical Examination (DIME) when appropriate to challenge the insurer’s medical opinion
File an Application for Hearing with the Colorado Division of Workers’ Compensation
Prepare to present medical and lay testimony supporting your claim
Gather additional evidence (job records, coworker statements, exposure documentation)
Don’t give up after an initial denial, especially for complex illnesses like lung disease, carpal tunnel, or mental health conditions related to workplace trauma. The Prehearing Staff (PHS) resolves about 80% of disputes informally before cases reach an Administrative Law Judge hearing.
Johnston Law Firm handles appeals and hearings across Colorado and has experience challenging biased medical opinions and incomplete investigations. Call (719) 309-9484 for a free review of a denied occupational disease claim.
If you suspect you have an occupational disease or repetitive stress injury, taking the right steps early protects your claim. Not all injuries qualify, but following proper procedures ensures legitimate claims aren’t dismissed on technicalities.
Step 1 – Report the condition
Notify your employer in writing as soon as you become aware the condition may be work-related. Keep a copy of your notice. Unlike acute work related injuries requiring notice within 4 days, occupational disease notice is based on when you knew or should have known the condition was job-related.
Step 2 – Request an authorized treating physician
Ask your employer for their designated workers’ comp doctor. Getting treatment from an authorized physician ensures your medical expenses are covered. Until 2028 reforms expand choice, employees typically select from an employer-provided list.
Step 3 – File the claim
If the insurance company does not voluntarily admit liability or denies benefits, file a “Workers’ Claim for Compensation” with the Colorado Division of Workers’ Compensation. This formal filing starts the process of seeking benefits you’re owed.
Step 4 – Track deadlines
Different deadlines apply for notice, claim filing, and appeals. Missing them can bar benefits even for legitimate occupational diseases. Document every communication and keep copies of all paperwork.
Contact Johnston Law Firm early in the process so we can help with forms, evidence collection, and communications with the insurance company adjuster.
Colorado workers compensation benefits for occupational diseases include several categories:
Medical Treatment
Covers doctor visits, hospital care, surgery, prescription medications, diagnostic tests, therapy, and sometimes assistive devices—as long as they’re reasonable, necessary, and related to your occupational disease.
Wage Replacement Benefits
|
Benefit Type |
When It Applies |
Amount |
|---|---|---|
|
Temporary Total Disability (TTD) |
Off work completely due to condition |
Two thirds of average weekly wage (up to $1,396.85/week for 2025-2026) |
|
Temporary Partial Disability (TPD) |
Working reduced hours or lighter duty |
Partial lost wage benefits based on wage difference |
|
Permanent Partial Disability (PPD) |
Permanent impairment after reaching MMI |
Based on impairment rating (up to $312,967.77 for 20%+ impairment) |
|
Permanent Total Disability (PTD) |
Unable to return to any employment |
Ongoing benefits based on average weekly wage |
|
Disfigurement Benefits |
When occupational disease causes visible scarring, workers may receive benefits up to $14,786.65.
Example scenarios:
A Pueblo assembly worker with carpal tunnel syndrome might receive TTD while recovering from surgery, medical care for the procedure and therapy, and PPD based on permanent impairment rating
A Las Animas County miner with black lung might receive ongoing medical treatment, permanent disability benefits based on lung function loss, and vocational rehabilitation if unable to return to mining work
Steve Johnston is a Pueblo-based attorney focusing on six key practice groups: workers compensation, personal injury, automobile accidents, estate planning, criminal law, and social security law. This breadth of experience means he understands how occupational disease claims intersect with other areas of law.
Why hire Johnston Law Firm:
Local knowledge: Based in Pueblo and serving Otero, Fremont, Custer, Huerfano, Las Animas, and Crowley Counties, the firm understands southern Colorado industries and workplace conditions
Statewide representation: Also handles claims throughout Colorado, including the Front Range and rural communities
Experience with insurer tactics: Knows how insurance companies fight workers comp claims through IMEs, causation disputes, and unnecessary delays
Coordinated benefits: When clients have third-party claims or need Social Security disability benefits, the firm can help coordinate all aspects of recovery
Proven results: Case results show settlements averaging $50,000–$200,000 for repetitive stress and occupational disease claims
The firm’s broader knowledge base—including personal injury law for third-party claims and Social Security law for disability benefits—helps injured employees explore all available options.
Visit the Johnston Law Firm blog, case results, and client testimonials to see the firm’s approach and track record.
Calling for a free consultation doesn’t obligate you to hire the firm—it helps you understand your options and avoid costly mistakes early in your claim.
During your initial consultation:
Steve Johnston listens to your story and reviews your work history
He examines available medical records and identifies whether your condition likely qualifies as an occupational disease
You can ask questions about medical treatment, wage benefits, and job protection
The firm explains next steps and what to expect from the workers compensation system
If you hire Johnston Law Firm, the firm can:
Handle communications with the insurance adjuster
Gather evidence including job descriptions, exposure documentation, and coworker statements
Coordinate medical evaluations with authorized physicians
Represent you at hearings before the Division of Workers’ Compensation
Many workers feel anxious about calling a lawyer. Steve Johnston’s approach is straightforward and focused on helping real people with real occupational illnesses rebuild their well being and protect their family members.
Occupational diseases and repetitive stress injuries are serious conditions that can permanently affect your health and ability to earn a living. If you’re experiencing numbness, chronic pain, breathing problems, or other symptoms you suspect are work-related, don’t ignore them—and don’t let an insurance company tell you your condition doesn’t count.
Key steps to protect your claim:
Report symptoms to your employer in writing as soon as you connect them to work
Get evaluated by an authorized physician and ensure your job duties are documented in your medical records
Keep a diary of symptoms, work activities, and exposures
Speak with a workers compensation attorney before accepting a denial or low settlement
Early action makes the difference between a denied claim and the benefits you and your family members need. Whether you work in manufacturing, healthcare, construction, agriculture, or any other Colorado industry, you deserve to have your occupational disease claim taken seriously.
Call Steve Johnston at (719) 309-9484 or contact Johnston Law Firm online today to discuss your occupational disease or repetitive stress workers’ comp claim.
Prompt, informed action can make the difference between a denied claim and the medical care and lost wage benefits you’ve earned through years of hard work.