C.R.S. Section 8-43-408
Default of employer

  • additional liability

(1)

If an employer is subject to articles 40 to 47 of this title 8 and, at the time of an injury, has not complied with the insurance provisions of those articles or has allowed the required insurance to terminate, or has not effected a renewal thereof, the employee, if injured, or, if killed, the employee’s dependents may claim the compensation and benefits provided in those articles.

(2)

In all cases where compensation is awarded under the terms of this section, the director or an administrative law judge of the division shall compute and require the employer to pay to a trustee designated by the director or administrative law judge an amount equal to the present value of all unpaid compensation or benefits computed at the rate of four percent per annum; or, in lieu thereof, such employer, within ten days after the date of such order, shall file a bond with the director or administrative law judge signed by two or more responsible sureties to be approved by the director or by some surety company authorized to do business within the state of Colorado. The bond shall be in such form and amount as prescribed and fixed by the director and shall guarantee the payment of the compensation or benefits as awarded. The filing of any appeal, including a petition for review, shall not relieve the employer of the obligation under this subsection (2) to pay the designated sum to a trustee or to file a bond with the director or administrative law judge.

(3)

A certified copy of any award of the director, administrative law judge, or panel ordering the payment of compensation entered in such case may be filed with the clerk of the district court of any county in this state at any time after the order of the administrative law judge awarding compensation, and the same shall be recorded by said clerk in the judgment book of said court and entry thereof made in the judgment docket, and it shall thenceforth have all the effect of a judgment of the district court, and execution may issue thereon out of said court as in other cases. Upon the reversal, setting aside, modification, or vacation of said order or award and upon payment to the trustee or furnishing of bond in accordance with the terms of this section, then, upon certification thereof by the director, administrative law judge, or panel, said record in the judgment book and the entry in the judgment docket shall be vacated, and any execution thereon shall be recalled.

(4)

Any employer who fails to comply with a lawful order or judgment issued pursuant to subsection (2) or (3) of this section is liable to the employee, if injured, or, if killed, said employee’s dependents, in addition to the amount in the order or judgment, for an amount equal to fifty percent of such order or judgment or one thousand dollars, whichever is greater, plus reasonable attorney fees incurred after entry of a judgment or order.

(5)

In addition to any compensation paid or ordered in accordance with this section or articles 40 to 47 of this title 8, an employer who is not in compliance with the insurance provisions of those articles at the time an employee suffers a compensable injury or occupational disease shall pay an amount equal to twenty-five percent of the compensation or benefits to which the employee is entitled to the Colorado uninsured employer fund created in section 8-67-105.

(6)

An employer who fails to comply with a lawful order or judgment issued pursuant to subsection (2) or (3) of this section shall be ordered to pay an amount equal to twenty-five percent of the compensation or benefits to which the employee is entitled to the Colorado uninsured employer fund created in section 8-67-105 in addition to any other amount ordered pursuant to this section or articles 40 to 47 of this title 8.

Source: Section 8-43-408 — Default of employer - additional liability, 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

§ 8-43-408’s source at colorado​.gov