Title 8, Labor and Industry
0 chapters · 874 sections in this title.
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…
Colo. Rev. Stat. § 8-42-101 Employer must furnish medical aid - approval of plan - fee schedule - contracting for treatment - no recovery from employee - medical treatment guidelines - accreditation of physicians and other medical providers - mental health provider qualifications - mileage reimbursement - rules - definitions - repeal
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(1) (a) (I) Every employer, regardless of the employer’s method of insurance, shall furnish medical, surgical, dental, nursing, and hospital treatment; medical, hospital, and surgical supplies; crutches; apparatus; and guardian ad litem or conservator services as may reasonably b…
Colo. Rev. Stat. § 8-42-102 Basis of compensation - “wages” defined - average weekly wage - “at the time of injury” clarified
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(1) The average weekly wage of an injured employee shall be taken as the basis upon which to compute compensation payments. (2) Average weekly wages for the purpose of computing benefits provided in articles 40 to 47 of this title, except as provided in this section, shall be cal…
Colo. Rev. Stat. § 8-42-103 Disability indemnity payable as wages - period of disability
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(1) If the injury or occupational disease causes disability, a disability indemnity shall be payable as wages pursuant to section 8-42-105 (2)(a) subject to the following limitations: (a) If the period of disability does not last longer than three days from the day the employee l…
Colo. Rev. Stat. § 8-42-104 Effect of previous injury or compensation
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(1) The fact that an employee has suffered a previous disability or impairment or received compensation therefor shall not preclude compensation for a later injury or for death, but, in determining compensation benefits payable for the later injury or death, the employee's averag…
Colo. Rev. Stat. § 8-42-105 Temporary total disability - hearings
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(1) In case of temporary total disability of more than three regular working days' duration, the employee shall receive sixty-six and two-thirds percent of said employee's average weekly wages so long as such disability is total, not to exceed a maximum of ninety-one percent of t…
Colo. Rev. Stat. § 8-42-106 Temporary partial disability
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(1) In case of temporary partial disability, the employee shall receive sixty-six and two-thirds percent of the difference between the employee's average weekly wage at the time of the injury and the employee's average weekly wage during the continuance of the temporary partial d…
Colo. Rev. Stat. § 8-42-107 Permanent partial disability benefits - schedule - medical impairment benefits - how determined
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(1) Benefits available. (a) When an injury results in permanent medical impairment, and the employee has an injury or injuries enumerated in the schedule set forth in subsection (2) of this section, the employee shall be limited to medical impairment benefits as specified in subs…
Colo. Rev. Stat. § 8-42-107.2 Selection of independent medical examiner - procedure - time - allocation of costs - disclosures regarding physician relationships with insurers, self-insured employers, or claimants - rules - applicability
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(1) This section governs the selection of an independent medical examiner, also referred to in this section as an “IME”, to resolve disputes arising under section 8-42-107. (2) (a) (I) Except as otherwise provided in subparagraph (II) of this paragraph (a), the time for selection…
Colo. Rev. Stat. § 8-42-107.5 Limits on temporary disability payments and permanent partial disability payments
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(1) A claimant whose impairment rating is nineteen percent or less may not receive more than one hundred eighty-five thousand dollars from combined temporary disability payments and permanent partial disability payments. A claimant whose impairment rating is greater than nineteen…
Colo. Rev. Stat. § 8-42-107.6 Premium dividend for employing injured employees
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The commissioner of insurance shall include within the premium dividends specified in rules and regulations promulgated pursuant to section 10-4-408 (5), C.R.S., a premium dividend of up to ten percent if an employer reemploys injured employees at their preinjury wages including …
Colo. Rev. Stat. § 8-42-108 Disfigurement - additional compensation
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(1) If an employee is seriously, permanently disfigured about the head, face, or parts of the body normally exposed to public view, in addition to all other compensation benefits provided in this article and except as provided in subsection (2) of this section, the director may a…
Colo. Rev. Stat. § 8-42-109 Added compensation for additional injuries
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Where an injured employee sustains an injury covered by sections 8-42-107, 8-42-108, and 8-46-101 but in addition thereto receives other injuries which are sufficient in their nature to alone cause temporary total disability, said employee shall receive, in addition to the amount…
Colo. Rev. Stat. § 8-42-110 Permanent partial disability - how determined. (Repealed)
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Source: L. 90: Entire article R&RE, p. 493, � 1, effective July 1. L. 91: Entire section repealed, p. 1312, � 18, effective July 1. Editor's note: (1) Before its repeal in 1991, this section was similar to former � 8-51-108 as it existed prior to 1990. (2) The current provisions …
Colo. Rev. Stat. § 8-42-111 Award for permanent total disability
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(1) In cases of permanent total disability, the award shall be sixty-six and two-thirds percent of the average weekly wages of the injured employee and shall continue until death of such person so totally disabled but not in excess of the weekly maximum benefits specified in this…
Colo. Rev. Stat. § 8-42-112 Acts of employees reducing compensation
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(1) The compensation provided for in articles 40 to 47 of this title shall be reduced fifty percent: (a) Where injury is caused by the willful failure of the employee to use safety devices provided by the employer; (b) Where injury results from the employee's willful failure to o…
Colo. Rev. Stat. § 8-42-112.5 Limitation on payments - use of controlled substances
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(1) Nonmedical benefits otherwise payable to an injured worker are reduced fifty percent where the injury results from the presence in the worker's system, during working hours, of controlled substances, as defined in section 18-18-102 (5), C.R.S., that are not medically prescrib…
Colo. Rev. Stat. § 8-42-113 Limitations on payments to prisoners - incentives to sheriffs and department of corrections
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(1) Notwithstanding any other provision of law to the contrary except as provided in subsection (4) of this section, any individual who is otherwise entitled to benefits under articles 40 to 47 of this title shall neither receive nor be entitled to such benefits for any week foll…
Colo. Rev. Stat. § 8-42-113.5 Recovery of overpayments - notice required
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(1) If a claimant has received an award for the payment of disability benefits or a death benefit under articles 40 to 47 of this title and also receives any payment, award, or entitlement to benefits under the federal old-age, survivors, and disability insurance act, an employer…
Colo. Rev. Stat. § 8-42-114 Death benefits
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In case of death, the dependents of the deceased entitled thereto shall receive as compensation or death benefits sixty-six and two-thirds percent of the deceased employee's average weekly wages, not to exceed a maximum of ninety-one percent of the state average weekly wage per w…
Colo. Rev. Stat. § 8-42-115 Death from injury - benefits
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(1) In case death proximately results from the injury, the benefits shall be in the amount and to the persons following: (a) If there are no dependents, compensation shall be limited to the expenses provided for medical, hospital, and funeral expense of the deceased, together wit…
Colo. Rev. Stat. § 8-42-116 When death not proximate result - benefits
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(1) If death occurs to an injured employee, other than as a proximate result of any injury, before disability indemnity ceases and the deceased leaves persons wholly dependent upon the deceased for support, death benefits shall be as follows: (a) Where the injury proximately caus…
Colo. Rev. Stat. § 8-42-117 Benefits to partial dependents
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(1) If death occurs to an injured employee, other than as a proximate result of the injury, before disability indemnity ceases and the deceased leaves persons partially dependent upon the deceased for support, death benefits shall be as follows: (a) Where the injury proximately c…
Colo. Rev. Stat. § 8-42-118 Applicability of repeal of death benefits to nonresident dependents
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The repeal of section 8-50-114, as said section existed prior to July 1, 1983, shall not affect the payments of death benefits which are being paid before July 1, 1983.
Colo. Rev. Stat. § 8-42-119 Partial dependents - compensation
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Partial dependents shall be entitled to receive only that portion of the benefits provided for those wholly dependent which the average amount of the wages regularly contributed by the deceased to such partial dependents at and for a reasonable time immediately prior to the injur…
Colo. Rev. Stat. § 8-42-120 Termination of right to benefits - definition
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(1) (a) Except as otherwise provided in subsection (1)(b) of this section, death benefits shall be paid to a dependent widow or widower for life or until remarriage, and, if there are no dependent children, as defined in section 8-41-501 (1)(b) and (1)(c), at the time of remarria…
Colo. Rev. Stat. § 8-42-121 Director to determine and apportion benefits
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Death benefits shall be paid to such one or more of the dependents of the decedent, for the benefit of all the dependents entitled to such compensation, as may be determined by the director, who may apportion the benefits among such dependents in such manner as the director may d…
Colo. Rev. Stat. § 8-42-122 Minor dependents - safeguarding payments
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In all cases of death where the dependents are minor children, it shall be sufficient for the surviving spouse or a friend to make application and claim on behalf of the minor children. The director, for the purpose of protecting the rights and interests of any dependents whom th…
Colo. Rev. Stat. § 8-42-123 Funeral and burial expenses
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(1) When, as a proximate result of an injury, death occurs to an injured employee, there shall be paid in one lump sum within thirty days after death a sum not to exceed twelve thousand five hundred dollars for funeral and burial expenses. Said sum may be paid to the person provi…
Colo. Rev. Stat. § 8-42-124 Assignability and exemption of claims - payment to employers - when
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(1) Except for amounts due under court-ordered support or for a judgment for a debt for fraudulently obtained public assistance, fraudulently obtained overpayments of public assistance, excess public assistance paid for which the recipient was ineligible, or overpayment of paid f…
Colo. Rev. Stat. § 8-42-125 Data gathering on workers' compensation system
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The governor and the leader of the opposing party in the house of representatives and the leader of the opposing party in the senate shall contract with a person or entity for obtaining information on the workers' compensation system. The person or entity gathering the informatio…
Colo. Rev. Stat. § 8-42-126 Monetary benefits and penalties - timely payment - determination of date deemed paid
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For the purposes of articles 40 to 47 of this title 8, rules promulgated pursuant to articles 40 to 47 of this title 8, and any orders of the division and office of administrative courts in the department of personnel, monetary benefits or penalties required to be paid to an inju…
Colo. Rev. Stat. § 8-42-127 Direct deposit
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If a claimant has voluntarily authorized direct deposit, the insurer or self-insured employer shall deposit all temporary disability benefits and permanent disability benefits due and payable to the claimant under this title 8 in an account designated by the claimant in any bank,…