Was your accident caused by someone outside of your employer? If so, a third party lawsuit might be applicable and may help you get a higher amount of compensation to cover medical and other expenses. These lawsuits can be filed in addition to your workers’ compensation claim, so you don’t have to worry about your claim being affected by an ongoing lawsuit.
Can I Sue the Negligent Third Party who Caused my Job-Related Injury and Still Collect Workers’ Compensation?
If you are injured due to the actions of your employer or a co-worker in Colorado, you can receive workers’ compensation benefits; yet you cannot sue either of them for their negligence. You can, however, sue the responsible third party not affiliated with your place of employment, while also collecting workers’ compensation benefits.
For example, if you drive a delivery truck while working and are injured when your truck is hit by a driver who runs a red light, you can collect workers’ compensation benefits and additionally pursue the negligent driver by filing a third party claim for damages not covered by workers’ compensation.
The workers’ compensation insurance company will be entitled to a portion of the money collected from the negligent driver based on the workers’ compensation benefits they have paid on your behalf. If you are injured while on loan to a subcontractor by a general contractor, you can sue a negligent third party not associated with your workplace who injures you while you are working.
Independent contractors must carry their own workers’ compensation insurance. However, signing an independent contractor agreement does not necessarily prove that you are an independent contractor or that you have waived your right to prove that you are an employee.
In some instances you can sue a property owner or a property lessee if you are injured on their premises while on the job.
Need to File a Third Party Claim for a Personal Injury Lawsuit?
If you’ve been injured on the job in Colorado, don’t wait to call a workers’ compensation attorney. Give us a call at Burg Simpson and find out how to get the benefits you deserve. We offer a free, no-obligation consultation. Call 303-792-5595.