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Colorado Division of Workers' Compensation

Frequently Asked Questions - By Employers

 

 

As an employer, how do I know whether I have to carry workers' compensation insurance?

All public and private employers in Colorado, with limited exceptions, must provide workers' compensation coverage for their employees if one or more full or part-time persons are employed. A person hired to perform services for pay is presumed by law to be an employee. This includes all persons elected or appointed to public sector service and all persons appointed or hired by private employers for remuneration. There are a few exemptions to this definition.

 

How do I obtain insurance?

Workers' compensation insurance may be purchased from one of over two hundred private insurance companies authorized to conduct business in the State of Colorado. Coverage may be purchased from any authorized insurance company

 

 

Am I exempt from carrying workers’ compensation coverage if I’m an independent contractor?

Generally, an independent contractor is a person who contracts to complete a specific project for another business for a set price. The independent contractor must be: (1) free from control and direction over the means and method of performing work; and (2) customarily engaged in an independent trade, occupation, profession or business related to the work being performed. While a business and an independent contractor may help establish independence in a written document, the actual facts will determine whether a particular worker qualifies as an independent contractor. If the independent contractor has employees, workers' compensation insurance for the employees must be obtained.

 

 

Can my business be self-insured for workers’ compensation?

Colorado workers' compensation statutes allow employers, meeting strict financial and loss control standards, to self-insure this risk. Authorized by special permit, such workers' compensation obligations are paid directly from the earnings and assets of the employer. Permits to self-insure individual companies are obtained through the Division of Workers' Compensation. Employers applying for self-insurance must regularly employ 300 or more employees in Colorado or be a division or subsidiary of a parent company that has a minimum of $100,000,000 in assets.

 

 

All Applicable Rights Reserved, Copyright 2004 Colorado Department of Labor and Employment