COCODE

8-43-102. Notice to employer of injury - notice to employees - failure to report.

Statute text

(1) (a) (I) Every employee who sustains an injury resulting from an accident shall notify the employee's employer in writing of the injury within ten days after the occurrence of the injury. If the employee is physically or mentally unable to provide the notice, the employee's foreman, superintendent, or manager or any other person in charge who has notice of the injury shall submit written notice of the injury to the employer. Any other person who has notice of the injury may submit a written notice to the person in charge or to the employer, and in that event the injured employee is relieved of the obligation to give the notice. Otherwise, if the employee fails to report the injury in writing, the employee may lose up to one day's compensation for each day's failure to report. If the employer fails to provide a copy of the employee's written notice pursuant to subsection (1)(a)(II) of this section, or if, at the time of the injury, the employer failed to display the notice specified in subsection (1)(b) of this section, the time period allotted to the employee is tolled for the duration of time that the employer fails to provide the written notice and display the notice. If the employer has actual notice of the injury or good cause is shown for the failure of the employee to report the injury in writing, there is no loss of compensation pursuant to this subsection (1) for the failure to report the injury.

(II) An employer who receives written notice of an injury pursuant to this subsection (1) shall affix the date and time of the receipt on the notice and shall make a copy of the notice affixed with the date and time of receipt available to the injured employee within seven days after receiving the notice. An employer is not subject to a penalty under articles 40 to 47 of this title 8 for failing to provide the injured employee a copy of the notice required by this subsection (1)(a)(II).

(b) Every employer shall display at all times in a prominent place on the workplace premises a printed card that is at least fourteen inches high and at least eleven inches wide, on which each letter is at least one-half inch in height, and that reads as follows:

NOTICE

IT IS AGAINST THE LAW FOR YOUR EMPLOYER TO HAVE A POLICY CONTRARY TO THE REPORTING REQUIREMENTS SET FORTH IN THE COLORADO WORKERS' COMPENSATION ACT. YOUR EMPLOYER IS INSURED THROUGH _____.

IF YOU ARE INJURED ON THE JOB, NOTIFY YOUR EMPLOYER AS SOON AS YOU ARE ABLE, AND REPORT YOUR INJURY TO YOUR EMPLOYER IN WRITING WITHIN 10 DAYS AFTER THE INJURY. IF YOU DO NOT REPORT YOUR INJURY PROMPTLY, YOU MAY STILL PURSUE A CLAIM.

ADVISE YOUR EMPLOYER IF YOU NEED MEDICAL TREATMENT. IF YOU OBTAIN MEDICAL CARE, BE SURE TO REPORT TO YOUR EMPLOYER AND HEALTH-CARE PROVIDER HOW, WHEN, AND WHERE THE INJURY OCCURRED.

YOU MAY FILE A WORKER'S CLAIM FOR COMPENSATION WITH THE DIVISION OF WORKERS' COMPENSATION. TO OBTAIN FORMS OR INFORMATION REGARDING THE WORKERS' COMPENSATION SYSTEM, THE CUSTOMER SERVICE CONTACT INFORMATION FOR THE DIVISION OF WORKERS' COMPENSATION IS __________.

(2) (a) (I) Every employee of an employer that has permission to be its own insurance carrier pursuant to section 8-44-201 or of an employer that participates in a public entity self-insurance pool pursuant to section 8-44-204 who sustains an injury resulting from an accident shall notify the employee's employer in writing of the injury within ten working days after the occurrence of the injury, unless the employer, or the employee's foreman, superintendent, or manager, has written notice of the injury. If the employee is physically or mentally unable to provide the notice, the employee's foreman, superintendent, or manager or any other person in charge who has written notice of the injury shall submit the written notice to the employer. If the employee fails to report the injury in writing, the employee may lose up to one day's compensation for each day's failure to report. Any other person who has notice of the injury may submit a written notice to the employer, which shall relieve the injured employee from reporting the accident. If the employer fails to provide a copy of the employee's written notice pursuant to subsection (2)(a)(II) of this section, or if, at the time of the injury, the employer failed to display the notice specified in subsection (2)(b) of this section, the time period allotted to the employee is tolled for the duration of time that the employer fails to provide the written notice and display the notice. If the employer has actual notice of the injury or good cause is shown for the failure of the employee to report the injury in writing, there is no loss of compensation pursuant to this subsection (2) for the failure to report the injury.

(II) An employer who receives written notice of an injury pursuant to this subsection (2) shall affix the date and time of the receipt on the notice and shall make a copy of the notice affixed with the date and time of receipt available to the injured employee within seven days after receiving the notice. An employer is not subject to a penalty under articles 40 to 47 of this title 8 for failing to provide the injured employee a copy of the notice required by this subsection (2)(a)(II).

(b) Every employer that has permission to be its own insurance carrier pursuant to section 8-44-201 or that participates in a public entity self-insurance pool pursuant to section 8-44-204 shall display at all times in a prominent place on the workplace premises a printed card that is at least fourteen inches high and at least eleven inches wide, on which each letter is at least one-half inch in height, and that reads as follows:

NOTICE

IF YOU ARE INJURED ON THE JOB, YOU HAVE RIGHTS UNDER THE COLORADO WORKERS' COMPENSATION ACT. YOUR EMPLOYER IS REQUIRED BY LAW TO HAVE WORKERS' COMPENSATION INSURANCE. THE COST OF THE INSURANCE IS PAID ENTIRELY BY YOUR EMPLOYER. IF YOUR EMPLOYER DOES NOT HAVE WORKERS' COMPENSATION INSURANCE, YOU STILL HAVE RIGHTS UNDER THE LAW.
IT IS AGAINST THE LAW FOR YOUR EMPLOYER TO HAVE A POLICY CONTRARY TO THE REPORTING REQUIREMENTS SET FORTH IN THE COLORADO WORKERS' COMPENSATION ACT. YOUR EMPLOYER IS INSURED THROUGH _____.
IF YOU ARE INJURED ON THE JOB, NOTIFY YOUR EMPLOYER AS SOON AS YOU ARE ABLE, AND REPORT YOUR INJURY TO YOUR EMPLOYER IN WRITING WITHIN 10 DAYS AFTER THE INJURY. IF YOU DO NOT REPORT YOUR INJURY PROMPTLY, YOU MAY STILL PURSUE A CLAIM.
ADVISE YOUR EMPLOYER IF YOU NEED MEDICAL TREATMENT. IF YOU OBTAIN MEDICAL CARE, BE SURE TO REPORT TO YOUR EMPLOYER AND HEALTH-CARE PROVIDER HOW, WHEN, AND WHERE THE INJURY OCCURRED.
YOU MAY FILE A WORKER'S CLAIM FOR COMPENSATION WITH THE DIVISION OF WORKERS' COMPENSATION. TO OBTAIN FORMS OR INFORMATION REGARDING THE WORKERS' COMPENSATION SYSTEM, THE CUSTOMER SERVICE CONTACT INFORMATION FOR THE DIVISION OF WORKERS' COMPENSATION IS __________.

(3) An employee affected by the contraction of an occupational disease or someone on behalf of the affected employee shall give written notice of the contraction of the occupational disease to the employer within thirty days after the first distinct manifestation of the disease. In the event of death from the occupational disease, written notice of the employee's death shall be given to the employer within thirty days after the death. If the employer of an employee who was last injuriously exposed to an occupational disease has actual knowledge of the contraction of the disease by the employee and of the employee's exposure to the conditions causing it, such actual knowledge is deemed notice of its contraction. If the employer does not have actual knowledge of the contraction of the disease, or if there is not good cause for the employee's failure to provide written notice within the time allotted by this subsection (3), the director may reduce the compensation that would otherwise have been payable in the manner and to the extent as the director deems just, reasonable, and proper under the existing circumstances, never to exceed one day's compensation for each day's failure to report.

History

Source: L. 90: Entire article R&RE, p. 499, 1, effective July 1; (1.5) added, p. 577, 1, effective July 1. L. 91: Entire section amended, p. 1314, 21, effective July 1. L. 99: (1)(b) and (1.5)(b) amended, p. 581, 3, effective July 1. L. 2022: Entire section amended, (HB 22-1112), ch. 48, p. 229, 1, effective August 10.

Annotations

Editor's note: This section is similar to former 8-45-102 as it existed prior to 1990.

Annotations

ANNOTATION

Annotations

Annotator's note. Since 8-43-102 is similar to 8-45-102 as it existed prior to the 1990 repeal and reenactment of the "Workers' Compensation Act of Colorado", articles 40 to 47 of this title, relevant cases construing that provision have been included in the annotations to this section.

An injury takes place when the claimant, as a reasonable man, should recognize the nature, seriousness, and probable compensable character of his injury. Crest Fence Co. v. Cec, 175 Colo. 21, 485 P.2d 709 (1971).

And to interpret this section so that a person who reasonably discovers his injury long after the accident and is entitled to compensation, is not entitled to his medical expenses is nearly absurd, and a defeat of the purpose of the act. Crest Fence Co. v. Cec, 175 Colo. 21, 485 P.2d 709 (1971).

Penalties for failure of an employee to report an accidental injury will be enforced unless the case comes within one of the exceptions contained in the section. Jabot v. Indus. Comm'n, 94 Colo. 424, 30 P.2d 871 (1934).

Verbal notice given to the superintendent of the company immediately after the accident is sufficient. Frank v. Indus. Comm'n, 96 Colo. 364, 43 P.2d 158 (1935).

Verbal notice to supervisor and company physician of pain and suffering caused by prolonged standing and lifting was sufficient notification to employer to require compliance with 8-53-102. Jones v. Adolph Coors Co., 689 P.2d 681 (Colo. App. 1984).

Combined investigatory and adjudicatory functions. Any order purporting to combine investigatory and adjudicatory functions in a single referee would raise serious questions of propriety. Thompson v. Indus. Comm'n, 33 Colo. App. 369, 520 P.2d 139 (1974).

Extrajudicial visit to claimant's home improper. Absent any authorization for such an investigation, the referee acted in excess of his powers when he made an extrajudicial visit to claimant's home. Thompson v. Indus. Comm'n, 33 Colo. App. 369, 520 P.2d 139 (1974).

Actual notice to contractor sufficient. This section does not require a claimant to give notice to landowners within two days from the time of the accident when the contractor in actual charge of a job on the landowners' property is the employer of the claimant at the time of the accident and remained the employer even though he had no insurance. Actual notice to the contractor is sufficient to comply with this section. Stewart v. Indus. Comm'n, 163 Colo. 12, 428 P.2d 367 (1967).

Time begins to run for filing notice claiming compensation when the claimant, as a reasonable man, should recognize the nature, seriousness and probable compensable character of his injury. Romero v. Indus. Comm'n, 632 P.2d 1052 (Colo. App. 1981).

And timing of penalty for failure to report injury. Penalties for failure to report an injury to an employer should only be assessed from the time the employee discovered, or should have discovered, the probable compensable character of the injury; penalties in such cases should not be assessed from the date of the accident. Romero v. Indus. Comm'n, 632 P.2d 1052 (Colo. App. 1981).

Since the imposition of penalties reduces the employer's liability for disability benefits, it is in the nature of an affirmative defense. Accordingly, the employer bears the initial burden of proving it did not receive written notice of an injury to an employee. Postlewait v. Midwest Barricade, 905 P.2d 21 (Colo. App. 1995).

Once an employer presents prima facie evidence that the claimant did not timely report an injury, the burden shifts to the claimant to rebut the prima facie showing. Postlewait v. Midwest Barricade, 905 P.2d 21 (Colo. App. 1995).

Oral notice to an employer of an industrial injury is insufficient and strict compliance with the writing requirement is necessary. Postlewait v. Midwest Barricade, 905 P.2d 21 (Colo. App. 1995).

Applied in Sommers v. Borgmann, 111 Colo. 552, 144 P.2d 554 (1943).