Non-Insured

An employer who does not have workers’ compensation insurance is called a non-insured employer.  Non-insured employers will automatically be penalized for failure to insure.  If a claimant successfully takes their case to hearing, a non-insured employer will have to pay them an additional 50% of their temporary total disability or permanent partial disability benefits simply because it is uninsured.  The Director of the Division of Workers’ compensation may seek to put the employer out of business if it does not obtain insurance.  If the employer fails to pay an award in their favor granted by an Administrative Law Judge, the uninsured employer may have to also pay a 50% penalty of the amount of the order plus reasonable attorney’s fees after entry of the order.  (Sections 8-43-408 and 8-43-409, C.R.S.).