To receive workers’ compensation benefits, a claimant must qualify as an employee under the Workers’ Compensation Act.  Generally speaking, a claimant is an employee of the employer if they are working in a trade, occupation, job, position, or process of manufacturing where they give a benefit to the employer.  Certain types of volunteers, public officials, and trainees may also qualify as employees.  It should be remembered that, in certain cases, a claimant can be an employee but not have a compensable claim.  For example, if a claimant is engaging in voluntary recreational activity promoted by his employer, they may not receive benefits if injured.  Inmates of department of corrections facilities or city and county jails are excluded from receiving benefits, as are ski patrol persons, volunteer ski instructors, and other types of workers.  A claimant is not an employee if they are truly an independent contractor, which is discussed elsewhere in this Glossary.  (Sections 8-40-201(6), 8-40-202, 8-40-301, C.R.S.).

Cairns & Associates, P.C.

3900 E. Mexico Avenue
Suite 300
Denver, CO 80210

Phone (303) 481-6345
Fax (866) 277-0355

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