Workers compensation policy information for the State of Colorado



Related Pages: More About Colorado Rules

State: Colorado

Updated: 02-25-2018

Authority/State Rating Bureau: NCCI

National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362
800-622-4123

Compulsory: Yes

Private Insurance: Allowed

Self-Insurance: Allowed

State Fund: There is no 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 otherwise known as the assigned risk plan is provided by the non-exclusive, or competitive, state fund.

Assigned Risk Contact Information: Pinnacol – Colorado Assigned Risk Market ; Use this link to contact the Assigned Risk Plan, Pool or Residual Market Administrator for Colorado.

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.

Small Deductible Program Details:
Allowed: Yes – Mandatory that insurance carriers make available
Deductible Range: $500 – $5,000
Type: Medical and Indemnity
Effect on Experience Rating: Net
Available In: Voluntary Markets
For More Information About How Deductible Programs Work

Sole Proprietor: Excluded from coverage/may elect to be included. If included the rating payroll used is $47,300 per year as of 1-1-2012, $48,500 as of 1-1-2013, $50,000 as of 1-1-2014, $50,400 as of 1-1-2015, $52,300 as of 1-1-2016. $53,700 as of 1-1-2017. $54,200 as of 1-1-2018.

Partners: Excluded from coverage/may elect to be included – Treated as sole proprietor. If included the rating payroll used is $47,300 per year as of 1-1-2012, $48,500 as of 1-1-2013, $50,000 as of 1-1-2014, $50,400 as of 1-1-2015, $52,300 as of 1-1-2016. $53,700 as of 1-1-2017. $54,200 as of 1-1-2018.

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 $47,300 per year as of 1-1-2012, $48,500 as of 1-1-2013, $50,000 as of 1-1-2014, $50,400 as of 1-1-2015, $52,300 as of 1-1-2016. $53,700 as of 1-1-2017. $54,200 as of 1-1-2018.

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 $47,300 per year as of 1-1-2012, $48,500 as of 1-1-2013, $50,000 as of 1-1-2014, $50,400 as of 1-1-2015, $52,300 as of 1-1-2016. $53,700 as of 1-1-2017. $54,200 as of 1-1-2018.

Use this link to access: Colorado State Exclusion and Inclusion Forms Once on the State webpage simply go to the Forms section and look for Insurance Coverage and Certification to find the forms.

Notes About Forms: Be sure to check with your insurance company for additional forms they may use for inclusion and exclusion.


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

Experience Rating Eligibility: Employers in Colorado become eligible for an experience modification rate or EMR when they meet one of these triggers:

  • $8,000 in policy premium is generated during the last year or last two years.
  • $4,000 is the average policy premium generated for more than two years.

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 – Look Up Code 8-41-203 – Workers Compensation Subrogation

 
Colorado Workers In Other States; Other States Workers 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:
    • Allowed: No
  • Specific Statute or Reference: Colorado Statute – Look Up Code 8. 41.204
  • For More Information Contact: Colorado Division of Workers Compensation Coverage Enforcement Unit 303-318-8639




Regulated By: Colorado Department of Workers Compensation

Department of Insurance
1515 Arapahoe Street – Tower 2, Suite 500
Denver, CO 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, Suite 850
Denver, CO 80202
303-894-7499
http://www.dora.state.co.us/insurance

Workers compensation statute can be found here: Use this link to access Colorado statutes. Navigate to Labor and Industries, article 40 to 55:

Colorado Workers Compensation Statute

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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. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. 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.
 

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