Colorado Uninsured Employer Fund

Introduction

The Colorado Uninsured Employer (CUE) Fund exists to provide financial assistance to individuals injured while working for employers who did not carry workers’ compensation insurance.  

Am I eligible?

• The injury occurred on or after January 1, 2020.
• Injured while working as an employee for an uninsured employer.
• Have a final order from a judge finding that you are entitled to workers’ compensation benefits. 
• Check the Workers Compensation Coverage Verification form to find out if your employer has insurance.
• Not eligible for CUE Fund benefits? Visit our Injured Workers page to learn more. 

How do I apply to the CUE Fund?

• File a Worker's Claim for Compensation with the Division of Workers’ Compensation.
• Attend a workers’ compensation hearing and be awarded benefits.
• File an Application to the Colorado Uninsured Employer Fund.

What information will I need to apply?

• Workers’ compensation number
• Contact information
• Date of birth
• Employer name, address, and contact information
• Medical information related to the injury (For example: bills, doctor contact info) 

What happens if my application is accepted?

• A claims adjuster will contact you to discuss your claim.
• You may be assigned a new doctor.
• You will be told what benefits the CUE Fund will pay.
• Your employer will still owe you any benefits not paid by the CUE Fund.
• You will need to fill out and submit the WC204 form for the continuation of CUE Fund benefits each year by April 1 to continue receiving benefits in the next fiscal year (July 1 - June 30).

What if I have questions?

Call us at 303-318-8700 or email cdle_workers_compensation@state.co.us.

Apply to the CUE Fund

Current benefit level

An independent board oversees the CUE Fund. Each year, the board issues an annual report that sets benefit levels. You may view the most recent CUE Fund report. 

Additional Resources
 

FAQs

I was injured on the job and my employer doesn’t have workers’ compensation insurance. How do I get help from the CUE Fund and how long does it take?
Answer: To apply for the CUE Fund, you must first have obtained a judge’s order saying that the claim qualifies for workers’ compensation coverage and that there is no insurance. Once you have that, you can file an Application to the Colorado Uninsured Employer Fund, which will be reviewed by the Colorado Uninsured Employer Board. There is no deadline for applying to the CUE Fund after you obtain the judge’s order.

After acceptance to the fund, what benefits can I expect?
Answer: The CUE Fund pays medical benefits first. If there’s enough money in the fund, other benefits may be paid. You can find the current funding in the CUE Funding Memo Fiscal Year 2023-2024 document.  

After acceptance to the fund, is there anything I need to do to continue receiving benefits?
Answer: Yes, you will need to complete and submit the WC204 form for the continuation of CUE Fund benefits each year by April 1 in order to receive benefits for the following fiscal year (July 1 - June 30).

What happens if the CUE Fund runs out of money?  
Answer: If the CUE Fund runs out of money, it will be closed to new applicants. If your claim is denied because the Fund is closed, you can reapply once it reopens. In some cases, benefits being paid to people already admitted to the Fund may be terminated. Regardless, your employer will always owe you the full amount of workers’ compensation benefits you’re entitled to under the law. 

Will I get a list of physicians to choose to treat with? Whom should I treat with prior to getting into the CUE Fund? 
After acceptance into the Fund, our TPA will issue you a new designated provider list. The CUE Fund will only pay for treatment provided by these physicians.   

Does the fund pay for my initial ER visit?  What should I do with the bills I have right now?  I’m being threatened with bill collection, what should I do? 
The CUE Fund will pay all reasonable and necessary, unpaid, past-due medical bills upon acceptance into the Fund. Please keep any receipts and bills that were paid toward your claim. 

Will the CUE Fund cover me if my claim was denied by my company’s workers’ compensation insurance company or if I am an independent contractor?
Claimants who wish to apply to the CUE Fund must meet the following criteria:

• Been an employee of an employer that did not have workers’ compensation insurance
• No other company’s workers’ compensation insurance applies
• Obtain a judge’s order finding that they qualify for workers’ compensation benefits

If you worked for an employer that did not have workers’ compensation insurance but was contracted to another company that did have coverage, you might be able to obtain benefits from the other company’s insurance. 

Provider questions:

Who should I bill for care prior to acceptance into the CUE Fund? 
Prior to acceptance into the Fund, the claim is treated just like any other workers’ compensation claim.  If the claim has been admitted or adjudicated compensable, the employer is responsible for all reasonable and necessary medical treatment.   

Can I bill the claimant? 
Once a claim has been deemed compensable, the claimant cannot be billed for medical treatment, even if the employer cannot or will not pay for treatment. 

Is there anything I can do to help the claimant?
Please encourage claimants to contact the Division of Workers’ Compensation’s Customer Service Unit at 303-318-8700 or cdle_workers_compensation@state.co.us.

Next Board Meeting

There are no meetings scheduled at this time. 

CUE Board Members

Board Member	Term
Jason Wardrip Labor Representative	9/20/24 – 9/1/27
Shelley Phelps Dodge, JD Claimant Attorney Representative	9/1/23 – 9/1/26
Lindsay Erskine Insurance Representative	9/1/23 – 9/1/26
Roger Allen Hays Employer Representative	9/1/22 – 9/1/25
Paul Tauriello Director, Division of Workers’ Compensation	Permanent
John Lizza First Assistant Attorney General Colorado Department of Law State Services Section Office of the Attorney General	Legal advice

Brochures

• Colorado Uninsured Employer Fund
• Fondo Para Empleadores No Asegurados de Colorado