Attorneys Penny Merkel and Joseph Merkel

Lost Wages And Workers’ Comp In Colorado: Get The Benefits You Deserve

When a work injury stops your paycheck, financial security disappears fast. Wage loss benefits workers’ comp – or temporary disability benefits – are the essential funds you rely on to pay bills and feed your family while you recover. Securing the correct amount requires experienced legal intervention.

At The Merkel Law Firm, LLC, our attorneys focus exclusively on workers’ compensation. With offices in Denver and Castle Rock, we help individuals across Colorado who lose wages due to a work injury fight the insurance company so they receive every dollar they are owed.

Am I Eligible For Lost Wages Under Colorado Workers’ Comp Law?

Eligibility for temporary disability is based on clear rules regarding your injury and your time off work. To qualify for benefits, two primary factors must be true: your injury must be work-related and accepted by the insurer, and a doctor must have either taken you completely off work or restricted your duties beyond your employer’s capacity to accommodate.

Colorado law provides two types of temporary lost wage benefits. Temporary Total Disability (TTD) pays you when you are completely unable to work. On the other hand, Temporary Partial Disability (TPD) helps make up the difference when you return to light duty but are earning less than your previous income.

Here are the key eligibility requirements for missed work compensation in Colorado:

  • You must miss more than three scheduled work shifts or days.
  • The first three days you miss are the “waiting period,” for which you do not initially receive pay.
  • If your disability lasts for more than 14 days, the insurer must then reimburse you for that initial waiting period.

Understanding these strict schedules ensures you get paid for every day the law permits.

How Are My Workers’ Comp Lost Wages Calculated In Colorado?

Your Average Weekly Wage (AWW) is the most crucial number in your entire Colorado workers’ comp lost wages claim. This determine the amount of TTD or TPD you receive.

The Magic Number (66.67%)

TTD benefits are generally paid at two-thirds – or 66.67% – of your calculated AWW, up to a state maximum. This benefit provides the essential income stabilization you need.

Accurate AWW Calculation

The insurance company calculates your AWW based on a “look-back period,” typically 52 weeks prior to the injury. We meticulously verify this process because insurers frequently miscalculate the AWW to save money. We demand they properly include all forms of income in the calculation, such as:

  • Overtime pay
  • Bonuses and commissions
  • Wages from a second, concurrent job
  • Tips (if reported to your employer)

Verifying these components is essential, helping your wage calculation fully reflect your true earning history.

Why Choose Our Denver Attorneys

We focus on maximizing the financial component of your claim. We know what documentation the carrier requires and precisely what they attempt to exclude from your AWW.

Moreover, our firm challenges incorrect claim classifications and fights improper termination of TTD checks. We work to obtain the maximum legal benefit you deserve, defending your paycheck from start to finish.

Fight For Your Full Wages Today

Do not let the insurance company control your income or shortchange your claim. Call us at 303-276-8665 or send us a message to schedule your initial consultation today.