§ 8-44-101 — Insurance requirements

Colorado § 8-44-101

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Insurance

Text

(1) Any employer subject to the
provisions of articles 40 to 47 of this title shall secure compensation for all
employees in one or more of the following ways, which shall be deemed to be
compliance with the insurance requirements of said articles:

(a) By insuring and keeping insured the payment of such compensation in the
Pinnacol Assurance fund;

(b) By insuring and keeping insured the payment of such compensation with
any stock or mutual corporation authorized to transact the business of workers'
compensation insurance in this state. If insurance is effected in such stock or
mutual corporation, the employer or insurer shall forthwith file with the division, in
form prescribed by it, a notice specifying the name of the insured and the insurer,
the business and place of business of the insured, the effective and termination
dates of the policy, and, when requested, a copy of the contract or policy of
insurance.

(c) By procuring a self-insurance permit from the executive director as
provided in section 8-44-201, except for public entity pools as described in section
8-44-204 (3), which shall procure self-insurance certificates of authority from the
commissioner of insurance as provided in section 8-44-204;

(d) By procuring a self-insurance certificate of authority from the
commissioner of insurance as provided in section 8-44-205.

(2) It shall be unlawful, except as provided in sections 8-41-401 and 8-41-402, for any employer, regardless of the method of insurance, to require an
employee to pay all or any part of the cost of such insurance.

(3) (a) (I) Except as otherwise provided in subparagraph (II) of this paragraph
(a), all public entities in the state shall insure and keep insured the payment of
compensation by electing one of the methods provided in subsection (1) of this
section. A public entity having an insured payroll of less than one million dollars
annually shall not be eligible for self-insurance; except that public entities forming
a pool pursuant to section 8-44-204 (3) shall be eligible if the total of all the
payrolls of the public entities in the pool exceeds the required minimum.

(II) Any public entity in the state that is participating in the federal prison
industry enhancement certification program pursuant to the federal Justice
System Improvement Act of 1979, 18 U.S.C. sec. 1761 (c), shall insure and keep
insured the payment of compensation by electing one of the methods provided in
subsection (1) of this section; except that the method for insuring the participants of
such program need not be the same method selected by the public entity pursuant
to subparagraph (I) of this paragraph (a).

(b) For purposes of this subsection (3), the department of human services, by
virtue of the self-insurance program established pursuant to section 8-44-203,
shall be considered a public entity of the state.

Legislative History

Source: L. 90: Entire article R&RE, p. 520, � 1, effective July 1. L. 94: (3)(b) amended, p. 2635, � 72, effective July 1. L. 2002: (1)(a) amended, p. 1884, � 33, effective July 1. L. 2010: (3)(a) amended, (HB 10-1109), ch. 171, p. 607, � 3, effective August 11.