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!

 November 9, 2018

Burg Simpson Supports Denver Health’s Paramedics

Peter Burg, Jake Burg, and Stephen Burg of Burg Simpson were proud and honored to sponsor Denver Health’s first annual Paramedic Award luncheon on Thursday, November 8th. The event, hosted by Les Shapiro, the American host of the ESPN radio talk program in Denver, Colorado, was a day to honor the heroic service of Denver paramedics who go… Read more »

 November 8, 2018

Burg Simpson Supports the Rocky Mountain Children’s Law Center

Burg Simpson shareholder Tom Henderson, in the center, attended Rocky Mountain Children’s Law Center Gala on Thursday, November 7th with associate attorney Stephan Marsh on the left, Stephan’s wife Dara, associate attorney Mallory Mangold, and shareholder Meghan Quinlivan. Burg Simpson is proud to support the Rocky Mountain Children’s Law Center (RMCLC). The Center is dedicated… Read more »

 November 6, 2018

Burg Simpson Attorneys Support the D.U. Law Stars!

Burg Simpson Eldredge Hersh & Jardine alumni supported Denver University at the annual DU Law Stars dinner on Thursday, November 1, 2018. DU Law Stars unites alumni and the Denver legal community in a celebration of remarkable individuals who have made lasting contributions to the field of law and legal education. The firm’s founder and… Read more »

Personal injury lawyer Angela McGraw at the Blue Heron PTA

 November 5, 2018

Burg Simpson’s Angela McGraw, Esq. Raising Funds for the Blue Heron PTA!

Angela McGraw, a personal injury attorney at Burg Simpson, volunteered as a PTA parent at The Blue Heron Elementary School’s Family Fall Fest on October 26th. It was a night full of activities that included dressing up in creative Halloween costumes, playing exciting games, and jumping at the Festival’s bouncy house! As an attorney, Angela… 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 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 »

Good Lawyers. Changing Lives. – Supporting Communities with Burg Simpson

 November 5, 2018

Good Lawyers. Changing Lives. – Supporting Communities with Burg Simpson

All attorneys at Burg Simpson strive to make our motto more than just words. Both in and out of the courtroom, our attorneys work to support local and national communities by protecting their rights and to making certain that crisis recovery and educational opportunities are available to all. In this video, Burg Simpson shareholder and… Read more »

Massachusetts Gas Explosion – Holding Corporations Accountable

 November 2, 2018

Massachusetts Gas Explosion – Holding Corporations Accountable

The negligence of Columbia Gas caused the massive gas explosions  in Andover, Lawrence and North Andover, MA. After the gas explosions, more than 2,000 people found themselves displaced, and their towns resembled a war zone. These gas explosions could have easily been avoided. Columbia Gas had been warned twice over the last decade that an explosion was… Read more »

Attorney Tom Henderson explains why the Durango 416 Fire aims to hold the Durango-Silverton Railroad accountable.

 November 2, 2018

Seeking Justice for Victims of the Durango 416 Fire

Colorado’s Durango 416 Fire was caused by the Durango-Silverton Railroad’s coal-burning train on June 1, 2018. The blaze has been reported to be the state’s sixth largest forest fire in history, and the fire destroyed homes and businesses in Durango and the surrounding area. Burg Simpson is now representing those affected by the 416 Fire… Read more »

Consumers Must Beware of Body Brokers

 November 2, 2018

Consumers Must Beware of Body Brokers

Body brokers are relatively unchecked and under-regulated by state and federal agencies.  Across the United States, mortuaries and hospices are committing fraud by allowing body brokers to convince families who have lost their loved ones to donate the body “for medical research.” But instead of being donated, the body ends up being dismembered and then… Read more »

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