C.R.S. Section 8-41-101
Assumption of risk

  • negligence of employee or fellow servant

(1)

In an action to recover damages for a personal injury sustained by an employee while engaged in the line of duty, or for death resulting from personal injuries so sustained, in which recovery is sought upon the ground of want of ordinary care of the employer, or of the officer, agent, or servant of the employer, it shall not be a defense:

(a)

That the employee, either expressly or impliedly, assumed the risk of the hazard complained of as due to the employer’s negligence;

(b)

That the injury or death was caused, in whole or in part, by the want of ordinary care of a fellow servant;

(c)

That the injury or death was caused, in whole or in part, by the want of ordinary care of the injured employee where such want of care was not willful.

Source: Section 8-41-101 — Assumption of risk - negligence of employee or fellow servant, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑41‑101
Assumption of risk - negligence of employee or fellow servant 8‑41‑102
Liability of employer complying 8‑41‑103
Availability of common-law defenses 8‑41‑104
Acceptance as surrender of other remedies 8‑41‑201
Not applicable to common carriers 8‑41‑202
Rejection of coverage by corporate officers and others 8‑41‑203
Negligence of stranger - remedies - subrogation - actions - compromise 8‑41‑204
Injury outside of state - benefits in accordance with state law 8‑41‑205
Waiver of compensation by employee - approval required - exception 8‑41‑206
Disability beginning five years after injury 8‑41‑207
Death after two years 8‑41‑208
Coverage for job-related exposure to or contraction of hepatitis C 8‑41‑209
Coverage for occupational diseases contracted by firefighters 8‑41‑210
Coverage for property tax work-off program participants 8‑41‑211
Transportation network company drivers - rules 8‑41‑212
Exemptions - laws of other state furnish exclusive remedy - definitions 8‑41‑301
Conditions of recovery - definitions 8‑41‑302
Scope of terms - “accident” - “injury” - “occupational disease” 8‑41‑303
Loaning employer liable for compensation 8‑41‑304
Last employer liable - exception 8‑41‑401
Lessor contractor-out deemed employer - liability - recovery 8‑41‑402
Repairs to real property - exception for liability of occupant of residential real property 8‑41‑403
Exemption of certain lessors of real property 8‑41‑404
Construction work - proof of coverage required - violation - penalty - definitions 8‑41‑501
Persons presumed wholly dependent 8‑41‑502
Other dependents - temporary dependency 8‑41‑503
Dependency and extent determined - how 8‑41‑504
Action by injured employee - dependents not parties in interest 8‑41‑505
Minor children
Green check means up to date. Up to date

Current through Fall 2024

§ 8-41-101’s source at colorado​.gov