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 44 - INSURANCE (§§ 8-44-101 — 8-44-206) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-116) › Section 8-44-101 - Insurance requirements

(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.
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 -1 10 9), ch. 171, p. 607, § 3, effective August 11.
This section is similar to former § 8-44-101 as it existed prior to 1990.