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.  

CUE Fund Eligibility

Conditions for eligibility include:

• The injury occurred on or after January 1, 2020.
• You were injured while working as an employee for an uninsured employer.
• You 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. If you aren't eligible for CUE Fund benefits, visit our Injured Workers page for general information on claims and benefits. 

Applying to the CUE Fund

General steps for applying to the CUE Fund include:

• 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.

You will need the following information to apply:

• Workers’ compensation number
• Contact information
• Date of birth
• Employer name, address, and contact information
• Medical information related to the injury, such as bills, the doctor's contact information, etc

Acceptance to the CUE Fund

If your application is accepted, you can expect the following:

• 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).

Contact Us with Questions

Call the Customer Service team at 303-318-8700 or email questions to cdle_workers_compensation@state.co.us if you need help with the CUE Fund, or with the workers' compensation process in general.

Apply to the CUE Fund

Next CUE Fund Board Meeting

There is no CUE Fund Board Meeting scheduled at this time. 

Benefit Levels

An independent board oversees the CUE Fund and issues an annual funding memo that sets benefit levels. The benefits available to a worker will depend on the specific benefit levels in place on the date that their injury occurred. Each funding memo is effective from July 1 to June 30 of the following year. For example, the 2025-2026 CUE Funding Memo is effective from July 1, 2025, to June 30, 2026, and will apply to any injuries that occur during that timeframe. The 2026-2027 CUE Funding Memo is now available and will apply to any injuries that occur from July 1, 2026, to June 30, 2027.

Frequently Asked Questions

General FAQ

How do I get help from the CUE Fund and how long does it take?
Answer: To apply for the CUE Fund, an injured worker must:

• Obtain an order from an Administrative Law Judge (ALJ) finding that the claim was compensable and uninsured.
• Send notice of the hearing to the CUE Fund or its representatives. Applications without notice to the CUE Fund may be rejected.

Once they have that, they can file an Application to the Colorado Uninsured Employer Fund, which will be reviewed by the Colorado Uninsured Employer Board. They have 90 days from the date of the final order in your claim to apply. A final order means the last order that was issued in the claim that was not appealed.

After acceptance to the fund, what benefits can I expected?
Answer: The CUE Fund pays medical benefits first. If there’s enough money in the fund, other benefits may be paid. The benefits available to a worker will depend on the specific benefit levels in place on the date that their injury occurred. Please review the appropriate funding memo for the date of injury.

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. 

What doctor should I go to prior to getting into the CUE Fund? After I'm in the Fund, will I get a list of physicians I can choose to treat with?
If your employer gave you a list of medical providers to choose from when you were hurt, you need to select one of the doctors from that list. If your employer didn't give you a list, you can choose your own medical provider to treat you. If you are accepted into the CUE Fund, you will probably stay with the medical provider you chose, but the Fund has the right to send you to a different doctor.  

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. 

Attorney FAQ

What is the CUE fund?
The Colorado Uninsured Employers (CUE) Fund was established to help workers who were injured while working for employers that were uninsured at the time of their injury. For claimants who enter the fund, their benefits, including medical treatment and lost wages, may be paid, helping them get back on their feet and return to work.  

What are the requirements for a claimant to apply to the CUE Fund?

• An order from an Administrative Law Judge (ALJ) finding that the claim was compensable and uninsured.
• Notice of the hearing must have been sent to the CUE Fund or its representatives. Applications without notice to the CUE Fund may be rejected.

Can the parties stipulate to compensability and/or the employer’s lack of insurance?
No. The ALJ must make findings of fact based on the evidence presented at a hearing. The CUE Board may refuse to accept an application to the CUE Fund if the order is based on stipulations on those key issues.

Are summary ALJ orders acceptable?

No. The CUE Board may reject an application to the CUE Fund unless a full Findings of Fact, Conclusions, and Order are issued. If you receive a summary order, you should request a full order within the time period listed for doing so.

To get into the CUE Fund, what are my responsibilities relating to statutory employers?
All reasonable efforts must be made to determine whether there is an insured statutory employer and proceed against that employer and its insurer. If the CUE Board determines that a potential statutory employer was not brought into the case, the CUE Board may deny an application to the CUE Fund. 

Does the CUE Fund represent the uninsured employer?
The CUE Fund does not represent and has no affiliation with an uninsured employer. The CUE Fund does not have employment records, wage data, or any other information relating to the claimant’s employment. Although the CUE Fund may intervene in a case through its attorney, the Fund has its own independent interests. Employers should obtain their own attorney for representation.

We are trying to settle the claim prior to the hearing. Will CUE pitch in additional funds?
No, prior to the claim being admitted into the fund, the CUE fund is unable to provide any additional funds towards settlement. Even after the claim is admitted into the fund and the claim is settled, the CUE fund will attempt to recover any costs from the uninsured employer.

What benefits does the CUE fund pay?
The CUE fund pays benefits based on a yearly funding level set by the board. The funding memo determines the level of benefits that will be paid for that fiscal year. If a level is not provided, it will not be retroactively paid if benefits are expanded later on, except for medical benefits. The levels are (1) medical benefits, (2) funeral benefits, (3) temporary disability, (4) death benefits, (5) permanent total disability, (6) permanent partial disability, and (7) disfigurement. See our website for current funding levels.

What happens after I get into the fund?
The CUE fund will pay for any benefits that are due, so long as that level of funding was open when the benefits became due. As the claim progresses, the fund will act as a carrier and may request IME evaluations, contest benefits, request a DIME, or settle the claim. At the same time, the fund will seek reimbursement for expenses from the uninsured employer.
A yearly recertification is required from all claimants enrolled in the fund.

Will the CUE Fund pay for Medicaid liens or penalties issued against the employer?
No. If Medicaid has paid for medical treatment and issued a lien against the employer, the employer is responsible for repaying those funds to Medicaid. Likewise, if the employer was issued a penalty by an ALJ or the Director of the Division of Workers’ Compensation, the employer must pay that penalty itself, even if a portion of it is payable to the claimant. The CUE Fund can only pay benefits to the injured worker and is not responsible for any other kinds of payments owed by the employer.

Provider FAQ

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 email cdle_workers_compensation@state.co.us.

Additional Resources

Previous CUE Funding Memo

• 2025-2026 CUE Funding Memo
• 2024-2025 CUE Funding Memo
• 2023-2024 CUE Funding Memo
• 2022-2023 CUE Funding Memo
• 2021-2022 CUE Funding Memo
• 2020-2021 CUE Funding Memo
• 2019-2020 CUE Funding Memo

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 Rowan Insurance Representative	9/1/23 – 9/1/26
David Loomis Employer Representative	8/15/25 – 9/1/28 (First term)
Paul Tauriello Director, Division of Workers’ Compensation	Permanent
Krista Maher 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

CUE Board Meeting Minutes

• 2026 Colorado Uninsured Employer Fund Board Meeting Minutes
• 2025 Colorado Uninsured Employer Fund Board Meeting Minutes
• 2024 Colorado Uninsured Employer Fund Board Meeting Minutes
• 2023 Colorado Uninsured Employer Fund Board Meeting Minutes