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!

 May 29, 2020

Michael Burg Interviewed About the Body Parts Case

Michael Burg Interviewed by the Colorado Lawyer About the “Body Parts Case.” In November of 2019, trial lawyer Michael Burg, with shareholders David TeSelle, Holly Kammerer, and Paul Friedman, secured a $58.5 million verdict in punitive and compensatory damages for families who had donated bodies of their deceased loved ones to the Biological Resource Center…. Read more »

 May 21, 2020

Angela E. McGraw Featured by Women Trial Lawyers Network

In May of 2020, Burg Simpson shareholder and trial lawyer Angela McGraw was featured by the Women Trial Lawyers Network. The Women Trial Lawyers Network promotes the participation of women in the Colorado Trial Lawyers Association (CTLA), and aids in the advancement of women members into leadership positions. Additionally, the organization supplements the knowledge and experience of women by providing networking and educational… Read more »

 May 11, 2020

Burg Simpson Supports the Jeremy Bitner Fallen Officer Fund

ENGLEWOOD, CO – MAY 11, 2020 – The annual Jeremy Bitner Memorial Run is held 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 drunk driver while performing a routine traffic stop. Jeremy served the… Read more »

 May 8, 2020

May 2020 E-News

Complex Business and Commercial Litigation, Construction Defects, Dangerous Drugs & Medical Devices, Mass Tort, Class Action, Medical Malpractice, Personal Injury, and Workers’ Compensation BURG SIMPSON IS FULLY OPERATIONAL DURING THE COVID-19 PANDEMIC MAY 2020 E-NEWS GOOD LAWYERS 5280 Magazine Announces STEPHEN J. BURG “The Face of Personal Injury Litigation” Burg Simpson shareholder Stephen J. Burg is the… Read more »

david-hersh-case-settlement

 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.

bike-crash-safety

 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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