Unfortunately, suffering an injury is a risk to any job. According to the United States Bureau of Labor Statistics, nearly three million nonfatal workplace injuries were reported in the private sector in 2020. During the same period, 4,764 fatal workplace injuries in the private sector were reported. Workers’ compensation. Workers’ compensation laws provide employees benefits for medical expenses, lost wages, permanent disability, and disfigurement.
If you were injured while on the job, you may have questions about how to proceed. For example, you may be wondering who is responsible for paying for medical care or how you will make ends meet while off work. Fortunately, there are legal options for you to recover compensation following a workplace accident. While workers’ compensation is the most familiar option, you may also be able to pursue a personal injury claim. In what follows, the injury lawyers at Bowman Law will discuss your options for recovery after a workplace accident.
After an injury on the job, it is important to understand your legal rights. You may have multiple options for filing a claim. Below, our injury lawyers identify the differences between workers’ compensation and personal injury claims.
The most significant difference between workers’ compensation and a personal injury is the determination of fault. Workers’ compensation is a no-fault system, meaning an injured party does not need to prove who caused the injuries or how they were caused. Employers can only be sued in limited circumstances.
If, however, you are injured by a third party outside your employer’s control, you can pursue a personal injury claim against that negligent party. Perhaps the most common instance of party negligence is being hit by a driver while driving for your job. Liable parties may also include the owner of the property where you were injured (premises liability claim) or the manufacturer of a product that caused your injuries (defective product claim). In cases that involve both workers’ compensation and personal injury, an experienced injury lawyers will help you navigate the process to recover from the responsible party.
Another key difference between workers’ compensation and personal injury involves compensation for damages. Under the workers’ compensation system, you can only recover some of your losses. This includes medical expenses for treatment approved by a workers’ compensation doctor, two-thirds of your lost wages (subject to a statutory maximum), permanent, partial or total disability benefits if your injury prevents you from continuing to work, and sick travel reimbursement. Workers’ compensation does not include benefits for non-economic damages, such as pain and suffering you experienced as a result of your injuries. Additionally, you cannot recover for future economic expenses and/or future lost wages.
In a personal injury claim, you can seek recovery of all damages arising from the accident. This includes present and future medical expenses, past and future lost wages, loss of earning capacity, and all other quantifiable economic damages. It also includes pain and suffering damages and permanent impairment.
After a workplace injury, it is important to immediately notify your employer. Upon receipt of notification of an injury, your employer has a duty to report the accident to its workers’ compensation insurance carrier. Your employer’s workers’ compensation carrier will review the claim to determine what benefits (if any) you are entitled to receive. If the claim is denied, you have a right to appeal. Prior to a hearing, however, you may be required to participate in mediation.
Personal injury claims are handled differently. The first step in a personal injury case is to file a claim with the at-fault party’s insurance carrier. This is typically handled through a negligent party’s third-party insurance carrier or homeowner’s/renter’s insurance. Once a personal injury claim has been filed, you will need to focus on your recovery. When you have completed treatment, you will want to collect all necessary documentation and present it to the third-party carrier in the form of a settlement demand. The insurance companies may agree to a fair settlement offer in lieu of litigation. Alternatively, if the third-party insurance carrier denies liability, you may need to retain injury lawyers to file a lawsuit on your behalf.
Both workers’ compensation and personal injury claims are subject to strict deadlines. In most circumstances, you will lose your right to receive any compensation if you fail to take the necessary legal action within the allotted deadlines.
Workers’ compensation claims must be filed within two years of being injured on the job. While this is incredibly important, it is equally important to understand another important pressing deadline. Specifically, workers are required to notify employers of an accident on the job within 30 days. Failure to provide notice may result in the workers’ compensation carrier denying your claim.
The Statute of Limitations for personal injury claims depends on the type of claim. While most negligence claims carry a two-year Statute of Limitations, you will have three years to file suit after any car accident in Colorado. While you may have time to file a lawsuit against the at-fault party, we cannot overstress the importance of consulting with injury lawyers as soon as possible.
Colorado law entitles workers’ compensation carriers to be reimbursed out of any personal injury settlement for any amount paid and/or any amount that will be paid in the future. Unfortunately, you must address and reimburse the workers’ compensation carrier for the money spent on your medical care.
Pinnacol is Colorado’s largest workers’ compensation insurance company. Our injury lawyers constantly work with Pinnacol and other workers’ compensation insurance companies while pursuing personal injury claims. Our injury lawyers can advise you how the workers’ compensation lien will affect your personal injury settlement. In addition, our injury lawyers have experience negotiating with workers’ compensation carriers to put as much money as possible in your pocket.
Notably, the workers’ compensation carrier is required to pay for attorney’s fees and litigation expenses incurred during recovery of the personal injury proceeds. Essentially, the workers’ compensation carrier reduces its subrogation right as a fee for the personal injury attorney doing the work to recover the money on the injured party’s behalf.
For example, many contingency fee agreements allow the personal injury attorney to be paid one-third of the recovery. Assume the injured worker resolves their personal injury claim for $30,000.00 and there is a workers’ compensation lien for $15,000.00. Without further negotiations, the workers’ compensation insurance company would be entitled to the full $15,000.00. However, the insurance company would be required to reduce its subrogation right by $5,000.00, or one-third of its lien, as a fee for the personal injury attorney recovering the funds.
It is also important to recognize that filing a workers’ compensation claim does not preclude you from pursuing a personal injury claim, or vice versa. While most people injured at work have a claim for workers’ compensation benefits, not everyone will be able to sue. Prompt investigation is key for determining your rights and legal options following a workplace accident. If negligence was a factor, our injury lawyers can help you navigate the claims process.
Colorado’s workers’ compensation law requires any business with one or more employees to carry workers’ compensation insurance. Any employee, whether full-time or part-time, must be covered. Common causes of work-related injuries covered under workers’ compensation include:
You may also be able to file a claim based on illnesses that occur instantly or develop over a period due to your job. A work-related, or “occupational illness,” must be directly caused by work activities. Pre-existing conditions or illnesses do not qualify for workers’ compensation even if they are further exacerbated by your work environment.
Work-related injuries do not need to have occurred at your job site or office. Many people are injured while operating a vehicle as part of their job. Common work-related accidents involve drivers who are performing various tasks, such as:
Workers’ compensation in Colorado covers the following damages suffered due to work-related injuries:
There are limited exemptions that do not require employers to cover certain individuals. These include:
To be covered by workers’ compensation, the injury must have happened on the job while performing work-related duties. Contributory negligence on the part of the employee may also reduce or eliminate workers’ compensation benefits. Likewise, benefits will be denied if an investigation finds you intentionally injured yourself.
Employers have several duties when faced with a potential workers’ compensation claim, including:
Workers’ compensation benefits will usually end once a doctor determines the injured worker reaches “maximum medical improvement” (MMI). This means a doctor has determined you have reached the maximum improvement possible and additional treatment will essentially not provide additional improvement. Notably, this does not necessarily mean you are returned to “pre-injury status,” as that is not possible in every case.
The workers’ compensation insurance company must provide at least two options for medical treatment. If they do not, you may choose a doctor. Most of the time, the workers’ compensation insurance company will provide you with a medical provider. The insurance company may request to reassign you to another medical provider of their choice at their expense.
Personal injury claims are much larger in scope than Workers’ Compensation claims. Generally, personal injury claims can recover a wider range of injuries beyond medical bills and the effect of your ability to work. The following is a non-exhaustive list of damages you can recover in a personal injury claim:
An experienced personal injury attorney can guide you through the potential sources of compensation that go beyond your workers’ compensation claim.
If you have been involved in an accident in Colorado, call our injury lawyers at Bowman Law LLC at 720.863.6904 or email us for your free consultation. Our attorneys handle a wide range of personal injury cases, including Motor Vehicle Accidents, Bicycle Accidents, Pedestrian Accidents, Slip & Fall Accidents, and Dog Bites & Attacks. We serve Arvada, Aurora, Boulder, Broomfield, Denver, Commerce City, Lakewood, Littleton, Thornton, Westminster, Wheat Ridge, and other parts of metropolitan Denver, Colorado.
While he enjoyed the rigors, and occasional madness, of day-to-day politics, Paul knew early in college that he was destined for a career in law. The lawmaking process was intriguing, but what really interested Paul in the law was the ability to help individuals in so many ways. Paul set out to pursue his legal career, enrolling in Seton Hall University School of Law immediately upon completing undergraduate in 2013. In law school, Paul earned the Samuel J. Heyman fellowship in public service, working in the Office of the Attorney General and in the legal department of the United States Postal Service. Paul also worked in private practice while in law school, including significant time at a plaintiff’s personal injury firm in northern New Jersey.
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