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!