Title: Colorado Unpaid Interns May be Eligible for Worker's Compensation: Comprehensive Guide Introduction: Discover the ins and outs of worker's compensation eligibility for unpaid interns in Colorado. In this detailed description, we will delve into the requirements and legal provisions that determine the eligibility of various types of unpaid interns for worker's compensation benefits in Colorado. Keywords: Colorado, unpaid interns, worker's compensation, eligibility, types, legal provisions, benefits Eligibility Criteria: Unpaid interns in Colorado may be eligible for worker's compensation under certain circumstances. To determine their eligibility, several criteria must be met: 1. Internship Program Approved by an Educational Institution: To qualify for worker's compensation, the internship must be part of an approved educational program affiliated with an educational institution recognized by the state of Colorado. 2. Training and Educational Nature: The internship must primarily serve as a training experience, providing practical skills and knowledge related to the intern's field of study. The focus should be on learning rather than performing tasks typically assigned to regular employees. 3. Unpaid Status: As the name implies, unpaid interns do not receive wages for their work during the internship period. This criterion distinguishes them from both paid employees and individuals fulfilling the obligations of student-employees. Types of Colorado Unpaid Interns Eligible for Worker's Compensation: 1. Educational Internships: Educational institutions often facilitate internships as part of their curriculum. These internships are designed to provide students with practical training and industry exposure in their chosen field. If all the eligibility criteria are met, such interns might be eligible for worker's compensation in Colorado. 2. Non-Profit Organization Internships: Many unpaid internships are offered by non-profit organizations aiming to give interns valuable experience while supporting their cause. Interns working for non-profit organizations may be eligible for worker's compensation benefits if they satisfy the necessary criteria. 3. Government Entity Internships: Internships with governmental entities such as state or local agencies, departments, or offices can also fall under the educational/training category. As long as the intern meets the eligibility requirements, they may be entitled to worker's compensation benefits. Legal Provisions: The legal provisions governing worker's compensation eligibility for unpaid interns in Colorado are outlined in the Colorado Workers' Compensation Act. This act recognizes that unpaid interns may incur work-related injuries and could be entitled to medical benefits and wage replacement if their claim is approved. Conclusion: Colorado unpaid interns who meet specific criteria regarding their internship program, educational nature of work, and unpaid status may be eligible for worker's compensation benefits. However, it is advised to consult with an experienced worker's compensation attorney to fully understand the eligibility requirements and navigate the claims process effectively. Keywords: Colorado, unpaid internships, worker's compensation eligibility, educational internships, non-profit organizations, government entities, legal provisions, eligibility criteria, claims process. Note: Ensure that the specific legal provisions are accurately cited and that the reader is aware of the importance of seeking professional legal advice for individual cases.
Colorado Unpaid Interns May be Eligible for Worker's Compensation
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In general, if a school or business is profiting or otherwise benefiting from the work of interns or work study students, or if a worker is training for a particular job, the school or business must pay the student-employees/trainees at least the minimum wage for all regular hours worked and overtime for hours worked
An intern is entitled to the National Minimum Wage if they count as a worker. Employers cannot avoid paying the National Minimum Wage if it's due by: saying or stating that it does not apply. making a written agreement saying someone is not a worker or that they're a volunteer.
Colorado offers a few exemptions to its workers' comp insurance requirements. The state does not require employers to provide workers' comp insurance to: Casual maintenance or repair workers and casual farm or ranch workers who the employer pays less than $2,000 per calendar year.
Per USDOL, individuals may participate in unpaid internships at both for-profit and non-profit organizations, if all seven of the following criteria are met: 1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation.
Unpaid internships are legal if the intern is the primary beneficiary of the arrangement. This is determined by the seven-point Primary Beneficiary Test. If an employer is the primary beneficiary, the intern is considered an employee under the Fair Labor Standards Act and entitled to minimum wage.
For example, independent contractors and volunteers sometimes aren't eligible for workers' comp. Other states don't cover volunteer firefighters and people who volunteer for search and rescue parties, but Colorado law covers these individuals as well.
The Colorado Workers' Compensation Act requires unpaid student interns to be covered by workers' compensation insurance.
In general, if a school or business is profiting or otherwise benefiting from the work of interns or work study students, or if a worker is training for a particular job, the school or business must pay the student-employees/trainees at least the minimum wage for all regular hours worked and overtime for hours worked
Employers who hire unpaid interns face potential legal troubles, including costly class action lawsuits. Recently, unpaid interns brought a class-action lawsuit against Mary-Kate and Ashley Olsen's entertainment company, Dualstar Entertainment Group, LLC.
