Why Can't I Sue My Employer?

Individuals injured on the job cannot sue their employer. 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.

However, a third party can be sued if the injury was sustained due to its negligence. At The Frickey Law Firm, we help clients understand workers' compensation law, and guide them through the process of litigating a third party if necessary. We offer free consultations. Contact us now to find out more.

Workers' Compensation Law - History

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.

Workers' compensation insurance was first introduced to compensate workers for all on-the-job injuries and occupational illnesses, whether or not negligence was involved.

The Difficulties of Workers' Compensation Law

Colorado's workers' compensation law is extremely harsh in regards to the bar against allowing employees sue their employer even if their employer was negligent and that negligence caused a workplace injury.

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 him. However, if a third party - someone other than you or your employer - erected the dangerous scaffolding, you could potentially file a lawsuit against them. Injured workers generally receive more compensation in third party claims than in workers' compensation benefits.

Third-party liability is common in construction accidents. Construction companies often work with third party contractors and suppliers. If an accident occurs due to a negligent third party, it may be possible to file a lawsuit against these companies. In order to determine whether or not you can sue a company a legal analysis of the relationship between the companies on the job site will be necessary. You need an experience law firm to help you with that analysis. Based upon the law when liability is being considered and multiple contractors and subcontractors are involved, it is not always possible to sue all of those parties that may be involved. If you need help with this analysis. Contact us to find out more.

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 seek Social Security Disability benefits.

To discuss your legal concerns, please 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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