Colorado Workers’ Comp for Head & Brain Injuries
A guide to compensation after suffering a traumatic brain injury at work in Denver
Key points about Colorado workers’ comp for brain injuries:
- Jobs that involve driving, construction, public safety, warehouse work, and heavy machinery carry the greatest risk of work-related TBIs.
- Workers in roles requiring sharp focus, quick decisions, or physical exertion often need more time off after a brain injury to recover before returning to work.
- Brain injuries often require extended treatment, rehab, or even retraining for a new career. Settling a claim without factoring in all of these future costs could leave workers without the support they’ll need later.
A traumatic brain injury (TBI) is one of the most serious injuries Denver workers face, often leading to long recovery times and sometimes even an inability to return to work. Whether the injury came from a fall, a vehicle crash, or an accident with heavy machinery, workers’ compensation is supposed to help cover your medical treatment and lost wages while you recover.
But, unfortunately, getting the right support isn’t always simple. Some workers may be pressured to return to work before they’re ready, while others may face denied workers’ comp claims or delayed benefit checks.
In this article, we’ll explain which workers are most at risk of brain injuries, how long TBIs typically keep workers out of work, and how to determine the amount of compensation you’re entitled to after a brain injury through workers’ comp.
If you have questions or need help filing a workers’ comp claim or appealing a denial, reach out to the experienced Denver work injury attorneys at Babcock Tucker to schedule a free consultation.
We help injured workers in the Denver Tech Center and other locations in the Denver Metro area, like Aurora, Lakewood, and Arvada, get the compensation they deserve.
How common are brain injuries in the U.S.?
According to the International Brain Injury Association (IBIA), every year, about one million Americans end up in the emergency department because of traumatic brain injury (TBI).
Of those, an estimated 80,000 leave the hospital with lasting disabilities, and about 50,000 tragically die from their injuries.
Who is at the highest risk for brain injuries at work?
The International Brain Injury Association (IBIA) reports that motor vehicle crashes account for about half of all traumatic brain injuries (TBIs), putting professional drivers—such as commercial truck drivers and delivery drivers—at particularly high risk.
The Centers for Disease Control and Prevention (CDC) also points to several other groups of workers who face elevated risks of TBIs, including:
- Miners
- Mechanists
- Loggers
Since many of these jobs require sharp concentration, quick decision-making, and strenuous physical activity, a serious brain injury can make it unsafe—or even impossible—to work, which is why workers’ comp benefits are critical during recovery.
How long should you be off work with a head injury?
The amount of time you’ll need to be away from work after a brain injury depends on how severe the injury is and what type of job you have.
Some employees with a mild concussion may be back at work in just a few days, often with temporary accommodations like extra breaks, reduced screen time, or working in a quieter environment.
Others, especially those with moderate to severe traumatic brain injuries (TBIs), may need weeks, months, or even longer before it’s safe to return. In some cases, lingering symptoms such as dizziness, memory loss, or difficulty concentrating can make going back to the same kind of work impossible.
TBIs and their symptoms can range widely:
- Mild TBIs (like concussions). These may cause headaches, light sensitivity, or difficulty focusing. They often resolve with rest, but returning too soon can put you at risk of reinjury.
- Moderate TBIs (like brain bleeds). A brain bleed (intracranial hemorrhage) happens when blood vessels in the brain rupture, creating dangerous pressure. Symptoms can include confusion, fatigue, and trouble with problem-solving, often requiring longer recovery and sometimes rehabilitation.
- Severe TBIs (like penetrating brain injuries or diffuse axonal injuries). A penetrating brain injury occurs when an object, like shrapnel or a tool, physically enters the skull and damages brain tissue. A diffuse axonal injury happens when the brain shifts inside the skull, tearing nerve fibers—often from violent shaking or a crash. These catastrophic injuries can cause permanent cognitive or physical impairments, meaning an employee may never fully return to their prior work duties.
The CDC points out that recovery time is also shaped by what your job demands. It suggests that workers may need additional time off if they have high-pressure jobs or their roles include:
- Working at heights where another fall is possible
- Exposure to explosions, blasts, or projectiles
- Heavy physical exertion like lifting, running, or climbing
- Constant focus and multitasking
- Driving or operating heavy machinery
- Working with hazardous materials
For many, the combination of job requirements and the type of brain injury means pushing through symptoms simply isn’t an option. Recovery often takes patience, medical guidance, and, in some cases, permanent adjustments to how or where you work.
How do I get workers’ comp for a brain injury in Colorado?
In most cases, you would qualify for workers’ compensation in Colorado after a brain injury as long as:
- You are an employee—not an independent contractor.
- Your brain injury is directly tied to your job or job duties.
For example, if you suffer a concussion after falling off a roof on a construction site, it would likely be covered. But if you experience a stroke at work that stems from a pre-existing medical condition and not from your job duties, that likely wouldn’t qualify as a work-related brain injury because it could have happened anywhere.
If you are a qualifying employee with a work-related injury, you’ll need to take a few important steps to file a claim. Here’s what you need to do:
- Notify your employer of your injury within 10 days of the accident.
- Seek medical care from an employer-approved doctor. In an emergency, it’s fine to go to the nearest ER, but follow up with an employer-approved doctor later.
- Fill out and submit form WC 15 (“Worker’s Claim for Compensation”) to the Colorado Division of Workers’ Compensation within 2 years.
- Follow up with an attorney at a local Colorado work injury law firm if your claim is denied or you need help calculating how much your injury is worth.
Unlike personal injury lawsuits, you don’t have to prove fault to receive workers’ comp. Even if the accident was partly your mistake, you’ll likely still qualify for benefits as long as you didn’t injure yourself on purpose.
That said, employers and insurers may try to minimize the extent of your injury to reduce your compensation and force you back to work sooner. That’s where an experienced Denver workers’ compensation attorney can step in and make sure your claim is filed correctly, deadlines are met, and your rights are fully protected.
What is the average payout for a head injury at work?
There isn’t a one-size-fits-all number for work-related head and brain injury claims in Colorado because the value of a claim depends on the severity of the injury and how it impacts a worker’s ability to work.
However, there are some key workers’ comp benefits you should be aware of when estimating the value of your claim. They include:
- Medical benefits. These cover all reasonable and necessary medical treatments related to your brain injury, from ER visits and surgery to ongoing therapy and medications.
- Wage replacement benefits. These typically cover about two-thirds of your average weekly wage while you’re out of work, subject to state maximums. These temporary disability benefits are tax-free, so the amount you receive may be similar to your normal take-home pay.
- Permanent disability benefits. If your injury leaves you with lasting limitations, you may be entitled to permanent partial disability (PPD) or permanent total disability (PTD) benefits, depending on whether you can return to any type of work.
- Death benefits. If a brain injury is fatal, surviving dependents may receive payments for partial income replacement as well as funeral expenses.
Here’s an example: Let’s say a young landscape worker named Joe suffers a severe diffuse axonal injury that leaves him permanently unable to do any type of physical labor. In addition to full medical care, his payout would include lifetime weekly wage replacement benefits (or a large lump-sum settlement).
In Joe’s case, his total payout from workers’ comp could amount to hundreds of thousands or even millions of dollars when you factor in decades of lost income and the cost of his long-term care.
Because these claims are so complex, insurance companies often undervalue them—especially when the future impact isn’t clear yet. That’s why having an experienced Denver workers’ comp attorney is critical.
A lawyer can work with medical and vocational experts to calculate the true value of your claim and handle the negotiations with the insurance company to ensure you’ll have what you need to support yourself and your family long-term.
Did you suffer a brain injury at work in Denver? We can help!
At Babcock Tucker, our Denver work injury attorneys have decades of experience helping workers with catastrophic injuries like brain injuries, spinal cord injuries, and amputations secure the maximum amount of compensation they’re entitled to under Colorado law.
Whether your claim has been denied, you’re being pressured to return to work before you’re better, or you just want to make sure you’re getting the full compensation you deserve, we’re here to stand up for you.
Contact Babcock Tucker today for a free consultation, and let us fight to get you the benefits you’re owed.
References
CDC. (2024, May 24). TBI in the Workplace Facts. Traumatic Brain Injury & Concussion. https://www.cdc.gov/traumatic-brain-injury/data-research/facts-stats/tbi-in-the-workplace.html
International Brain Injury Association (IBIA). (2025). International Brain Injury Association. https://www.internationalbrain.org/resources/brain-injury-facts
