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!

University of Cincinnati Honors Janet G. Abaray

 September 11, 2018

University of Cincinnati Honors Janet G. Abaray

The University of Cincinnati’s College of Arts and Sciences has chosen Burg Simpson Ohio shareholder Janet G. Abaray as part of a trio of alumni who’ll be honored at a reception and dinner Oct. 4. The association named Abaray as its 2018 Distinguished Alumna. This annual event recognizes A&S alumni for their achievements in their… Read more »

Colorado Law Firms Join Forces to Seek Justice for Victims of the Durango 416 Fire

 September 10, 2018

Colorado Law Firms Join Forces to Seek Justice for Victims of the Durango 416 Fire

September 10, 2018 (Durango, CO)—The long-time Durango law firm of DUTHIE SAVASTANO BRUNGARD has teamed up with the nationally recognized Colorado-based trial firm of BURG SIMPSON ELDREDGE HERSH & JARDINE to bring justice to the victims of the Durango 416 Fire and to hold the owners, operators and management of the Durango & Silverton Narrow… Read more »

Burg Simpson Supports the National Latino Peace Officers Association

 September 5, 2018

Burg Simpson Supports the National Latino Peace Officers Association

September 4, 2018 (Denver, CO)- Burg Simpson Eldredge Hersh & Jardine, P.C., and Burg Simpson shareholder Nick Fogel, are proud to support the National Latino Peace Officers Association (NLPOA) at their 45th annual Training Institute and Convention. The event will take place at the Omni Interlocken Hotel from September 5th through September 8th. Hosted by… Read more »

Michael S. Burg Wants the State to Do More to End Body Brokers

 September 4, 2018

Michael S. Burg Wants the State to Do More to End Body Brokers

After the feds raid shut down a Montrose, Colorado, funeral home in February, it didn’t take lawmakers long to crack down on the state’s body broker trade. Legislators quickly drafted and passed the Human Remains Disposition Sale Businesses Act, which went into effect earlier this summer. The law prevents anyone from owning both a funeral… 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 haven’t 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 190,000… Read more »

Work Comp Payments – Denver Work Comp Attorney – Colorado Burg Simpson

 July 23, 2018

Colorado Worker’s Comp Payments Go Digital

In less than a year, Pinnacol Assurance has managed to move more than two-thirds of injured workers into a direct deposit system for workers’ comp claims. Pinnacol, Colorado’s workers’ compensation insurer of last resort, rolled out direct deposit wage replacement for injured employees. Now roughly 70 percent of their clients have enrolled in the program,… 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 »

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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