Deadline for Filing a Lawsuit

Colorado law sets strict deadlines for filing a workers’ compensation claim. In most cases, injured workers have two years from the date of their workplace injury to submit a claim for benefits. Filing within this timeframe is critical to protecting your rights and ensuring access to the medical care and wage replacement you may need.

Certain situations can affect these deadlines, depending on the nature of your injury and your employment circumstances.

• Claims Involving Government Employers: If your injury occurred while working for a government agency, special rules may apply. You may be required to provide formal written notice to the employer within a specific period, often much shorter than the standard two years. Missing this notice can prevent you from seeking workers’ compensation benefits.
• Occupational Illness or Delayed Injury Discovery: Colorado law allows the filing period to start from the date the injury or illness is discovered, but strict documentation and timely reporting are still required to protect your claim.
• Exceptions & Tolling Situations: Certain circumstances can extend or pause the filing deadline, such as when the injured worker is a minor, temporarily incapacitated, or otherwise legally unable to submit the claim. It’s important to consult with a workers’ compensation attorney to see if any exceptions apply to your situation.
• Insurance Policy Requirements: Beyond the legal deadlines, insurance carriers and employers may impose notice and cooperation requirements to ensure a claim is valid. Following these procedures carefully is essential for avoiding delays or claim denials.

Failing to file a workers’ compensation claim on time can permanently bar you from accessing benefits, even if your injury is severe and clearly work-related. Acting quickly preserves your right to medical care, wage replacement & other benefits.

Missing any of these deadlines can permanently prevent you from recovering compensation, even if your injury is serious and liability is clear. review your workplace injury case, explain the applicable deadlines, and guide you through the filing process. Don't wait, schedule your free consultation today.