Title 8, Labor and Industry
0 chapters · 874 sections in this title.
Colo. Rev. Stat. § 8-41-101 Assumption of risk - negligence of employee or fellow servant
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(1) In an action to recover damages for a personal injury sustained by an employee while engaged in the line of duty, or for death resulting from personal injuries so sustained, in which recovery is sought upon the ground of want of ordinary care of the employer, or of the office…
Colo. Rev. Stat. § 8-41-102 Liability of employer complying
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An employer who has complied with the provisions of articles 40 to 47 of this title, including the provisions relating to insurance, shall not be subject to the provisions of section 8-41-101; nor shall such employer or the insurance carrier, if any, insuring the employer's liabi…
Colo. Rev. Stat. § 8-41-103 Availability of common-law defenses
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If an employer has complied with the provisions of articles 40 to 47 of this title, including the provisions thereof relating to insurance, and an action is brought against such employer or such employer's insurance carrier to recover damages for personal injuries or death sustai…
Colo. Rev. Stat. § 8-41-104 Acceptance as surrender of other remedies
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An election under the provisions of section 8-40-302 (5) and in compliance with the provisions of articles 40 to 47 of this title, including the provisions for insurance, shall be construed to be a surrender by the employer, such employer's insurance carrier, and the employee of …
Colo. Rev. Stat. § 8-41-201 Not applicable to common carriers
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The provisions of articles 40 to 47 of this title shall not apply to common carriers by railroad but shall apply to all other employers as defined in said articles engaged in intrastate or interstate commerce, or both, except those employers, other than the Colorado division of c…
Colo. Rev. Stat. § 8-41-202 Rejection of coverage by corporate officers and others
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(1) Notwithstanding any provisions of articles 40 to 47 of this title to the contrary, a corporate officer of a corporation or a member of a limited liability company may elect to reject the provisions of articles 40 to 47 of this title. If so elected, said corporate officer or m…
Colo. Rev. Stat. § 8-41-203 Negligence of stranger - remedies - subrogation - actions - compromise
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(1) (a) If any employee entitled to compensation under articles 40 to 47 of this title is injured or killed by the negligence or wrong of another not in the same employ, such injured employee or, in case of death, such employee’s dependents, may take compensation under said artic…
Colo. Rev. Stat. § 8-41-204 Injury outside of state - benefits in accordance with state law
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If an employee who has been hired or is regularly employed in this state receives personal injuries in an accident or an occupational disease arising out of and in the course of such employment outside of this state, the employee, or such employee's dependents in case of death, s…
Colo. Rev. Stat. § 8-41-205 Waiver of compensation by employee - approval required - exception
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No waiver of compensation or medical benefits by an employee for aggravation of any preexisting condition or disease shall be allowed under articles 40 to 47 of this title. This section, however, shall not invalidate any such waiver so filed and approved prior to March 1, 1977, u…
Colo. Rev. Stat. § 8-41-206 Disability beginning five years after injury
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Any disability beginning more than five years after the date of injury shall be conclusively presumed not to be due to the injury, except in cases of disability or death resulting from exposure to radioactive materials, substances, or machines or to fissionable materials, or any …
Colo. Rev. Stat. § 8-41-207 Death after two years
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In case death occurs more than two years after the date of receiving any injury, such death shall be prima facie presumed not to be due to such injury; such presumption shall not apply in cases of silicosis, asbestosis, anthracosis, or disability or death resulting from exposure …
Colo. Rev. Stat. § 8-41-208 Coverage for job-related exposure to or contraction of hepatitis C
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(1) The exposure to or contraction of hepatitis C by a firefighter, emergency services provider, or peace officer, as described in section 16-2.5-101, C.R.S., shall be presumed to be within the course and scope of employment if the following conditions are satisfied: (a) A baseli…
Colo. Rev. Stat. § 8-41-209 Coverage for occupational diseases contracted by firefighters
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(1) Death, disability, or impairment of health of a firefighter of any political subdivision who has completed five or more years of employment as a firefighter, caused by cancer of the brain, skin, digestive system, hematological system, or genitourinary system and resulting fro…
Colo. Rev. Stat. § 8-41-210 Coverage for property tax work-off program participants
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Notwithstanding any provision of law to the contrary, a governmental entity or private nonprofit or for-profit entity that has a contract with a governmental entity that is self-insured under articles 40 to 47 of this title may purchase workers' compensation insurance from any in…
Colo. Rev. Stat. § 8-41-211 Transportation network company drivers - rules
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On June 5, 2014, the director, upon consideration of existing Colorado statutory and case law, may by rule determine whether or not transportation network companies have an obligation under existing Colorado law to provide or offer for purchase workers' compensation insurance cov…
Colo. Rev. Stat. § 8-41-212 Exemptions - laws of other state furnish exclusive remedy - definitions
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(1) An employee who was hired or is regularly employed outside of Colorado by an out-of-state employer and the out-of-state employer of the employee are exempt from articles 40 to 47 of this title 8 while the employee is temporarily working for the out-of-state employer within Co…
Colo. Rev. Stat. § 8-41-301 Conditions of recovery - definitions
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(1) The right to the compensation provided for in articles 40 to 47 of this title, in lieu of any other liability to any person for any personal injury or death resulting therefrom, shall obtain in all cases where the following conditions occur: (a) Where, at the time of the inju…
Colo. Rev. Stat. § 8-41-302 Scope of terms - accident - injury - occupational disease
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(1) Accident, injury, and occupational disease shall not be construed to include disability or death caused by or resulting from mental or emotional stress unless it is shown by competent evidence that such mental or emotional stress is proximately caused solely by hazards to whi…
Colo. Rev. Stat. § 8-41-303 Loaning employer liable for compensation
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Where an employer, who has accepted the provisions of articles 40 to 47 of this title and has complied therewith, loans the service of any of the employer's employees who have accepted the provisions of said articles to any third person, the employer shall be liable for any compe…
Colo. Rev. Stat. § 8-41-304 Last employer liable - exception
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(1) Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and suffered a substantial permanent aggravation thereof and the insurance carrier, if any, on the risk when su…
Colo. Rev. Stat. § 8-41-401 Lessor contractor-out deemed employer - liability - recovery
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(1) (a) (I) Any person, company, or corporation operating or engaged in or conducting any business by leasing or contracting out any part or all of the work thereof to any lessee, sublessee, contractor, or subcontractor, irrespective of the number of employees engaged in such wor…
Colo. Rev. Stat. § 8-41-402 Repairs to real property - exception for liability of occupant of residential real property
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(1) Every person, company, or corporation owning any real property or improvements thereon and contracting out any work done on and to said property to any contractor, subcontractor, or person who hires or uses employees in the doing of such work shall be deemed to be an employer…
Colo. Rev. Stat. § 8-41-403 Exemption of certain lessors of real property
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(1) The provisions of this part 4 shall not apply to any lessor or sublessor of real property who rents or leases real property to any lessee or sublessee for the purpose of conducting the business of such lessee or sublessee, whether as a franchise holder, independent agent, or …
Colo. Rev. Stat. § 8-41-404 Construction work - proof of coverage required - violation - penalty - definitions
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(1) (a) Except as otherwise provided in subsection (4) of this section, every person performing construction work on a construction site shall be covered by workers’ compensation insurance, and a person who contracts for the performance of construction work on a construction site…
Colo. Rev. Stat. § 8-41-501 Persons presumed wholly dependent
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(1) For the purposes of articles 40 to 47 of this title, the following described persons shall be presumed to be wholly dependent (however, such presumption may be rebutted by competent evidence): (a) Widow or widower, unless it is shown that she or he was voluntarily separated a…
Colo. Rev. Stat. § 8-41-502 Other dependents - temporary dependency
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Except as otherwise provided in section 8-41-501 (1)(c), a child eighteen years of age or over and a mother, father, grandmother, grandfather, sister, brother, or grandchild who was wholly or partially supported by the deceased employee at the time of death and for a reasonable p…
Colo. Rev. Stat. § 8-41-503 Dependency and extent determined - how
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(1) Dependents and the extent of their dependency shall be determined as of the date of the injury to the injured employee, and the right to death benefits shall become fixed as of said date irrespective of any subsequent change in conditions except as provided in section 8-41-50…
Colo. Rev. Stat. § 8-41-504 Action by injured employee - dependents not parties in interest
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No dependent of an injured employee, during the life of the employee, shall be deemed a party in interest to any proceeding by said employee for the enforcement of any claim for compensation nor with respect to any settlement thereof by said employee. Source: L. 90: Entire articl…
Colo. Rev. Stat. § 8-41-505 Minor children
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A minor child of a deceased putative father is entitled to compensation when it is proved to the satisfaction of the director that the father, during his lifetime, has acknowledged the child as his and has regularly contributed to his or her support and maintenance for a reasonab…