Injury Lawsuits vs. Workers' Comp Claims
Did you know you can't sue your employer for an on-the-job injury or occupational illness? In exchange for receiving workers' compensation benefits, employees give up the right to sue their employers for injuries and illnesses that happen on the job.
Before workers' compensation laws became common, employees were able to sue their employers in court. They had to prove that the employer was negligent and that this negligence was responsible for the employee's injury. These court battles consumed an enormous amount of time and money for both workers and employers.
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Workers' compensation insurance was introduced to compensate workers for all on-the-job injuries and occupational illnesses, whether or not negligence was involved.
Colorado's workers' compensation law is extremely harsh toward employees. Unlike many other states, employees in Colorado cannot sue their employer if they were injured due to the employer's negligence.
For example, if your boss ordered you to walk out onto scaffolding he knew to be dangerous and you were injured when it collapsed, you cannot sue. However, if a third party—someone other than you or your employer—erected the dangerous scaffolding, you could file a lawsuit against that third party. Injured workers generally receive more compensation in third party claims than in workers' compensation benefits.
Comprehensive Legal Services for the Injured
At the Frickey Law Firm our attorneys can determine whether or not you have a valid injury claim against a third party. If so, one of our personal injury lawyers will pursue full compensation for your injuries, medical expenses, lost wages, and pain and suffering.
If your injury does not involve a negligent third party, our workers' compensation attorneys will help you receive the full amount of workers' comp benefits you deserve.
If you have become permanently disabled and can no longer work at any job we can help you receive Social Security Disability benefits.
To discuss your legal concerns, please do not hesitate to contact us to arrange a free consultation and case evaluation.
To learn more about workers' compensation, please visit our workers' comp information center.
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