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 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!

Michael S. Burg Urges State to do More to Outlaw Body Brokers

 July 19, 2018

Michael S. Burg Urges State to do More to Outlaw Body Brokers

Lawmakers finally made a move during this last legislative session to put an end to the “body broker” business in Colorado with the passage of Senate Bill 234. The new law prevents anyone from owning both a funeral home and a “body donation” company while also establishing minimum standards for sanitary maintenance and record keeping…. Read more »

Dave P. Hersh Selected to Supreme Court Task Force

 July 17, 2018

Dave P. Hersh Selected to Supreme Court Task Force

The attorneys at Burg Simpson recognize how important it is to stay involved in the legal community outside of the courtroom. That’s why shareholder David P. Hersh has agreed to serve on the Colorado Supreme Court’s new Lawyer Well-Being Task Force. The task force, chaired by Associate Justice Monica Márquez, is made up of lawyers… Read more »

Colin M. Simpson Earns Martindale-Hubbell Silver Honor

 June 26, 2018

Colin M. Simpson Earns Martindale-Hubbell Silver Honor

For the attorneys at Burg Simpson, few things are as rewarding as making a client happy. That’s why we’re proud to announce that shareholder Colin M. Simpson has earned a Silver Client Review Rating from Martindale-Hubbell. The honor is given to attorneys that maintain a four-star average client review rating – which is the best… Read more »

Michael S. Burg Warns Against the End of Net Neutrality

 June 14, 2018

Michael S. Burg Warns Against the End of Net Neutrality

Net neutrality ended this week not with a bang, but a whimper. Late last year, the Federal Communications Commission voted to overturn Obama-era rules put in place to maintain a free and open Internet. Because of that, those rules officially expired June 11. Of all the reversals the Trump Administration has pulled in the last… Read more »

Workplace Violence Employee Safety – Workers Comp Lawyers Denver – Colorado Burg Simpson

 June 4, 2018

Workplace Violence Threatens Employee Safety

Sadly, the possibility of violence shattering the workplace is more likely than ever. According to the latest data from the National Safety Council, roughly 2 million Americans are victims of workplace violence every year. In 2014, for example, more than 400 employees died as result of a senseless attack – making up about 16 percent… Read more »

Workers’ Comp Options – Workers Comp Lawyers Denver – Colorado Burg Simpson

 March 20, 2018

Employers Workers’ Comp Options for their Employees

Any company doing business in Colorado – whether it’s a public or private entity – is required to carry workers’ compensation insurance. This insurance helps protect both the employer and the employee in the case of an accident on the job. Anyone hired to perform services for pay is considered an employee by state law…. Read more »

Depression & Work Injuries – Workers Compensation Attorney– Burg Simpson

 February 26, 2018

Depression and Work Injuries for Women in Colorado

Depression is the leading cause of disability both worldwide and in the United States, especially among those between 15 and 44. It affects more than 16 million Americans – nearly 7 percent of the population – hitting women much more frequently than men. While depression alone is not sufficient to be a compensable work injury… Read more »

Protect Uninsured Workers – Colorado Workers Compensation Attorneys – Burg Simpson

 January 10, 2018

Colorado Fights to Protect Uninsured Workers

The state of Colorado requires all employers with even a single employee to carry workers’ compensation insurance. It doesn’t matter if those employees are part time or full time. In fact, anyone who receives pay for services in Colorado is considered an employee, as far as workers’ compensation insurance is concerned. There are exceptions, of… 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.

Ring of Fire: The Unseen Economic Crisis

 February 29, 2016

Ring of Fire: The Unseen Economic Crisis

Ring of Fire host Farron Cousins talks with Michael Burg about taxes and the government’s resistance to upgrade America’s infrastructure.

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