According to the Colorado Workers' Compensation Act, an individual worker is an independent contractor, not an employee, if both of the following statements are true.
1. The individual is free from control and direction in the performance of the service (unless control is exercised under the requirement of any state or federal statute or regulation
2. The individual is customarily engaged in an independent trade, occupation, profession, or business related to the services performed.
The Colorado Workers' Compensation Act also outlines nine criteria (listed on page 2) to help determine whether or not the above statements are true. For an individual to be considered an independent contractor, they must meet only those criteria that are appropriate to the situation. The individual does not need to meet all of the nine criteria.
This Declaration of Independent Contractor Status Form documents the business relationship as defined in the Colorado Workers' Compensation Act. It is the responsibility of contracting parties to correctly and truthfully complete this form. If you do not understand this form, do not sign it.
Please make copies of this form as needed. You should complete this form only once for each independent contractor for the life of their services or until the business relationship changes.