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WC 43 form (Colorado): the workers' comp owner exemption

Rejection of Coverage (Notice of Election to Reject Workers’ Compensation Coverage). Who can file it, where to get it, how to file, the fee, when it takes effect, and how often it renews — from Colorado Division of Workers’ Compensation / workers’ compensation insurer.

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AT A GLANCE

WC 43 filing snapshot

FormWC 43 — Rejection of Coverage (Notice of Election to Reject Workers’ Compensation Coverage)

Issuing bodyColorado Division of Workers’ Compensation / workers’ compensation insurer

Filing methodComplete Form WC 43 and give it to the workers’ compensation insurer; if there is no insurer, file it with the Division (the individual’s signature must be notarized when filed with the Division). Since January 1, 2025 an owner with no employees can submit WC 43 through the Division’s online Rejection of Coverage service.

FeeNo separate filing fee verified

Common mistakeA corporate officer or LLC member must hold at least a 10% ownership interest to reject. The rejection is personal and does not remove the company’s duty to cover its employees; the rejecting owner gives up all Workers’ Compensation Act benefits and C.R.S. §8-41-401(3) may cap any recovery at $15,000. WC 43 now also covers construction sole proprietors and partners — the former WC 45 was discontinued.

When it takes effectThe next business day following receipt of the notice by the insurance carrier, or by the Division if there is no carrier (C.R.S. §8-41-202; 7 CCR 1101-3).

RenewalNo fixed renewal interval; the rejection continues until the owner/member files a revised election, or the entity obtains a policy covering that person.

Watch out forAn owner rejection is personal; it does not remove the company’s duty to cover employees.

Which Colorado owners can use the WC 43

Sole proprietorA working sole proprietor is not required to treat themself as an employee but may elect personal coverage by endorsement, whether or not the proprietor has other employees.

LLC memberAn LLC member owning at least 10% of the membership interest and controlling, supervising, or managing the business may reject personal workers' compensation coverage using the Division-approved written notice process. The rejection does not affect required coverage for employees.

PartnerA working general partner may elect to be included by endorsement as an employee of the insured business, whether or not the partnership employs anyone else. The owner election is separate from the partnership's duties toward employees.

Corporate officerA chairperson, president, vice-president, secretary, or treasurer who owns at least 10% of stock and controls, supervises, or manages business affairs may reject personal coverage under C.R.S. §8-41-202. Other officers/employees remain subject to ordinary coverage rules.

Employee threshold: Colorado generally requires public and private employers to provide workers' compensation when they employ one or more full- or part-time employees, subject to limited statutory exceptions. In construction: The cited general materials do not set a separate ordinary construction head-count threshold. Construction contractors should separately verify worker classification and project/licensing proof requirements; the general one-employee rule remains the starting point for covered employees.

Read the full context in the Colorado workers' comp exemption guide, or run the eligibility screener to check your entity type first.

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WC 43 form (Colorado): frequently asked questions

Where do I get the WC 43 form in Colorado?
The WC 43 (Rejection of Coverage (Notice of Election to Reject Workers’ Compensation Coverage)) is issued by Colorado Division of Workers’ Compensation / workers’ compensation insurer. Complete Form WC 43 and give it to the workers’ compensation insurer; if there is no insurer, file it with the Division (the individual’s signature must be notarized when filed with the Division). Since January 1, 2025 an owner with no employees can submit WC 43 through the Division’s online Rejection of Coverage service. Use the official link on this page rather than a third-party copy, which may be out of date.
Is there a fee to file the WC 43 in Colorado?
No separate filing fee has been verified for this form.
How often does the WC 43 exemption renew in Colorado?
No fixed renewal interval; the rejection continues until the owner/member files a revised election, or the entity obtains a policy covering that person. Watch out: An owner rejection is personal; it does not remove the company’s duty to cover employees.
OFFICIAL SOURCE

Where this comes from

The WC 43 entry is anchored to Colorado Division of Workers’ Compensation / workers’ compensation insurer — the state agency that issues and processes the form — not a generalized summary. Source-checked 2026-09-10.

Other state exemption forms