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!

 June 12, 2019

Burg Simpson to Sponsor the 7th Annual Jeremy Bitner Memorial Run!

Burg Simpson is proud to sponsor the 7th annual Jeremy Bitner Memorial Run. The Jeremy Bitner Foundation was established in honor of Englewood Police Detective Jeremy Bitner after he lost his life in the line of duty in 2012. Burg Simpson shareholder Nick Fogel, the practice group leader of the firm’s workers’ compensation department, helped to develop the… Read more »

Ohio Attorney Kenneth Daly hero image

 May 23, 2019

Kenneth M. Daly Now Licensed to Practice in the State of Kentucky

Kenneth M. Daly Now Licensed to Practice in the State of Kentucky Kentucky Just Got Lucky! Burg Simpson is pleased to announce that Kenneth Daly, an attorney in the firm with an established practice in Ohio, recently passed the Kentucky bar. Kenneth is excited about the opportunity to expand his practice to include the citizens of… Read more »

Ohio Attorney Melanie S. Bailey hero image

 May 22, 2019

Melanie S. Bailey Published in Cincinnati Bar Association Report

Melanie S. Bailey Published in Cincinnati Bar Association Report Melaine S. Bailey authored an article published in the CBA Report regarding the ability of consumers to hold drug manufacturers liable for failure to warn of adverse reactions to prescription medications. In the article, Brand Name Drug or Generic Drug: Generic may foil your client’s failure to warn… Read more »

Swearing In Ceremony

 May 15, 2019

Burg Simpson Congratulates Ms. Jessica Powell, Esq.

Burg Simpson Congratulates Ms. Jessica Powell, Esq. Congratulations to Jessica Powell on her admission to the practice of law in the State of Ohio! Ms. Jessica Powell, an associate at Burg Simpson in Cincinnati, OH, was sworn in at the Admissions Ceremony on May 13, 2019. Pictured is Ms. Jessica Powell at the Admissions Ceremony. Jessica… Read more »

The 2019 Burg Simpson Scholarship Awards Dinner

 May 7, 2019

The 2019 Burg Simpson Scholarship Awards Dinner

The 2019 Burg Simpson Scholarship Awards Dinner was held at Maggiano’s on April 25th to recognize the ten winners of the firm’s annual scholarship competition. The firm’s founder Michael Burg, and shareholders Peter Burg and Stephan Marsh presented awards to the 2019 winners! This year’s recipients included Ms. Madison Frotten, Mr. Dale Kim, Ms. McKenna… Read more »

Burg Simpson | Workers’ Compensation

 April 17, 2019

Burg Simpson | Workers’ Compensation

Shareholder Nick Fogel is the practice group leader of the Workers’ Compensation division at Burg Simpson. Workers’ Compensation is a form of insurance that protects employees when they are injured on the job or in the line of duty. Workers’ compensation provides both wage replacement and medical benefits. Filing a workers’ compensation claim can be… Read more »

Burg Simpson | We Are Here To Help

 April 5, 2019

Burg Simpson | We Are Here To Help

Burg Simpson is a law firm committed to helping injured people rebuild their lives after a serious accident or injury. Our trial lawyers have handled nearly every kind of injury or wrongful death case. The team at Burg Simpson has the resources, nationwide reputation, or proven track record of success when it comes to helping… Read more »

Becoming Whole Again

 April 4, 2019

Becoming Whole Again

If you or a loved one has suffered a loss due to an injury or death because of the negligence of another, you are entitled to receive full and fair compensation for your pain and suffering. Burg Simpson’s office in Arizona can help you navigate your personal injury claim. Burg Simpson attorney, Scott A. Ambrose… Read more »

Top 100 National Trial Lawyers Legal 500 Best Lawyers in America Super Lawyers US News 2014 Top 25 Most Influential Lawyers