Someone who gets hurt working for a boss who failed to carry workers’ compensation insurance shouldn’t have to shoulder the cost of his employer’s negligence.

That’s the intent of House Bill 1119, which is being billed as the  Colorado Uninsured Employer Act.

Claims would be paid from a fund made up of penalties from employers who fail to  carry workers’ comp. A new board would establish criteria for benefit payouts, rates, adjust claims and to adopt rules.

The bill states:

IT IS THE INTENT OF THE GENERAL ASSEMBLY TO REQUIRE EMPLOYERS TO MAINTAIN WORKERS’ COMPENSATION INSURANCE AND THAT THE REQUIREMENT BE VIGOROUSLY ENFORCED IN ORDER TO PROTECT COMPLIANT EMPLOYERS FROM THOSE WHO WOULD GAIN A COMPETITIVE ADVANTAGE AT THE EXPENSE OF THE SAFETY AND WELL-BEING OF EMPLOYEES.

House Bill 1119 has bipartisan sponsorship: Democratic Rep. Tracy Kraft-Tharp of Arvada, Republicn Rep. Lang Sias of Arvada, Democratic Sen. Cheri Jahn of Wheat Ridge and Republican Sen. Jack Tate of Centennial.

“This bill will address two problems,” Kraft-Tharp said. “It will fix an unintended consequence in our laws by allowing individualized responses to small businesses to ensure they are providing workers comp as required.

“What’s also important to me is that Colorado workers who are hurt on the job don’t need to be victimized again if their company doesn’t carry worker’s comp. This bill will address that problem.”