Colorado § 8-40-102 Legislative declaration

Colorado Statutes

§ 8-40-102 — Legislative declaration

Colorado § 8-40-102

Title 08Labor and

Art.General Provisions

This text of Colorado § 8-40-102 (Legislative declaration) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 8-40-102 (2026).

Text

(1)It is the intent of the general assembly that the Workers' Compensation Act of Colorado be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to injured workers at a reasonable cost to employers, without the necessity of any litigation, recognizing that the workers' compensation system in Colorado is based on a mutual renunciation of common law rights and defenses by employers and employees alike.

(2)The general assembly hereby finds that the determination of whether an individual is an employee for purposes of the Workers' Compensation Act of Colorado is subject to a great deal of speculation and litigation. It is the intent of the general assembly to provide an easily ascertainable standard for determining whether an individual

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(1) It is the intent of the general
assembly that the Workers' Compensation Act of Colorado be interpreted so as to
assure the quick and efficient delivery of disability and medical benefits to injured
workers at a reasonable cost to employers, without the necessity of any litigation,
recognizing that the workers' compensation system in Colorado is based on a
mutual renunciation of common law rights and defenses by employers and
employees alike.

(2) The general assembly hereby finds that the determination of whether an
individual is an employee for purposes of the Workers' Compensation Act of
Colorado is subject to a great deal of speculation and litigation. It is the intent of
the general assembly to provide an easily ascertainable standard for determining
whether an individual is an employee. In order to further this objective, the test for
determining whether an individual is an employee for the purposes of the Workers'
Compensation Act of Colorado shall be based on the nine criteria found in section
8-40-202 (2)(b)(II) which shall supersede the common law. The fact that an
individual performs services exclusively or primarily for another shall not be
conclusive evidence that the individual is an employee.

Legislative History

Source: L. 90: Entire article R&RE, p. 468, � 1, effective July 1. L. 91: Entire section amended, p. 1291, � 3, effective July 1. L. 93: Entire section amended, p. 355, � 1, effective April 12. L. 95: (2) amended, p. 343, � 1, effective July 1.