C.R.S. Section 8-41-202
Rejection of coverage by corporate officers and others

(1)

Notwithstanding any provisions of articles 40 to 47 of this title to the contrary, a corporate officer of a corporation or a member of a limited liability company may elect to reject the provisions of articles 40 to 47 of this title. If so elected, said corporate officer or member shall provide written notice on a form approved by the division through a rule promulgated by the director of such election to the worker’s compensation insurer of the employing corporation or company, if any, by certified mail. If there is no workers’ compensation insurance company, the notice shall be provided to the division by certified mail. Such notice shall become effective the day following receipt of said notice by the insurer or the division.

(2)

A corporate officer’s or member’s election to reject the provisions of articles 40 to 47 of this title shall continue in effect so long as the corporation’s or company’s insurance policy is in effect or until said officer or member, by written notice to the insurer, revokes the election to reject said provisions.

(3)

Nothing in this section shall be construed to limit the responsibility of corporations or limited liability companies to provide coverage for their employees as required under articles 40 to 47 of this title. An election to reject coverage pursuant to this section may not be made a condition of employment.

(4)

For the purposes of this section:

(a)

“Corporate officer” means the chairperson of the board, president, vice-president, secretary, or treasurer who is an owner of at least ten percent of the stock of the corporation and who controls, supervises, or manages the business affairs of the corporation, as attested to by the secretary of the corporation at the time of the election.

(b)

“Member” means an owner of at least ten percent of the membership interest of the limited liability company at all times and who controls, supervises, or manages the business affairs of the limited liability company.

Source: Section 8-41-202 — Rejection of coverage by corporate officers and others, 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

§ 8-41-202’s source at colorado​.gov