Workers’ Comp Vs. Personal Injury Claim: Which Applies?

 Posted on November 11, 2024 in Workers' Compensation

In Colorado, employers are required to carry workers’ compensation insurance policies to provide benefits to employees who are injured at work or become ill due to work-related causes. As an injured employee, you may wonder if workers’ comp should cover your accident and resulting injuries or whether you can file a personal injury claim to receive compensation.

The answer: it depends on the circumstances surrounding your accident. For the smoothest process, you can partner with a Fort Collins, CO  attorney who handles both workers’ compensation and personal injury cases. When you choose Hoggatt Law Office, P.C., we can explain your legal options and help you decide how to proceed. Se Habla Espanol.

Understanding Colorado Workers’ Comp

Workers’ compensation benefits should apply if you are hurt at work, regardless of fault. These benefits cover your medical expenses and a portion of your lost wages. They can also provide disability benefits if you qualify. However, unlike personal injury claims, you cannot receive compensation for emotional or mental anguish and other conditions that affect your quality of life.

When you accept workers’ comp benefits, you usually waive your right to file a personal injury claim against your employer. However, some exceptions may apply. For instance, if your employer does not have workers’ comp insurance, he intentionally caused your injury, or was wantonly negligent, you might be able to pursue a personal injury claim against him. The best way to verify your eligibility is to call Hoggatt Law Office, P.C..

Personal Injury Claims in Colorado

Most personal injury claims are based on negligence and proving fault. Some work-related accidents may happen due to another party’s negligence, which means that party failed to behave responsibly to avoid injuring others. For example:

• If you are driving while on the clock or performing work duties, another motorist can cause a car accident that injures you.

• A member of another company’s crew could injure you at your construction site.

• A person making a delivery to your workplace could injure you.

• Defective or malfunctioning equipment could cause your injury, with the manufacturer being potentially liable.

If your situation qualifies for a personal injury claim, you might obtain compensation for various damages, such as:

• Medical expenses

• Lost wages

• Property damage

• Replacement services

• Pain and suffering

• Permanent disfigurement

• Depression, anxiety, and PTSD

Sometimes, you could qualify to collect both workers’ comp benefits and a personal injury recovery. However, eligibility does not mean getting the benefits or payment you deserve will be easy. Whether you are dealing with a workers’ comp or personal injury claim, the insurance company will likely try various tactics to reduce or eliminate your compensation.

Call Our Knowledgeable Fort Collins, CO Workers’ Compensation Lawyer

Choosing an experienced lawyer from Hoggatt Law Office, P.C. who understands the applicable laws and your options for compensation through workers’ comp and personal injury claims can streamline your claims processes and increase the likelihood of favorable outcomes. Call us at 970-225-2190 to schedule your free consultation with our dedicated Larimer County, CO personal injury attorney.