How to Apply for Temporary Disability in Colorado

To apply for temporary disability in Colorado, first figure out which program covers you: workers’ compensation if your injury or illness is job-related, the state’s Family and Medical Leave Insurance (FAMLI) program if it isn’t, or a private disability policy if you carry one. There is no single state application. Each program has its own forms, deadlines, and benefit math, and the route you take is decided by how you got hurt or sick, not by which program you’d prefer.

Figure Out Which Program Covers You

Start with one question: did your condition come from your job? If yes, workers’ compensation is the answer, and it is the only answer. Colorado law makes workers’ comp the exclusive remedy for workplace injuries, so you can’t skip it and file with FAMLI instead for something that happened on the clock.

If your condition is not work-related, FAMLI is the state program. It covers most Colorado employees who have earned at least $2,500 in wages over the last five completed calendar quarters and pays a portion of your wages for up to twelve weeks while you recover from a serious health condition.¹ A private short-term or long-term disability policy, if you have one through work or bought on your own, may pay in addition to or instead of these programs depending on its terms.

One boundary worth naming up front: Social Security Disability Insurance is a federal program built for conditions expected to last at least twelve months or result in death. It does not pay benefits for short-term or partial disabilities.² If your condition is genuinely temporary, SSDI is not the right application to file.

Applying Through Workers’ Compensation

When Benefits Start

There’s no minimum tenure or hours requirement. Coverage exists because you’re employed, not because you’ve been employed a certain amount of time. Temporary total disability benefits begin after you’ve missed more than three regular work shifts because of the injury.³ Those first three shifts are effectively an unpaid waiting period. If you can come back in a lighter role at reduced hours or pay, temporary partial disability benefits cover part of the wage gap instead.⁴

Notify Your Employer in Writing

Colorado law gives you ten days from the date of injury to notify your employer in writing.⁵ Miss that window and you can lose one day of compensation for each day you’re late, unless your employer already knew about the injury or you had good cause for the delay. Even if the ten days have passed, put the notice in writing now.

File the Worker’s Claim for Compensation

The formal claim is filed on Form WC 15, downloadable from the Colorado Division of Workers’ Compensation.⁶ Fill it in and send two copies to the Division of Workers’ Compensation, Customer Service Unit, 633 17th Street, Suite 400, Denver, CO 80202.⁷ The form asks for your employer’s name and address, the date of injury, your job title, and a description of how you were hurt.

You’ll also need medical documentation showing a clear diagnosis, a statement that you cannot do your job, and an estimated recovery timeline. Your employer or their carrier may direct you to an authorized treating physician.

What the Benefit Pays

Temporary total disability pays two-thirds (66⅔%) of your average weekly wage before the injury, capped at 91% of the statewide average weekly wage, and payments arrive every two weeks.³ If you were earning $900 a week, the benefit is about $600. Temporary partial disability uses the same two-thirds formula, applied to the gap between your pre-injury wages and what you now earn in the reduced role, and carries the same cap.⁴

After You File

Once the first report of injury reaches the Division, the employer’s insurance carrier has 20 days to take a position.⁸ The carrier either files a General Admission of Liability, meaning the claim is accepted and benefits begin, or a Notice of Contest, meaning the claim is disputed. You’ll be notified in writing either way. Accepted claims pay every two weeks until your disability is no longer total, you reach maximum medical improvement, or you return to full duty.

Applying Through FAMLI

Who Qualifies

FAMLI covers most employees who have earned at least $2,500 in Colorado wages within the last five completed calendar quarters. There’s no minimum time with any single employer to receive benefits, though job protection is a separate question addressed below. Self-employed workers, including independent contractors and gig workers, can opt in voluntarily, with a three-year minimum commitment to prevent enrollment only when leave is anticipated.¹

FAMLI covers your own serious health condition, and also bonding with a new child, caring for a family member’s serious health condition, arrangements around a family member’s military deployment, and safety needs following domestic violence or sexual assault.⁹

File Through My FAMLI+

All FAMLI claims go through the My FAMLI+ online portal. The application has five steps:¹⁰

Personal details. Verify your identity, which may require matching a selfie with a government-issued ID or downloading and notarizing an Identity Attestation Form.
Employment. Select your current employer from the system. If your employer isn’t listed, you can add them manually, but you’ll need to upload proof of employment, and the claim may be slowed.
Leave details. Choose the reason for leave, enter start and end dates, and identify your treating healthcare provider. If the provider isn’t in the system, enter their information manually and upload a Serious Health Condition Form.
Payment. Choose direct deposit or a prepaid debit card, and decide whether to withhold 10% for federal taxes.
Review and submit.

Filing Deadlines

File within 30 days of the start of your leave. Applications submitted more than 30 days after leave begins require an explanation and supporting documentation for the delay, and claims filed more than 90 days after the leave start date will be denied.¹⁰ Don’t wait until you feel better to start the paperwork.

What the Benefit Pays

FAMLI uses a sliding scale tied to the statewide average weekly wage, which is $1,534.94 for the 2025–2026 period. The first $735.67 of your average weekly wage is replaced at 90%, and any amount above that at 50%, up to a maximum weekly benefit of $1,381.45.¹¹ Lower-wage workers replace a larger share of income than higher earners under this formula. Benefits last up to twelve weeks per year, and your first payment won’t be issued until you’ve missed one full week of work.¹²

Applying Through a Private Disability Policy

If you carry short-term or long-term disability coverage through work or as an individual policy, the process is set by the insurer, not the state. Contact your HR department or the carrier directly to request the claims packet. You’ll usually need the same core documents required by the state programs: medical records showing your diagnosis and inability to work, wage information, and your employer’s details.

Pay attention to the elimination period, the stretch between when your disability starts and when benefits begin paying. These waiting periods commonly range from 30 days to several months, and the clock starts from the injury or diagnosis date, not the date you file. If you’re also receiving FAMLI or workers’ comp for the same period, expect an offset: most private policies reduce their payments dollar-for-dollar against what you collect from other sources.

Documents to Have Ready Before You File

The documentation overlaps across all three routes, so gather it once. On the medical side you’ll need a formal diagnosis, a provider statement confirming you cannot perform your job duties (or can only do so in a reduced capacity), an estimated timeline for recovery, and any prescribed treatment plan. On the employment side you’ll need your employer’s full name and address, your job title, the date the injury occurred or illness began, and recent pay stubs or wage records.

FAMLI additionally requires a Serious Health Condition Form completed by your provider and uploaded through the portal.¹⁰ Workers’ compensation requires the Worker’s Claim for Compensation (Form WC 15).⁷

A Note on Keeping Your Job

Getting paid and keeping your job are separate questions. FAMLI provides job protection once you’ve been with the same employer for at least 180 calendar days, which includes leave, vacation, and sick time, not just days worked.¹ The federal Family and Medical Leave Act can also protect your job for up to twelve weeks and can run concurrently with FAMLI. Workers’ comp itself has no standalone reinstatement guarantee, though Colorado law prohibits retaliation for filing a claim.

If Your Claim Is Denied

Workers’ Compensation

A Notice of Contest sends your claim to an Administrative Law Judge at the Division of Workers’ Compensation, who holds a hearing and issues a decision. If you disagree with that ruling, file a Petition to Review within 20 days of the date the order is mailed to you. Missing the 20-day window can permanently end your right to appeal.¹³ This is where most people benefit from an attorney; the process runs on transcripts, briefs, and unforgiving deadlines.

FAMLI

The first step after a denial is a reconsideration through your My FAMLI+ account, asking the FAMLI Division to re-evaluate. If that doesn’t resolve it, file a formal appeal with a clear statement of why you disagree, a copy of the determination notice, and any supporting documentation.¹⁴ Common denial reasons include filing too late, thin medical documentation, or not meeting the earnings threshold. Sometimes fixing the underlying problem and resubmitting is faster than appealing.

Private Policies

Private insurers have an internal appeals process spelled out in your policy. Get the denial in writing, ask for the specific reasons, and review the appeal procedures and deadlines in your plan documents. If the internal appeal fails and your policy is an employer-sponsored group plan, ERISA gives you the right to file suit in federal court. Individual policies are governed by state insurance law, and you can file a complaint with the Colorado Division of Insurance.

1
Family and Medical Leave Insurance (FAMLI). Individuals and Families FAQs
2
Social Security Administration. Substantial Gainful Activity
3
Justia Law. Colorado Revised Statutes Title 8 – Section 8-42-105 – Temporary Total Disability
4
Justia Law. Colorado Revised Statutes Title 8 – Section 8-42-106 – Temporary Partial Disability
5
Justia Law. Colorado Revised Statutes Title 8 – Section 8-43-102 – Notice of Injury
6
Colorado Department of Labor and Employment. Workers’ Compensation Forms
7
Colorado Department of Labor and Employment. File a Workers’ Compensation Claim
8
Colorado Department of Labor and Employment. Reporting Injuries
9
Family and Medical Leave Insurance (FAMLI). Family and Medical Leave Insurance
10
Family and Medical Leave Insurance (FAMLI). My FAMLI+ User Guide – Filing A Claim
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Family and Medical Leave Insurance (FAMLI). Premium and Benefits Calculator
12
Family and Medical Leave Insurance (FAMLI). What to Expect From Your First FAMLI Payment
13
Colorado Department of Labor and Employment. Workers’ Compensation Appeal Process
14
Family and Medical Leave Insurance (FAMLI). Appeals FAQ