C.R.S. Section 8-41-103
Availability of common-law defenses


If an employer has complied with the provisions of articles 40 to 47 of this title, including the provisions thereof relating to insurance, and an action is brought against such employer or such employer’s insurance carrier to recover damages for personal injuries or death sustained by an employee who has elected not to come under said articles, such employer and such employer’s insurance carrier shall have all the defenses to the action which they would have had if said articles and part 2 of article 2 of this title had not been enacted.

Source: Section 8-41-103 — Availability of common-law defenses, 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

§ 8-41-103’s source at colorado​.gov