Your Rights to Lost Wages Explained for a Work Injury – When you’re injured on the job, one of the biggest concerns you may face is how to cover your lost wages. If you can’t work because of your injury, Colorado’s workers’ compensation system provides benefits to replace part of your income. Understanding how these benefits work is essential so that you don’t miss out on money you’re entitled to.
At Kaplan Morrell Attorneys at Law, we’ve helped injured workers across Colorado for more than 25 years. Here’s what you need to know about your rights to lost wages after a work injury.
Types of Lost Wage Benefits in Colorado Workers’ Compensation
There are two primary types of wage replacement benefits:
1. Temporary Total Disability (TTD)
This benefit applies when your doctor says you cannot work at all because of your injury and you’re still receiving medical treatment.
For example: If your job requires lifting 50 pounds but your doctor restricts you to lifting only 25 pounds, you may not be able to perform your duties. In that case, you could qualify for TTD.
- Amount Paid: TTD pays two-thirds (66.67%) of your average weekly wage, up to a state maximum. As of now, the maximum weekly benefit is about $1,150, though this changes depending on the date of injury.
2. Temporary Partial Disability (TPD)
This benefit applies when you can return to work but earn less because of your injury.
For example: If you return to work but need time off for medical appointments or you’re given reduced hours, TPD will cover two-thirds of the difference between your pre-injury wages and your reduced wages.
Both TTD and TPD must be paid every two weeks under Colorado law.
What You Must Prove to Receive TTD
To qualify for TTD, you need to show:
- You’re still undergoing medical treatment and haven’t reached Maximum Medical Improvement (MMI).
- Your injury prevents you from performing your regular job duties.
- You are completely off work as a result of the injury.
When Can TTD Benefits Stop?
Insurance companies and employers can stop paying TTD under certain circumstances:
- MMI is reached – Once your doctor determines that you’ve reached Maximum Medical Improvement, your right to lost wages ends.
- You return to work – If you go back to full or modified duty, benefits usually stop.
- Doctor releases you to full duty – If your doctor removes restrictions and clears you for work, TTD ends.
- Refusal of modified duty – If your employer offers modified work within your restrictions and you refuse, you may lose your wage replacement benefits.
Common Problems With Lost Wage Benefits
Sometimes insurance companies make mistakes or delay payments. You should seek legal help if:
- You’ve been off work for more than 20 days and haven’t received a check.
- You’re not receiving two-thirds of your actual average weekly wage.
- Your benefits were cut off unexpectedly or unfairly.
Remember: Insurance companies don’t always get it right, and injured workers often miss out on the money they’re owed.
Why Legal Help Matters
Lost wages are just one part of the workers’ compensation system. Insurance companies have lawyers on their side—shouldn’t you? Having an experienced attorney ensures that:
- Your average weekly wage is calculated correctly.
- You get the maximum compensation allowed by law.
- Your benefits don’t stop prematurely without justification.
At Kaplan Morrell, we fight for injured workers across Colorado.
Get Help Today – Free Consultation
If you or a loved one has been injured at work and lost wages are a concern, don’t wait. The longer you delay, the more you risk losing money you’re entitled to.
📞 Call or text us today at 970-356-9898 for a free and confidential consultation.
🌐 Visit us online: Kaplan Morrell Workers’ Compensation Attorneys
We speak Spanish. En Kaplan Morrell hablamos español y ofrecemos consultas gratuitas.
