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!

Tom W. Henderson Breaks Down Insurance Policy Details

 January 18, 2018

Tom W. Henderson Breaks Down Insurance Policy Details

The latest component in Burg Simpson’s ongoing professional education initiative is set for next week. Shareholder Tom W. Henderson will conduct a 90-minute web seminar, “Advising Your Business Clients on Insurance Policies,” at 9 a.m. MST on Jan 18. Designed for Colorado corporate litigation attorneys, this CE course will cover: Defining Ambiguous Terms. Understanding the… Read more »

Burg Simpson Announces its New Website Launch

 January 17, 2018

Burg Simpson Announces its New Website Launch

Burg Simpson is proud to announce the launch of a more comprehensive website that incorporates the firm’s office locations into a single site. The new Burg Simpson website, which has since focused on Colorado’s practice areas, now encompasses information for its Arizona, Ohio, and Wyoming offices all in one place, along with their practice areas,… Read more »

Mandatory Arbitration Agreements Could Be Here To Stay

 January 11, 2018

Mandatory Arbitration Agreements Could Be Here To Stay

Burg Simpson co-founder Michael S. Burg recently sat down with Law Week Colorado to discuss mandatory arbitration agreements, and what impact the #MeToo movement might have on that in the coming year. Several factors came together in 2017 to breathe new life into these controversial agreements, but experts debate whether an uptick in sexual harassment claims… Read more »

Burg Simpson Shareholders Speak at 2018 Brain Injury Summit

 January 9, 2018

Burg Simpson Shareholders Speak at 2018 Brain Injury Summit

Burg Simpson has long been a champion of traumatic brain injury victims. That commitment was on full display this week as shareholders Peter W. Burg and David P. Hersh presented at the 2018 Brain Injury Summit in Vail, Colorado. The Burg Simpson Colorado personal injury attorneys moderated, “Pearls of TBI Neuro-Litigation,” an interactive workshop, earlier… Read more »

Injured During Labor – Denver Medical Malpractice Lawyers– Burg Simpson

 January 22, 2018

How Do Babies Get Injured During Labor?

Roughly 4 million women give birth every year in the United States. And while the vast majority of those deliveries go off without a hitch, more than 50,000 of these women suffer complications during labor annually, according to the Centers for Disease Control and Prevention. The United States stands out as the country with the… 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 »

Business Dispute Options – Colorado Corporate Litigation Attorney - Burg Simpson

 January 2, 2018

What Are Your Business Dispute Options?

Business owners operate under the cloud of potential litigation nearly every day. Whether it’s a multinational corporation, a family-owned business, or a small sole proprietorship that’s just opened up its doors, business owners and leaders often face legal issues that can take time and money away from their day-to-day operations. Business and commercial law isn’t… Read more »

Plastic Surgeons Can Do Permanent Harm – Denver Medical Malpractice Lawyers– Burg Simpson

 December 27, 2017

Plastic Surgeons Can Do Permanent Harm

It might surprise – or even startle – you to find out that Colorado does not require plastic surgery centers to be licensed or even inspected by the state. These medical providers are exempt from regulations that govern other ambulatory surgery centers because providing surgical services isn’t their primary function. The state actually lets these… 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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