C.R.S. Section 8-41-212
Exemptions

  • laws of other state furnish exclusive remedy
  • definitions

(1)

An employee who was hired or is regularly employed outside of Colorado by an out-of-state employer and the out-of-state employer of the employee are exempt from articles 40 to 47 of this title 8 while the employee is temporarily working for the out-of-state employer within Colorado if:

(a)

The out-of-state employer has furnished coverage pursuant to the workers’ compensation laws of the state in which the employee was hired or is regularly employed, which coverage applies to the employee while temporarily working in Colorado; and

(b)

The state in which the employee is furnished coverage:

(I)

Is contiguous to Colorado; and

(II)

Recognizes this section and provides the same exemption from the application of its workers’ compensation laws for Colorado employers whose employees are temporarily working in the contiguous state.

(2)

For an out-of-state employee and out-of-state employer to which this section applies, the benefits provided under the workers’ compensation laws of the state in which the employee is furnished coverage are the exclusive remedy against the out-of-state employer for any injury, whether resulting in death or not, that the employee incurs while working for the out-of-state employer in Colorado.

(3)

The division may enter into an agreement with any workers’ compensation division or similar agency of a contiguous state to promulgate rules consistent with this section to carry out the extraterritorial application of the workers’ compensation or similar law of the agreeing state.

(4)

Nothing in this section contravenes the legal obligations of Colorado employers to provide workers’ compensation to their employees in compliance with articles 40 to 47 of this title 8.

(5)

As used in this section:

(a)

“Out-of-state employer” means an employer that is domiciled in another state.

(b)

“Temporarily” or “temporarily working” means:

(I)

A period of sustained work that does not exceed six months; or

(II)

Engaging in the interstate movement of goods or commodities.

Source: Section 8-41-212 — Exemptions - laws of other state furnish exclusive remedy - definitions, 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

§ 8-41-212’s source at colorado​.gov