Colorado § 8-41-103 Availability of common-law defenses

Colorado Statutes

§ 8-41-103 — Availability of common-law defenses

Colorado·Title 08 Labor and·Art. Coverage and Liability

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 sustained by an employee who has elected not to come under said
articles, such employer and such employer's insurance carrier shall have all the
defenses to the action which they would have had if said articles and part 2 of
article 2 of this title had not been enacted.

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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 sustained by an employee who has elected not to come under said
articles, such employer and such employer's insurance carrier shall have all the
defenses to the action which they would have had if said articles and part 2 of
article 2 of this title had not been enacted.

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