Workers’ Compensation

Third Party Claims

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

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.

The Trial Lawyer Magazine honors Michael Burg; firm of Burg Simpson Eldredge Hersh & Jardine

 February 6, 2017

The Trial Lawyer Magazine honors Michael Burg; firm of Burg Simpson Eldredge Hersh & Jardine

Michael S. Burg Named One of America’s 50 Most Influential Trial Lawyers Burg Simpson Eldredge Hersh & Jardine Named One of America’s 25 Most Influential Law Firms The Trial Lawyer magazine honorees to be celebrated at The National Trial Lawyers’ annual summit Denver, CO – Burg Simpson Eldredge Hersh & Jardine, PC is proud to… Read more »

7 Burg Simpson Shareholders Named to 2017 Top Lawyers List

 January 23, 2017

7 Burg Simpson Shareholders Named to 2017 Top Lawyers List

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is pleased to announce that seven shareholders have recently been named to 5280 Magazine’s 2017 Top Lawyers list. Founded in 1993, 5280 is the largest local magazine in Colorado. The Burg Simpson attorneys selected for inclusion in 5280 Top Lawyers are: Michael S. Burg –… Read more »

2016: Another Year Burg Simpson Changed Lives

 December 8, 2016

2016: Another Year Burg Simpson Changed Lives

The Burg Simpson attorneys had another outstanding year changing the lives of those they represent. The firm’s ability to properly value cases—whether personal injury, medical malpractice, construction defect, or mass tort—and fight tirelessly as a cohesive team to obtain the compensation its clients deserve sets Burg Simpson apart. Here is just a small sample of… Read more »

Janet Abaray Profiled in Super Lawyers Magazine

 December 7, 2016

Janet Abaray Profiled in Super Lawyers Magazine

The most recent edition of Super Lawyers Magazine features a profile on Burg Simpson Ohio’s managing shareholder, Janet Abaray. In the feature, Ms. Abaray discusses some of the highlights of her career, the art of “looking around corners” in a case, taking on big pharma, and a well-known class action against the Bengals. Amongst her… Read more »

Are Workers Adequately Compensated for Job Related Hearing Loss?

 March 21, 2016

Are Workers Adequately Compensated for Job Related Hearing Loss?

Occupational hearing loss ranks as one of the most pervasive “work-related illnesses” in the nation, according to the U.S. Department of Health and Human Services’ Centers for Disease Control and Prevention (CDC). With over 20 million U.S. workers exposed to hazardous noise levels at work, job related hearing loss affects a significant portion of the… Read more »

Can Workers Receive Comp Benefits If Injured on the Way to Work?

 March 7, 2016

Can Workers Receive Comp Benefits If Injured on the Way to Work?

Whether or not workers are fully aware of the law, when they are injured at work, they are entitled to receive payments to cover medical bills, loss of wages, and compensation for disabilities that keep them from returning to work for life. When injuries occur on the job site or at the work place, the… Read more »

Were Nuclear Plant Employees Cheated Out of Workers Compensation Benefits?

 March 1, 2016

Were Nuclear Plant Employees Cheated Out of Workers Compensation Benefits?

From popular dramatizations of the Manhattan Project to countless books published on the topic, the U.S. nuclear program has been almost uniformly portrayed as a heroic enterprise that has helped America remain a world power. The sad reality is that over 100,000 workers were sickened constructing the nation’s nuclear arsenal, with some victims continuing to… Read more »

Undocumented Workplace Injuries Can Create Major Problems for Hurt Workers

 February 23, 2016

Undocumented Workplace Injuries Can Create Major Problems for Hurt Workers

A 40-year-old trucker is learning the hard way that if worker’s compensation insurance companies ignore the rules, injured workers often pay the price. This trucker sustained injuries to his back lifting and carrying heavy boxes at work, which created such terrible pain that the man had no choice but to undergo surgery. While the man’s… 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

Net Neutrality

 November 18, 2015

Net Neutrality: A Panel Discussion

Rick D. Bailey contributes his opinion on Net Neutrality in this panel article published in Best Lawyers® Business Edition, Summer, 2015. 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 »

Rick Bailey - Hearing and Mishearing

 November 18, 2015

Hearing and Mishearing: Psychoanalytic Observations on the Attorney-Client Relationship

Trial lawyer Rick D. Bailey co-authored this white paper with David Stevens, a practicing psychoanalyst/clinical psychologist and associate professor at the university of Colorado Health Sciences Center. They address the attorney-client relationship throught the lens of psychoanalysis and cognitive neuroscience. Download full article PDF

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