Colorado Workers' Compensation

Third Party Claims- Colorado Workers’ Comp Lawyer

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 is not 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 have 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 do not try to handle your 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 are 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 is not affiliated with your place of employment, while also collecting workers’ compensation benefits.

For example, if you are 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 have 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 does not necessarily prove that you are an independent contractor or that you have waived your right to prove that you are an employee.

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

  • 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 are “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 have been hurt by their defective equipment.

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

If you have been hurt on the job in Colorado, do not 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 is too late!

January firm-wide e-news

 January 17, 2020

Burg Simpson E-News: January 2020

Complex Business and Commercial Litigation, Construction Defects, Dangerous Drugs & Medical Devices, Mass Tort, Class Action, Medical Malpractice, Personal Injury, and Workers’ Compensation JANUARY 2020 E-NEWS GOOD LAWYERS Burg Simpson Names Three New Shareholders Paul D. Friedman Angela E. McGraw Jacob M. Burg Burg Simpson Eldredge Hersh & Jardine are pleased to announce that Paul D…. Read more »

 January 14, 2020

When Colorado Insurance Companies Get Special Breaks from the Courts

When Colorado Insurance Companies Get Special Breaks from the Courts In a recent Colorado law journal article, Burg Simpson lawyers Ron Sandgrund and Leslie Tuft question why Colorado insurance companies are still getting special breaks from the courts when those insurers mislead their insureds or fail to explain adequately why they are denying an insurance… Read more »

 January 8, 2020

5280 Magazine Names Denver’s Top Lawyers of the Year!

5280 Magazine Names Denver’s Top Lawyers of the Year!  Denver’s Top Lawyers 2020  is 5280 Magazine’s sixth annual list of the best attorneys in the region. The 5280 editors invited attorneys in the seven-county metro area to vote for the peers they respect most in 50 legal practice areas. Survey responses in hand, the 5280 team… Read more »

 January 7, 2020

The Burg Simpson Scholarship Essays Must Be Submitted by February 1st

THE BURG SIMPSON SCHOLARSHIP DEADLINE IS RAPIDLY APPROACHING! The 1,500-word Burg Simpson Scholarship Essays Must Be Submitted by February 1st For the past several years, Burg Simpson has awarded college scholarships to the graduating high school seniors who won our essay competition regarding the importance of the civil jury system and how it is being… Read more »

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 December 9, 2019

Settling Commercial Litigation Cases

An out-of-court settlement is a legally-binding agreement between the parties to a lawsuit that effectively puts an end to the legal matter. A settlement resolves all disputes inherent in the lawsuit, and results in dismissal of the claims filed in court.  Sometimes a settlement will contain a requirement that other court orders be entered effectuating… Read more »

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

 November 12, 2019

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

Burg Simpson’s Colorado mass tort attorneys have represented thousands of people who have suffered serious side effects after taking dangerous medications or those who have been hurt by a defective product.  If you have suffered injuries related to a defective drug or medical device, contact the Burg Simpson mass tort team at 303-790-2525.

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 November 8, 2019

Bike Crash Safety Video – Burg Simpson Personal Injury

The personal injury attorneys at Burg Simpson help fellow bicycle enthusiasts understand how to protect their rights after a bike crash and stay safe on the roads. If you have been hurt in a bike crash and need help, reach out to us today by calling our office or filling out our online free case… Read more »

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

 July 1, 2019

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

The Jeremy Bitner Foundation was established in honor of Englewood Police Detective Jeremy Bitner. Detective Bitner lost his life in the line of duty on May 28, 2012, after being struck and killed by a vehicle while performing a traffic stop. Jeremy served the Englewood Police Department for 8 years and during that time was assigned… Read more »

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