C.R.S. Section 8-43-103
Notice of injury

  • time limit

(1)

Notice of an injury, for which compensation and benefits are payable, shall be given by the employer to the division and insurance carrier, unless the employer is self-insured, within ten days after the injury, and, in case of the death of any employee resulting from any such injury or any accident in which three or more employees are injured, the employer shall give immediate notice thereof to the director. If no such notice is given by the employer, as required by articles 40 to 47 of this title, such notice may be given by any person. Any notice required to be filed by an injured employee or, if deceased, by said employee’s dependents may be made and filed by anyone on behalf of such claimant and shall be considered as done by such claimant if not specifically disclaimed or objected to by such claimant in writing filed with the division within a reasonable time. Such notice shall be in writing and upon forms prescribed by the division for that purpose and served upon the division by delivering to, or by mailing by registered mail two copies thereof addressed to, the division at its office in Denver, Colorado. Upon receipt of such notice from a claimant, the division shall immediately mail one copy thereof to said employer or said employer’s agent or insurance carrier.

(2)

The director and administrative law judges employed by the office of administrative courts shall have jurisdiction at all times to hear and determine and make findings and awards on all cases of injury for which compensation or benefits are provided by articles 40 to 47 of this title. Except in cases of disability or death resulting from exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or from poisoning by uranium or its compounds, or from asbestosis, silicosis, and anthracosis, the right to compensation and benefits provided by said articles shall be barred unless, within two years after the injury or after death resulting therefrom, a notice claiming compensation is filed with the division. This limitation shall not apply to any claimant to whom compensation has been paid or if it is established to the satisfaction of the director within three years after the injury or death that a reasonable excuse exists for the failure to file such notice claiming compensation and if the employer’s rights have not been prejudiced thereby, and the furnishing of medical, surgical, or hospital treatment by the employer shall not be considered payment of compensation or benefits within the meaning of this section; but, in all cases in which the employer has been given notice of an injury and fails, neglects, or refuses to report said injury to the division as required by the provisions of said articles, this statute of limitations shall not begin to run against the claim of the injured employee or said employee’s dependents in the event of death until the required report has been filed with the division.

(3)

In cases of disability or death resulting from exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or from poisoning by uranium or its compounds, or from asbestosis, silicosis, or anthracosis, the right to compensation and benefits shall be barred unless, within five years after the commencement of disability or death, a notice claiming compensation is filed with the division.

Source: Section 8-43-103 — Notice of injury - time limit, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑43‑101
Record of injuries - occupational disease - reported to division - rules - definition 8‑43‑102
Notice to employer of injury - notice to employees - failure to report 8‑43‑103
Notice of injury - time limit 8‑43‑104
Electronic filings - rules 8‑43‑201
Disputes arising under “Workers’ Compensation Act of Colorado” 8‑43‑202
Director may refer taking of evidence in cases to appropriate officials of other states 8‑43‑203
Notice concerning liability - notice to claimants - notice of rights and claims process - rules 8‑43‑204
Settlements - rules 8‑43‑205
Mediation 8‑43‑206
Settlement conference procedures 8‑43‑206.5
Right to binding arbitration for resolution of disputes under articles 40 to 47 8‑43‑207
Hearings 8‑43‑207.5
Prehearing conferences - rules - definition 8‑43‑208
Investigations 8‑43‑209
Time schedule for hearings - establishment 8‑43‑210
Evidence 8‑43‑211
Notice - request for hearing 8‑43‑212
Compulsion of testimony 8‑43‑213
Transcripts 8‑43‑214
Transcript certified - evidence 8‑43‑215
Orders 8‑43‑217
Claims management - legislative declaration 8‑43‑218
Authority of director 8‑43‑219
Not a limitation on rights or privileges 8‑43‑220
Injured worker exit survey 8‑43‑301
Petitions to review 8‑43‑302
Corrected orders 8‑43‑303
Reopening 8‑43‑304
Violations - penalty - offset for benefits obtained through fraud - rules 8‑43‑304.5
Penalties in rate-making 8‑43‑305
Each day separate offense 8‑43‑306
Collection of fines, penalties, and overpayments 8‑43‑307
Appeals to court of appeals 8‑43‑308
Causes for setting aside award 8‑43‑309
Actions in court tried within thirty days 8‑43‑310
Error disregarded unless prejudicial 8‑43‑311
Court record transmitted to industrial claim appeals office - when 8‑43‑312
Court may remand case or order entry of award 8‑43‑313
Summary review by supreme court 8‑43‑314
Fees - costs - duty of district attorneys and attorney general 8‑43‑315
Witnesses and testimony - mileage - fees - costs 8‑43‑316
Appearance by officer for closely held entity 8‑43‑317
Service of documents 8‑43‑318
Remand of case or order - time limit for further proceedings consistent with ruling on appeal 8‑43‑401
District attorney or attorney of division to act for director or office - penalties for failure of insurer to pay benefits 8‑43‑401.5
Financial incentives to deny or delay claim or medical care - prohibition - penalties 8‑43‑402
False statement - felony 8‑43‑403
Attorney fees 8‑43‑404
Examination - refusal - personal responsibility - physicians to testify and furnish results - injured worker right to select treating physicians - injured worker right to third-party communications - definitions - rules 8‑43‑405
Payment as discharge of liability - conflicting claims 8‑43‑406
Compensation in lump sum 8‑43‑407
Election to waive vocational rehabilitation benefits and become subject to permanent partial disability provisions 8‑43‑408
Default of employer - additional liability 8‑43‑409
Defaulting employers - penalties - enjoined from continuing business - fines - procedure - definition - repeal 8‑43‑410
Right to compensation operates as lien - interest on award 8‑43‑501
Utilization review process - legislative declaration - cash fund 8‑43‑502
Independent medical examinations 8‑43‑503
Utilization review of health-care providers 8‑43‑601
Short title 8‑43‑602
Legislative declaration 8‑43‑603
Definitions 8‑43‑604
Performance programs 8‑43‑605
Due process 8‑43‑606
Enforcement 8‑43‑607
Filing with director
Green check means up to date. Up to date

Current through Fall 2024

§ 8-43-103’s source at colorado​.gov