Exemptions - laws of other state furnish exclusive remedy - definitions.

  1. Law
  2. Colorado Revised Statutes
  3. Labor And Industry
  4. Coverage and Liability
  5. Exemptions - laws of other state furnish exclusive remedy - definitions.

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(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:

  1. Is contiguous to Colorado; and

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

  1. 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.

  2. The division may enter into an agreement with any workers' compensation divisionor 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.

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

  4. As used in this section:

  1. "Out-of-state employer" means an employer that is domiciled in another state.

  2. "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: L. 2018: Entire section added, (HB 18-1308), ch. 182, p. 1235, § 1, effective April 30.


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