If a worker is so badly injured that they cannot return to some form of work, they may be permanently and totally disabled.
According to statute, a worker is not permanently and totally disabled if:
- They are capable of rehabilitation which would enable them to earn any wages for the same or other employer (Section 8-40-201 (16.5), C.R.S.); and/or
- They refuse an offer of employment by the same or other employer (Section 8-42-111(3), C.R.S.); and/or
- They refuse an offer of vocational rehabilitation paid for by the employer. (Section 8-42-111(3), C.R.S.).
Permanent total disability benefits are payable at the rate of 2/3rds of an employee’s average weekly wage for life without cost of living increases. Permanent total disability benefits are subject to offset for social security, PERA, long term disability and other employer-funded disability or retirement programs. A permanent total disability award can be reopened at any time if the worker is earning more than $4,000.00 per year or is shown to be engaged in activities which indicate employability. (Section 8-43-303(3), C.R.S.).
Cairns & Associates, P.C.
3900 E. Mexico Avenue
Denver, CO 80210
Phone (303) 481-6345
Fax (866) 277-0355