By: Adam Smestad, Black Blink & Associates, 719-694-0578
When you get hurt at work, one of the most common questions is: Do I have a workers’ compensation claim or a personal injury claim?
Depending on how the accident happened and who caused it, you may have a workers’ compensation claim, a third-party personal injury claim, or—in some cases—both.
Understanding the difference can have a significant impact on the compensation you may be entitled to receive.
What Is a Workers’ Compensation Claim?
Workers’ compensation is designed to provide benefits to employees who are injured on the job, regardless of who was at fault.
In exchange for those guaranteed benefits, Colorado law generally prevents an injured employee from suing his or her employer for negligence. This is known as the exclusive remedy rule. See C.R.S. §§ 8-41-102 and 8-41-104.
Workers’ compensation benefits are different than personal injury claims. Workers’ compensation benefits may include:
- Medical treatment;
- Partial wage replacement while you’re unable to work;
- Permanent impairment benefits, if applicable; and
- Vocational rehabilitation in certain circumstances.
Unlike a personal injury lawsuit, workers’ compensation generally does not compensate you for pain and suffering, emotional distress, or loss of enjoyment of life.
What Is a Third-Party Personal Injury Claim?
A third-party claim, or more commonly known as a personal injury claim, arises when a third party – someone other than your employer or a co-employee - caused your injury, whether at work or elsewhere.
Common examples include:
- A distracted driver hitting you while you are driving for work;
- A negligent subcontractor on a construction site;
- A defective product or piece of equipment;
- A negligent property owner;
- An outside vendor or contractor.
In those situations, you may be able to file a negligence lawsuit against the responsible third party while also pursuing workers’ compensation benefits.
Colorado law recognizes negligence claims against third parties whose conduct causes injury. See C.R.S. § 13-21-111.
Why Does the Difference Matter?
The difference can be substantial.
A workers’ compensation claim provides important benefits, but those benefits are limited by statute.
Personal injury claims, however, allow for much broader damages to recover. In addition to those items included in a workers’ compensation claim, a third-party personal injury claim may allow you to recover for:
- Pain and suffering;
- Emotional distress;
- Loss of enjoyment of life;
- Full lost wages and earning capacity, where appropriate; and
- Other damages permitted under Colorado law.
Depending on the facts, a third-party claim may result in significantly greater compensation than workers’ compensation benefits alone.
Can I Have Both a Workers’ Compensation AND personal injury case?
Yes.
Many injured workers have both a workers’ compensation claim and a third-party negligence claim arising from the same accident.
For example, imagine you are driving for work when another driver runs a red light and causes a crash.
Your workers’ compensation insurance may pay your medical bills and wage-loss benefits.
At the same time, you may also have a negligence claim against the at-fault driver.
If both claims exist, Colorado law provides that the workers’ compensation carrier may have a right to reimbursement (known as subrogation) from portions of any third-party recovery. See C.R.S. § 8-41-203.
Properly coordinating these claims is critical to maximizing your recovery.
Don’t Assume You Only Have One Claim
One of the biggest mistakes I see is someone accepting that they “just have workers’ comp” without asking whether another person or company may have contributed to the accident.
Construction accidents.
Commercial vehicle crashes.
Delivery driver collisions.
Defective machinery.
Unsafe job sites.
These situations frequently involve multiple parties and multiple insurance policies.
An experienced personal injury attorney can investigate the accident, identify every potentially responsible party, and determine whether additional compensation may be available.
The Bottom Line
Just because you were injured at work does not automatically mean your only remedy is workers’ compensation.
Many workplace accidents involve negligent third parties, opening the door to a separate personal injury claim that may provide compensation unavailable through workers’ compensation alone.
If you’ve been injured on the job, don’t assume you know what type of case you have.
A consultation with an experienced attorney can help you understand your rights, identify every available source of recovery, and ensure you don’t leave compensation on the table.
If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call BBlack, Blink, & Associates LLC at 719-694-0578 now for a free consultation.
Sources
- C.R.S. § 8-41-102 – Workers’ Compensation Act as the exclusive remedy against complying employers.
- C.R.S. § 8-41-104 – Employer immunity under the Workers’ Compensation Act.
- C.R.S. § 8-41-203 – Subrogation rights when a third party is responsible for a workplace injury.
- C.R.S. § 13-21-111 – Comparative negligence in Colorado negligence actions.
- Kandt v. Evans, 645 P.2d 1300 (Colo. 1982) (discussing the exclusive-remedy provisions of the Workers’ Compensation Act).
- Miller v. Byrne, 916 P.2d 566 (Colo. App. 1995) (discussing an employer’s workers’ compensation subrogation rights following a third-party recovery).