Can You Get Workers’ Comp if You’re Undocumented in Colorado?
Before assuming you don’t qualify for workers’ comp because of your legal status, understand your rights
Key points about workers’ comp for undocumented workers in Colorado:
- Colorado law includes protections for many workers who assume they have no legal options after a workplace injury.
- Immigration status is not a factor in determining whether an injured worker can pursue a workers’ compensation claim.
- In Colorado, you do not need to have a Social Security number to file a workers’ comp claim.
- Employers in Colorado cannot deny workers’ compensation benefits solely because a worker is undocumented.
If you’re undocumented and get hurt at work in Colorado, the stakes can feel incredibly high. Most workers in this situation have no idea whether they qualify for workers’ compensation benefits, how to file a work injury claim, or whether their employer can use their status against them after an injury.
The good news is that Colorado’s workers’ compensation system generally protects injured employees regardless of immigration status. However, every situation is different, and questions about worker classification, eligibility, and potential risks should be addressed as early as possible.
In this guide, we’ll explain what rights undocumented workers may have after a workplace injury, who qualifies for benefits, how the claims process works, and what to do if an employer or insurance company pushes back.
If you’re unsure about your status as a worker, your eligibility for benefits, or the risks involved, the Denver workers’ compensation attorneys at Babcock Tucker can confidentially review your situation, explain your rights, and help you understand your options.
Learn more by scheduling a free, confidential consultation with Babcock Tucker today.
Can an undocumented worker get workers’ comp after an injury in Colorado?
In many cases, yes. According to the Colorado Department of Labor and Employment (CDLE), immigration status is not a factor in determining whether an injured worker can pursue workers’ compensation benefits like medical benefits, wage loss benefits, and permanent disability benefits.
Like any other worker, you’ll generally need to show that:
- You were working as an employee (not an independent contractor).
- Your injury or occupational disease is directly related to your job.
- The claim meets all of Colorado’s workers’ compensation requirements.
Colorado workers’ compensation is a no-fault system. This means you typically do not have to prove your employer caused the accident or did something wrong. If you were injured while performing your job duties, benefits may be available even if you caused the accident.
Many undocumented workers never file claims because they assume they aren’t eligible. In reality, Colorado law often provides protections that many injured workers don’t realize they have.
In Colorado, an undocumented employee is treated equally under the law, ensuring they receive necessary medical care and wage replacement. An employer’s required workers’ compensation coverage must cover each employee, regardless of immigration status.
What Benefits Are Available in a Colorado Workers’ Compensation Claim?
Learn about the different types of workers’ comp benefits available to injured workers and their limits.
Who doesn’t qualify for workers’ comp in Colorado?
Workers’ compensation coverage does not apply to every worker in every situation.
The CDLE specifies that workers may not qualify for benefits if they are:
- Legitimate independent contractors
- Casual farmworkers or maintenance workers who earn less than $2,000 during a calendar year
- Domestic workers, such as nannies and au pairs, who work fewer than 40 hours per week and fewer than 5 days per week
- Drivers operating under lease agreements with common or contract carriers
The important thing to understand is that immigration status alone generally does not determine whether someone qualifies for workers’ compensation benefits.
The focus is usually on the worker’s employment relationship and whether the injury or illness arose out of their employment.
If you’re unsure whether you qualify, reach out to a local Colorado workers’ compensation attorney who can review your situation and help determine whether coverage may apply.
What if my employer says I’m an independent contractor?
This is one of the most common issues undocumented workers face after an injury.
Some employers intentionally misclassify workers as independent contractors instead of employees to reduce costs and eliminate certain legal obligations, including workers’ compensation coverage.
After an injury, workers are sometimes told they don’t qualify for benefits because of this classification. However, simply calling someone an independent contractor does not automatically make it true.
Colorado looks at the actual working relationship. Factors such as who controls the work, who provides tools and equipment, how the worker is paid, and whether the worker operates an independent business may all be considered.
Misclassification disputes are especially common in industries such as:
If your employer says you’re an independent contractor, don’t assume that’s the case. A Denver work injury lawyer can review the facts and determine whether you may still qualify for benefits.
Can filing a workers’ comp claim in Colorado get me deported?
It’s understandable that many undocumented workers are afraid that filing a workers’ compensation claim will expose them to immigration authorities. But generally speaking, workers’ compensation and immigration enforcement are separate systems.
Filing a workers’ compensation claim does not automatically trigger contact with ICE, and Colorado does not determine workers’ compensation eligibility based on immigration status.
That said, no attorney can guarantee that immigration-related issues will never arise in a particular case. Every situation is unique, and workers with concerns about their immigration status should discuss those concerns with a Denver workers’ comp attorney before moving forward.
The important thing to keep in mind is that many undocumented workers in Colorado successfully pursue workers’ compensation claims every year, and fear alone should not prevent an injured worker from learning about their rights.
How To Report a Colorado Work Injury or Condition
What to do after an accident at work: injured worker reporting requirements and timelines in Colorado.
Can my employer deny workers’ comp because I’m undocumented?
No, an employer cannot simply refuse workers’ compensation benefits because an employee is undocumented.
Of course, employers and insurance companies may still dispute claims for other reasons. They may argue that the injury happened outside of work, that a medical condition is unrelated to the job, or that the worker failed to follow reporting requirements.
If your employer is using your immigration status as a reason to discourage you from filing a claim or pursuing benefits, it’s a good idea to speak with an attorney as soon as possible.
How do I get workers’ compensation as an undocumented immigrant in Colorado?
The workers’ compensation process in Colorado is typically the same for undocumented workers and other employees.
However, because many undocumented workers have questions about their immigration status, worker classification, or eligibility for benefits, it can be helpful to speak with a workers’ compensation attorney before moving forward. An attorney can confidentially review your situation, explain your rights, and help you understand any potential risks.
To help protect your claim, you’ll need to take these steps:
- Tell your employer about the injury or illness as soon as possible. Colorado generally requires workers to provide notice within 10 days.
- Get medical care from an employer-approved doctor and make sure the doctor understands the condition is work-related. Ask your employer for a list of doctors to choose from.
- Keep records of what happened, including when and where the injury occurred, who witnessed it, and any treatment you receive.
- Cooperate with the workers’ compensation process while your employer and its insurance company review the claim.
- Submit a Worker’s Claim for Compensation (WC-15) with the Colorado Division of Workers’ Compensation within 2 years.
Be sure to contact an attorney if your workers’ comp claim is denied, you get pushback from your employer about filing a claim, or you have concerns about your status as a worker. Legal guidance can help you understand your options and avoid mistakes that could affect your claim and future.
Hurt at work and worried about your immigration status? We can help.
Unfortunately, many undocumented workers never get the workers’ compensation benefits they’re owed because they’re afraid of what could happen if they come forward.
At Babcock Tucker, we understand that workplace injuries can raise concerns that go far beyond medical treatment and lost wages. Our Denver workers’ compensation lawyers can confidentially review your situation, explain your rights, discuss any potential risks, and help determine whether you may qualify for benefits.
If you were hurt at work in Colorado and have questions about your immigration status, worker classification, or eligibility for workers’ comp, contact Babcock Tucker today for a free and confidential consultation.
References
File a Workers’ Compensation Claim | Department of Labor & Employment. (2024). Colorado.gov. https://cdle.colorado.gov/dwc/injured-workers/file-a-workers-compensation-claim
Independent Contractors and Coverage Exemptions | Department of Labor & Employment. (2025). Colorado.gov. https://cdle.colorado.gov/dwc/employers/independent-contractors-and-coverage-exemptions
