Colorado Revised Statutes

Colo. Rev. Stat. § 8-41-102 (2026)

Liability of employer complying

✓ current as of July 2026
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An employer who has complied with the provisions of articles 40 to 47 of this title, including the provisions relating to insurance, shall not be subject to the provisions of section 8-41-101; nor shall such employer or the insurance carrier, if any, insuring the employer's liability under said articles be subject to any other liability for the death of or personal injury to any employee, except as provided in said articles; and all causes of action, actions at law, suits in equity, proceedings, and statutory and common law rights and remedies for and on account of such death of or personal injury to any such employee and accruing to any person are abolished except as provided in said articles.

Source: L. 90: Entire article R&RE, p. 476, § 1, effective July 1.

Editor's note: This section is similar to former § 8-42-102 as it existed prior to 1990.

Notes of Decisions
Cited in 48 cases (5 in the last 5 years), 1977–2025 · leading case: Blood v. Qwest Servs. Corp., 224 P.3d 301 (Colo. Ct. App. 2009).
Blood v. Qwest Servs. Corp., 224 P.3d 301 (Colo. Ct. App. 2009). · cites it 9× “Qwest asserted affirmative defenses including, as relevant here, Blood's comparative negligence; exclusivity under the Colorado Workers' Compensation Act, section 8-41-102, C.R.S.2008 (WCA), as Blood's statutory employer; and the Premises Liability Act, section 13-21-115(5)(b),…”
Pizza Hut of Am., Inc. v. Keefe, 900 P.2d 97 (Colo. 1995). · cites it 36× “The trial court ruled that the damage claims were *99 barred by the exclusive remedy provision of the Colorado Workers' Compensation Act, section 8-41-102, 3B C.R.S. (1994 Supp.) (the "Act").”
Kevin Klabon v. Travelers Prop. Cas. Co. of Am.., 2024 CO 66 (Colo. 2024). · cites it 34× “After that, we address the certified question head-on, determining, as an initial matter, that section 8-41-102, C.R.S. (2024), rather than section 8-41-104 C.”
Vaughan v. McMinn, 945 P.2d 404 (Colo. 1997). · cites it 12× “We also note that sections 8-41-102 and 104, which explicitly delineate the common law torts abrogated by the Act, apply only to claims regarding the death or personal injury of the employee.”
v. Shelter Mut. Ins., 2021 CO 11 (Colo. 2021). · cites it 8× “¶16 As noted above, this case implicates the interplay between the UM/UIM statute, section 10-4-609, and the WCA, sections 8-41-102 and -104. Accordingly, we begin with the applicable statutory provisions.”
Kent Ryser v. Shelter Mut. Ins. Co., 480 P.3d 1286 (Colo. 2021). · cites it 9× “( 2020 ) , and the Workers' Compensation Act of Colorado ( "WCA" ) , sections 8-41-102 and - 104, C.R.S. ( 2020 ) .”
Krol v. CF & I Steel, 307 P.3d 1116 (Colo. Ct. App. 2013). · cites it 5× “See §§ 8-41-102, 8-41-104, 8-41-402(2), C.R.8.”
Serna v. Kingston Enter., 72 P.3d 376 (Colo. Ct. App. 2002). · cites it 6× “2002 (emphasis added); see also § 8-41-102, C.R.S.2002 (abolishing employee's remedies against employer for or on account on employee's "death" or "personal injury").”
Cowger v. Henderson Heavy Haul Trucking Inc., 179 P.3d 116 (Colo. Ct. App. 2007). · cites it 8× “2006; see also § 8-41-102, C.R.S.2006 (employer is not subject to any other liability except as provided in the Act).”
Evans v. Webster, 832 P.2d 951 (Colo. Ct. App. 1991). · cites it 7× “It reasoned that defendant was not a borrowing employer pursuant to the provision of the Workers’ Compensation Act now codified as § 8-41-102, C.R.S. (1990 Cum.Supp.), and thus, it concluded that plaintiff’s negligence action was not barred.”
Keefe v. Pizza Hut of Am., Inc., 868 P.2d 1092 (Colo. Ct. App. 1994). · cites it 18× “The Keefes contend that the trial court erred in ruling that their wrongful death claims were barred by § 8-41-102, C.R.S. (1992 Cum.Supp.), the exclusive remedy provision of the Workers' Compensation Act (Act).”
v. Shelter Mut. Ins., 2019 COA 88 (Colo. Ct. App. 2019). · cites it 6× “Shelter Mutual Insurance — Insurance — Motor Vehicles — Uninured/Underinsured; Workers’ Compensation — Coverage and Liability In this uninsured/underinsured motorist (UM/UIM) benefits case, a division of the court of appeals concludes that the exclusivity provision of the…”
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