Colorado § 8-44-108 Repayments for misclassifications

Colorado Statutes

§ 8-44-108 — Repayments for misclassifications

Colorado § 8-44-108

Title 08Labor and

Art.Insurance

This text of Colorado § 8-44-108 (Repayments for misclassifications) 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. § 8-44-108 (2026).

Text

(1)Every insurance carrier authorized to transact business in this state, including Pinnacol Assurance, which insures employers against liability for compensation under the provisions of articles 40 to 47 of this title, is authorized to charge and collect any amount of money that should have been included in premiums paid by an insured but were not included in such premiums as a result of job misclassification. Upon written request by the employer, the issue of whether a job misclassification occurred shall be determined in writing by the insurance company. The employer's request shall be made within thirty working days after the anniversary date of the policy or the date of receipt by the employer of notice of a change in job classification. The insurance company's determinatio

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(1) Every insurance carrier
authorized to transact business in this state, including Pinnacol Assurance, which
insures employers against liability for compensation under the provisions of articles
40 to 47 of this title, is authorized to charge and collect any amount of money that
should have been included in premiums paid by an insured but were not included in
such premiums as a result of job misclassification. Upon written request by the
employer, the issue of whether a job misclassification occurred shall be determined
in writing by the insurance company. The employer's request shall be made within
thirty working days after the anniversary date of the policy or the date of receipt by
the employer of notice of a change in job classification. The insurance company's
determination shall be made within thirty days after receipt of the employer's
written request. An employer may appeal any determination of an insurance
company made pursuant to this subsection (1) to the workers' compensation
classification appeals board, pursuant to section 8-55-102. If it is determined that a
job misclassification occurred and that such misclassification was caused by the
failure of the insured to provide accurate or complete data in order to determine the
proper classification as requested by the insurance carrier, the repayment may be
collected during the term of the contract for such insurance plus an additional
reasonable time not to exceed twelve months.

(2) Any employer who has purchased insurance against liability for
compensation under the provisions of articles 40 to 47 of this title is authorized to
recover any amount of money which should not have been included in premiums
paid by the employer but which were included in such premiums as a result of job
misclassification. The repayment may be collected during the term of the contract
for such insurance plus an additional reasonable time not to exceed twelve months.

Legislative History

Source: L. 90: Entire article R&RE, p. 522, � 1, effective July 1. L. 96: (1) amended, p. 1143, � 2, effective October 1. L. 2002: (1) amended, p. 1885, � 37, effective July 1.