Filing a Third-Party Claim in a Workers’ Compensation Case

 Posted on January 10, 2023 in Car Accident

Under Colorado law, employers must provide workers’ compensation insurance for almost all employees. Failure to do so may result in up to a $500 fine each day of noncompliance. In the overwhelming majority of cases, workers are eligible to receive these benefits even if they are partially to blame for the workplace accident. By obtaining these benefits, workers are generally prohibited from filing a lawsuit against their employer for additional damages. However, if a third party contributed to their injury, workers can pursue a lawsuit against that third party.

Why You Might Want to Pursue a Third-Party Claim

Although workers’ compensation benefits are intended to cover your medical expenses and lost wages that resulted from your work accident, they do not cover other damages, like pain and suffering, loss of quality of life, and punitive damages. In order to obtain compensation for these considerations, you would have to file a personal injury lawsuit. If a third party is responsible for your work-related injury, you may be able to file a claim against that person or entity.

There are several situations in which a third party may be held liable for your work injury, including:

• Car accident – If you are required to drive a vehicle for your job and another driver hits you while you are on the clock, the at-fault driver may be held responsible for the damages.

• Premises liability – If you are injured on someone else’s property because of negligence, the property owner may be liable. For instance, if you are a delivery driver, and you slip on ice while walking up to a customer’s house, you may be able to file a third-party lawsuit against the property owner.

• Product liability - If you are injured by a defective or dangerous product on the job, such as a defective nail gun, you may have grounds to sue the product manufacturer. 

Why Not Both?

In most situations, an injured employee will only be eligible for workers’ compensation benefits. In certain cases, however, a third-party negligence claim might be appropriate. The good news is that if another party’s negligence contributed to your work-related injury, you will not need to choose between the two. Depending on the situation, you may be able to file a third-party negligence claim in addition to your workers’ compensation claim and collect benefits and damages from both claims. A skilled attorney can help you decide on your best course of action.

Contact a Larimer County Third Party Claims Lawyer

If you want to pursue a personal injury lawsuit against a third party after a work-related accident, you should speak to an experienced Greeley third-party claims attorney. At Hoggatt Law Office, P.C. we will thoroughly assess your case and determine if you have grounds to sue a third party for your injuries. Call us at 970-225-2190 to schedule a free consultation. 

Sources:

https://cdle.colorado.gov/dwc/employers

https://cdle.colorado.gov/employers/insurance-coverage