Colorado Workers’ Compensation Department – Burg Simpson

Third Party Claims- Colorado Workmans Comp Lawyers

Third Party Claims- Denver Workers Compensation Attorney- Burg Simpson

All too often, workplace accidents are the result of someone else’s negligence. If that person isn’t someone connected with your employer, a third-party lawsuit might be an available option for you to secure additional compensation for your injuries so that you can cover medical and other expenses. These lawsuits can be filed in addition to your workers’ compensation claim.

If you’ve been hurt in a worksite accident because of the actions of an irresponsible third party, call a Colorado workers’ compensation attorney today. Colorado’s workers’ compensation law is extremely complicated, so don’t try to handle you claim alone. You run the risk of making a mistake and putting your compensation at risk. Reach out to Burg Simpson today by calling 303-792-5595 or fill out our FREE CASE EVALUATION form right now.

Yes. In Colorado, if you’re hurt on the job and your injury is the result of your employer’s or a co-worker’s actions, you are eligible for workers’ compensation benefits. However, in exchange for that benefit, Colorado law prohibits you from suing either of them for their negligence. You can, however, sue the responsible third party who’s not affiliated with your place of employment, while also collecting workers’ compensation benefits.

For example, if you’re a delivery truck driver and you get hurt when another driver runs a red light and rams into your truck, you can collect workers’ compensation benefits from your employer while you pursue the negligent driver with a third-party claim for damages not covered by workers’ compensation.

Keep in mind that your employer’s workers’ comp insurance carrier will be entitled to a portion of the money collected from the negligent driver based on the benefits they’ve already paid on your behalf. This process is called subrogation. This is why you need a Colorado work comp attorney to help you through the process.

Independent contractors typically have to carry their own workers’ compensation insurance. However, signing an independent contractor agreement doesn’t necessarily prove that you’re an independent contractor or that you’ve waived your right to prove that you’re an employee.

Based on Colorado’s Workers’ Compensation Act, you’re considered a company employee unless you’re:

  • Free from control and direction in the performance of services.
  • Customarily engaged in an independent trade, occupation, profession or business related to the provided service.

To determine if you’re “free from control or direction,” you have to ask yourself:

  • Does someone tell you when or how to do your job?
  • Does someone else provide the tools or equipment to do your job?

Finally, in some cases, you can sue a property owner or a lessee if you get hurt on their property while on the job. You can also file suit against an equipment manufacturer if you’ve been hurt by their defective equipment.

CONTACT A COLORADO WORK COMP LAWYER IF YOU NEED TO FILE A THIRD PARTY CLAIM

If you’ve been hurt on the job in Colorado, don’t wait to contact a Colorado workers’ comp lawyer and do not try to handle your claim alone. Visit Burg Simpson today to find out how to get the benefits you deserve. We offer a free, no-obligation consultation. Call 303-792-5595 or fill out our FREE CASE EVALUATION FORM before it’s too late!

Alan K. Simpson Argues For a 28th Amendment

 August 16, 2017

Alan K. Simpson Argues For a 28th Amendment

Are corporation’s people? It might sound like a simple question, but it’s one the U.S. Supreme Court answered in the affirmative when it handed down its landmark Citizens United v. Federal Election Commission decision in 2010. That 5-4 ruling struck down a prohibition against certain election communications by nonprofits, corporations, labor unions, and other associations…. Read more »

Michael S. Burg Blasts Supreme Court Big Pharma Ruling

 August 15, 2017

Michael S. Burg Blasts Supreme Court Big Pharma Ruling

Earlier this summer, the U.S. Supreme Court handed Big Pharma a big victory. In Bristol-Myers Squibb Co. v. Superior Court of California, the high court struck down California’s effort to widen the scope of non-residents seeking relief from dangerous drugs. In an 8-1 decision, the court ruled against nearly 680 plaintiffs who were suing the… Read more »

Burg Simpson Eldredge Hersh & Jardine Attorneys Recognized in 2018 Edition of The Best Lawyers in America©

 August 15, 2017

Burg Simpson Eldredge Hersh & Jardine Attorneys Recognized in 2018 Edition of The Best Lawyers in America©

  Twenty-Three Attorneys Were Listed in The Best Lawyers in America ® 2018 Four Attorneys Listed as 2018 Best Lawyers “Lawyer of the Year” In Their Practice Area and Region August 15, 2017 (Denver, CO) – Burg Simpson Eldredge Hersh & Jardine, P.C., one of America’s foremost plaintiff trial firms, is proud to announce several… Read more »

Weyerhaeuser Floor Joists Could Be Poisoning Your Home

 August 9, 2017

Weyerhaeuser Floor Joists Could Be Poisoning Your Home

August 9, 2017 (Denver, CO) – Thousands of new homes may be uninhabitable due to excessive levels of formaldehyde, a known carcinogen, found in the joists of finished and unfinished basements. Homeowners and construction workers have reported feeling ill, with burning eyes and respiratory issues, after exposure to hazardous levels of formaldehyde present in these… Read more »

Construction Work Danger – Denver Workers Compensation Attorney – Burg Simpson

 August 8, 2017

Construction Work is as Dangerous as it is Diverse

With a jobless rate of just 2.4 percent, Colorado boasts the fourth-lowest construction unemployment rate in the country. Construction workers have been in high demand in Colorado for years, fueled by a robust housing market with increasingly high demand and low inventory. It’s a sector that shows no signs of slowing down, either. Analysts expect… Read more »

Careful with Workers’ Comp – Colorado Workmans Comp Lawyers – Burg Simpson

 July 20, 2017

Tread Carefully During a Workers’ Comp Claim

As common as they are, few things can be as contentious – and as sensitive – as navigating a workers’ compensation claim. It can be a legal minefield for both employees and employers, and both have to be extremely careful during the entire process. Can an Employer Fire an Injured Worker? State laws vary in… Read more »

Notice of Contest– Denver Workers Compensation Attorney – Burg Simpson

 July 6, 2017

What Do You Do if You’ve Received a Notice of Contest?

If you get hurt on the job, you have to tell your employer right away. The law gives workers just four days to report – in writing – non-fatal injuries to their employer. But that’s only the first of many deadlines that stand between a workers’ compensation claim and its resolution. What Does it Mean?… Read more »

Work Comp Hearing Loss– Denver Work Comp Lawyers – Burg Simpson

 June 27, 2017

Can Workers’ Comp Help With Your Hearing Loss?

Even with today’s focus on workplace safety, hearing loss remains one of the country’s leading occupational hazards. According to the latest data from the Centers for Disease Control, roughly 11 percent of the workforce suffers from hearing problems, and nearly a quarter of those injuries are caused by occupational exposure. And on any given work… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

The Trial Lawyer Magazine

 November 18, 2015

Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Pop Culture

 November 18, 2015

Part IV – Does Popular Culture Influence Lawyers, Judges, and Juries?

TV and Movies – What We Love and Love to Hate Twelve Angry Men, To Kill a Mockingbird, the O.J. Simpson debacle…do these movies and televised lawsuits influence decision makers? Burg Simpson attorney Ronald M. Sandgrund continues the panel series dialogue, with Part IV addressing TV and movies. Download full article PDF

Pop Culture Part 3

 November 18, 2015

Part III – Does Popular Culture Influence Lawyers, Judges, and Juries?

Managing Popular Culture’s Influence Popular culture generally has been defined as “culture based on the tastes of ordinary people rather than an educated elite.” Part III investigates whether popular culture may be undermining the rule of law. Burg Simpson attorney Ronald M. Sandgrund mediates this panel article. Download full article PDF

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