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 Burg body broker interview

 March 19, 2019

Inside Edition Interviews Michael Burg on Body Broker Case

Esteemed founding shareholder Michael Burg explained the details of a body broker case in Arizona brought by several families against Biological Resource Center, Inc. and its owner, Steve Gore. In this terrible case, the families donating their deceased loved ones’ bodies to scientific research did not realize the company intended to dismember the corpse and… Read more »

Bolye, Nelson

 March 18, 2019

Colorado Supreme Court Refuses to Take Up Wal-Mart’s Challenge to the Collateral Source Rule

Colorado Supreme Court Refuses to Take Up Wal-Mart’s Challenge to the Collateral Source Rule In the 2018 case of Forfar v. Wal-Mart, 2018 COA 125, Burg Simpson Attorney Nelson Boyle won an important appeal on behalf of Burg Simpson’s client Robert Forfar. Mr. Fofar was represented at trial by several attorneys at the Paul Wilkinson… Read more »

Michael Burg on KHOW

 March 15, 2019

Michael Burg on KHOW Talk Radio: Your Money, Your Retirement, on Saturday, March 16th at 2 pm.

Michael S. Burg, the founding shareholder at the law firm of Burg Simpson Eldredge Hersh & Jardine, will be appearing on the weekly talk radio show, Your Money, Your Retirement on Saturday, March 16th at 2 pm. Mr. Burg will be a guest of co-host Tim Smile on KHOW radio. Michael Burg will be discussing… Read more »

 March 11, 2019

Burg Simpson Presents Awards to the 2019 Scholarship Competition Winners!

     Each year, Burg Simpson awards college scholarships to the graduating high school seniors who win our essay competition regarding the importance of the U.S. civil jury system, and how it is being threatened. The annual Burg Simpson Scholarship Competition is an outstanding opportunity for high school seniors to obtain additional funds for college,… Read more »

Workers’ Compensation Claims – We Will Be Your Guide

 March 5, 2019

Workers’ Compensation Claims – We Will Be Your Guide

The workers’ compensation system is very complicated and difficult to navigate on your own, but Burg Simpson can help.  Our award-winning attorneys specialize in workers’ compensation claims to ensure that your rights and benefits are protected. Our workers’ compensation lawyers have decades of experience in dealing with Colorado workers’ comp laws, and in making sure that our… Read more »

Colorado workers' compensation misconceptions can leave injured workers without options for financial help.

 November 26, 2018

Misconceptions about Colorado Workers’ Compensation

For Colorado, workers’ compensation law is a big deal. Every year about 112 Coloradans die in an accident on the job. That works out to one death every three to four days, according to data collected by the Colorado Department of Public Health and Environment. Thousands more employees suffer accidents that leave them injured and… Read more »

Worker's Compensation lawyer John Connell received this needlepoint gift from a thankful client.

 October 25, 2018

Workers’ Compensation Lawyer John Connell Changes Lives with Burg Simpson

Deciding who to hire as your workers’ compensation lawyer is a complicated process. Injuries sustained on the job mean that potential clients weighing their litigation options are doing so under stressful circumstances. They are often experiencing physical pain, worrying about their finances and job, juggling complicated medical decisions that will affect their recovery, and trying… Read more »

Summer Jobs Safety – Workers Comp Lawyers Denver – Colorado Burg Simpson

 August 9, 2018

Summer Jobs Put Teen Workers at Risk

Despite a historically low unemployment rate – hovering at 3.8 percent – teenagers have not exactly been racing to get summer jobs lately. According to Challenger, Gray & Christmas Inc., teen hiring fell nearly 4 percent to 1.28 million jobs gained last summer. Employment among teen workers – ages 16 to 19 – peaked at… Read more »

Workers’ Compensation Claims – We Will Be Your Guide

 March 5, 2019

Workers’ Compensation Claims – We Will Be Your Guide

The workers’ compensation system is very complicated and difficult to navigate on your own, but Burg Simpson can help.  Our award-winning attorneys specialize in workers’ compensation claims to ensure that your rights and benefits are protected. Our workers’ compensation lawyers have decades of experience in dealing with Colorado workers’ comp laws, and in making sure that our… Read more »

Let Us Handle Your Personal Injury Matters, While You Concentrate on Your Recovery

 March 5, 2019

Let Us Handle Your Personal Injury Matters, While You Concentrate on Your Recovery

When you have suffered from a personal injury, or the loss of a loved one due to wrongful death, it can make matters even more complicated when you are attempting to deal with all of the accompanying legal issues on your own. When you have experienced this kind of trauma, it is important that you focus… Read more »

Colorado Deadlines for Construction Defect Lawsuits – Statute of Limitation & Statute of Repose

 March 5, 2019

Colorado Deadlines for Construction Defect Lawsuits – Statute of Limitation & Statute of Repose

Colorado has some of the shortest deadlines in the country for filing a construction defect lawsuit. Generally, a homeowner or a homeowner association board has a limited amount of time from obtaining the certificate of occupancy to filing a claim. But do not assume that your opportunity to file a construction defect claim has passed. If… Read more »

How Do I File a Construction Defect Claim in Colorado? – What is the CDARA Process?

 March 5, 2019

How Do I File a Construction Defect Claim in Colorado? – What is the CDARA Process?

Filing a civil action against a construction company, contractor, architect, engineer, or other construction professional for a construction defect can be complicated. This is especially true if you are filing as an individual homeowner or a member of a homeowner’s association. In this short and informative video, Construction Defects attorney, and Burg Simpson shareholder, Craig… Read more »

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