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Colorado Workers Compensation Laws
Workers compensation policy information for the State of Colorado
- State: Colorado
- Authority/Rating Bureau: NCCI, National Council on Compensation Insurance
- Compulsory: Yes
- Private Insurance: Allowed
- Self-Insurance: Allowed
- State Fund: Previous state fund was converted into a nonprofit workers compensation exclusive insurance company. Pinnacol Assurance now competes directly with private insurers in the State of Colorado.
- Assigned Risk: Pinnacol Assurance. Colorado residual market coverage is provided by the non-exclusive, or competitive, state fund.
- Numerical Exceptions: 1
- Individual Waivers Allowed: No. However, a person, company or corporation may not be construed to be an employer subject to workers' compensation liability under the specific criteria defined in section 8-40-302, C.R.S.
- Sole Proprietor: Excluded from coverage/may elect to be included. If included the rating payroll used is $47,500 per year as of 1-1-2011.
- Partners: Excluded from coverage/may elect to be included - Treated as sole proprietor. If included the rating payroll used is $47,500 per year as of 1-1-2011.
- Corporate Officers: Included in coverage, however those who own at least 10% of the corporations stock may elect to be exempt from coverage. If included the rating payroll used is $47,500 per year as of 1-1-2011.
- LLC Members: Treated as corporate officers, included but can elect to be exempt. Corporation status. Member defined as one who owns at least 10% of the membership interest and who controls, supervises, and manages the business affairs. If included the rating payroll used is $47,500 per year as of 1-1-2011.
- Contractors: Subcontractors and independent contractors are considered employees of those they are performing work for unless very specific state rules are followed and interdependency is established. Proper documentation is also required in order to qualify for interdependency.
- Special Notes: NA
- Colorado Workers Compensation Subrogation: You can find information about workers compensation subrogation for Colorado in State Statute 8-41-203. Below is a direct link we've provided you for access to this statute.
Colorado Statute - 8-41-203 - Workers Compensation Subrogation
- Colorado Workers While In Other States; Other States Workers While In Colorado; Extraterritorial; Reciprocity; Non-Compliance: When a Colorado worker is working temporarily in another state, workers compensation coverage for that worker is governed by the extraterritorial provisions found in Colorado statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions. Reciprocity governs coverage for a worker from another state who is working temporarily in Colorado. Employers who have employees temporarily working in Colorado from another state must endorse their policy. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We've provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your state authority with your specific questions concerning this topic!
- Extraterritorial:
- Provisions: Yes
- Duration: 6 Months
- Reciprocity:
- Specific Statute or Reference: 8.41.204;
- For More Information Contact: Colorado Division of Workers Compensation Coverage Enforcement Unit 303-318-8639
- Regulated By:
- Department of Workers' Compensation
- 1515 Arapahoe Street
- Tower 2, Suite 500
- Denver, Colorado 80202-2117
- 888-390-7936
- http://www.colorado.gov/cs/Satellite/CDLE-WorkComp/CDLE/1240336932511
- Colorado Division of Insurance
- Department of Regulatory Agencies
- 1560 Broadway, Ste. 850
- Denver, Co 80202
- 303-894-7499
- http://www.dora.state.co.us/insurance
- Workers Compensation Statute: Use this link to access Colorado statutes. Navigate to Labor and Industries, article 40 to 55.
- http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=
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- Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.
Contact Us:
WORKERS COMPENSATION CONSULTANT
Voice: (931) 292-2633
Fax: (573) 447-4998
email: rks@workcompconsultant.com
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