2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 1 - NOTICES AND REPORTS (§§ 8-43-101 — 8-43-104) › Section 8-43-101 - Record of injuries - occupational disease - reported to division - rules - definition

(1)
(a)
Every employer shall keep a record of: All employee injuries that result in fatality, permanent physical impairment, lost time from work in excess of three shifts or calendar days, or active medical treatment for a period of more than one hundred eighty calendar days after the date the injury was first reported to the employer; and the contraction by an employee of an occupational disease that has been listed by the director by rule. Within ten days after notice or knowledge that an employee has contracted such an occupational disease, an injury that results in permanent physical impairment, a lost-time injury, or an injury that results in active medical treatment for a period of more than one hundred eighty calendar days after the date the injury was first reported to the employer, or immediately in the case of a fatality, the employer shall, upon forms prescribed by the division for that purpose, report to the division said occupational disease, permanently physically impairing injury, lost-time injury, injury requiring active medical treatment for a period of more than one hundred eighty calendar days after the date the injury was first reported to the employer, or fatality. The report must contain the information required by the director.
(b)
As used in this subsection (1), "active medical treatment":
(I)
Means treatment that is determined by an authorized treating physician to be reasonably necessary to cure and relieve the injury and that requires ongoing supervision by an authorized treating physician as documented by a written medical report;
(II)
Does not include treatment that is not reasonably expected to improve the condition or any treatment that does not require the supervision of a licensed physician, including gym or pool memberships or home exercise programs; and
(III)
Terminates when there has been an abandonment of care or discharge from care for noncompliance prior to expiration of the one-hundred-eighty-day period set forth in subsection (1)(a) of this section.
(2)
Unless exempted by the director pursuant to rule because of a small number of filings or a showing of financial hardship, beginning July 1, 2006, reports submitted pursuant to this section shall be submitted in an electronic format as determined by the director. Exposure to an injurious substance as defined by the director by rule and injuries to employees that result in no more than three days' or three shifts' loss of time from work, or no permanent physical impairment, or no fatality to the employee shall be reported by the employer only to the insurer of said employer's workers' compensation insurance liability, which injuries and exposure the insurer shall report only by monthly summary form to or as otherwise requested by the division.
Amended by 2022 Ch. 477,§4, eff. 8/10/2022.
L. 90: Entire article R&RE, p. 499, § 1, effective July 1. L. 2005: Entire section amended, p. 200, § 3, effective July 1. L. 2006: (2) amended, p. 1489, § 5, effective June 1.
This section is similar to former § 8-45-101 as it existed prior to 1990.
2022 Ch. 477, was passed without a safety clause. See Colo. Const. art. V, § 1(3).