Colorado Workers' Compensation Waiting Period: What You Need to Know

Colorado's 90‑Day Waiting Period Explained

In Colorado, a worker's compensation claim is not fully active until 90 calendar days after the injury occurs. This waiting period applies to all medical benefits and wage‑replacement payments. The law requires the employer's insurer to confirm the claim and pay the first medical invoice only after the 90‑day threshold. If an injury is reported later, the waiting period starts from the date the injury happened, not when the claim is filed.

Medical Benefits During the Waiting Period

While insurers cannot cover medical bills, the injured employee may still receive care under the Colorado Workers' Compensation Act. The employer's medical provider will bill the insurer only after day 90, but the employee can pay out of pocket or use a health plan for treatment. Many workers use the waiting period to seek immediate care from their own insurance or out‑of‑network providers before the workers' comp claim kicks in.

Wage Replacement and the 90‑Day Rule

Workers' compensation wage replacement, including temporary total disability (TTD) and permanent partial disability (PPD), also begins after 90 days. During this window, the employee is not entitled to the 2/3 wage replacement that normally follows a claim. Some employers offer "gap" or "bridge" insurance to cover lost wages during this period, but it is not mandatory.

Challenges and Exceptions

Workers can challenge the waiting period if the injury was a result of an accident that occurred before the claim was filed. However, Colorado law does not allow a reduction of the 90 days unless the injury is deemed a "pre‑existing condition" that worsened due to work. In such cases, the employee must present medical evidence that the condition was aggravated by the job.

How to File a Claim Within the Waiting Period

1. Report the injury to your employer immediately. 2. Complete the employer's claim form and submit it to the insurer. 3. Keep receipts for any medical treatment received before day 90. 4. If you need wage replacement, consider applying for a short‑term disability plan or a gap insurance policy.

Key Takeaways for Employers and Employees

• The 90‑day waiting period is a fixed state requirement; it cannot be shortened. • Medical bills before day 90 are paid out of pocket or by another insurer. • Wage replacement starts only after day 90, unless the employee has supplemental insurance. • Proper documentation and early reporting can streamline the transition after the waiting period.