(This post was updated 10/1/2026)
Post-traumatic stress disorder (PTSD) and work-related mental health conditions are increasingly recognized, yet navigating them within the Colorado workers’ compensation system remains complex. At Kaplan Morrell, we frequently help injured workers handle PTSD and mental health claims, which historically face strict scrutiny. In Colorado, PTSD claims and depression claims are treated distinctly under the law, and proving that an on-the-job injury or psychological stressor has led to these conditions can be an uphill battle without experienced legal guidance.
WATCH: How Does Workers’ Compensation Handle Post Traumatic Stress Disorder (PTSD) Claims?
Under Colorado law, two types of claims fall under the same umbrella.
There are mental-mental claims and mental-physical claims.
Mental-physical claims apply if you suffered a physical injury. You fell off a ladder, you slipped on a wet floor, or you suffered any other injury that caused harm to your body. With these types of claims, your counseling, treatments, and any medication will be covered.
With mental-mental claims, we’re going to have a much more difficult battle. Because there is no physical injury in these cases, the court requires substantial additional proof.
Key Requirements for Colorado Mental-Mental Claims
To successfully pursue a workers’ compensation claim for PTSD or mental depression without a physical injury (a mental-mental claim), Colorado law requires you to meet strict criteria:
- Professional Testimony and Medical Reports: You must provide medical evidence supporting your diagnosis. This typically comes from a formal report or testimony by a licensed psychologist or psychiatrist linking your condition to the workplace.
- The “Unusual Stress” Standard: The traumatic event or stressor that triggered your PTSD or depression must be unusual and extraordinary, rather than something common to your specific profession.
Understanding the “Unusual Stress” Standard
The traumatic event or stressor that triggered your PTSD or depression must be unusual and extraordinary, rather than something common or expected in your specific profession.
For example, if a first responder experiences severe trauma while responding to a violent emergency scene, they cannot typically claim workers’ compensation for PTSD from that incident alone. Because exposure to high-stress, dangerous emergencies is an inherent part of a first responder’s daily job, it does not meet the legal threshold of “unusual” stress.
However, if a secretary or office employee working in that same public safety department is unexpectedly subjected to a severe, traumatic workplace emergency, that event falls entirely outside the normal hazards of an administrative desk job. Because the stress is extraordinary and unexpected for their role, they may have strong legal grounds to build a valid workers’ compensation claim.
Benefit Limitations and Exceptions
If your claim qualifies as a mental-mental claim, standard workers’ compensation benefits are subject to statutory caps:
The Benefit Duration Cap: Mental impairment benefits are subject to statutory duration limits (historically capped at 12 weeks, but extended under current Colorado law to 36 weeks of medical impairment benefits).
Important Exceptions: These limitations do not apply in every situation. For instance, if the workplace event you experienced is legally classified as a crime of violence, or if the mental impairment stems from a physical injury causing neurological brain damage, these statutory caps are waived.
You Don’t Have to Fight This Battle Alone
Navigating a mental-mental workers’ compensation claim in Colorado is notoriously complex. Between satisfying strict medical testimony requirements, meeting the high legal bar for “unusual stress,” and dealing with insurance carriers eager to deny coverage, attempting to figure this out on your own can feel overwhelming, especially when you are already dealing with the heavy emotional toll of PTSD or depression.
Let us help you fight for the benefits and peace of mind you deserve. The experienced workers’ compensation attorneys at Kaplan Morrell understand the nuances of Colorado law and know what it takes to stand up to insurance companies for you. We see these types of cases often and would love to offer you a free consultation. Reach out via chat or call us anytime at 970-356-9898.
