C.R.S. Section 8-41-304
Last employer liable

  • exception

(1)

Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and suffered a substantial permanent aggravation thereof and the insurance carrier, if any, on the risk when such employee was last so exposed under such employer shall alone be liable therefor, without right to contribution from any prior employer or insurance carrier. In the case of silicosis, asbestosis, or anthracosis, the only employer and insurance carrier liable shall be the last employer in whose employment the employee was last exposed to harmful quantities of silicon dioxide (SiO
2
) dust, asbestos dust, or coal dust on each of at least sixty days or more and the insurance carrier, if any, on the risk when the employee was last so exposed under such employer.

(2)

In any case where an employee of an employer becomes disabled from silicosis, asbestosis, anthracosis, or poisoning or disease caused by exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or in the event death results from silicosis, asbestosis, anthracosis, or poisoning or disease caused by exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, and, if such employee has been injuriously exposed to such diseases while in the employ of another employer during the employee’s lifetime, the last employer or that employer’s insurance carrier, if any, shall be liable for compensation and medical benefits as provided by articles 40 to 47 of this title, including funeral expenses and death benefits.

Source: Section 8-41-304 — Last employer liable - exception, 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

§ 8-41-304’s source at colorado​.gov