Principle Attorney
If you were hurt at work in Colorado, your first step will usually be a workers’ compensation claim, even if no one was clearly at fault. But that is not always your only option. If someone other than your employer contributed to what happened, you may have the right to file a personal injury claim as well, and in some situations, that may be the stronger path. The right approach depends on who caused your injuries and the full extent of your losses, and that choice can directly affect how much compensation you are able to recover.
What Is the Difference Between Workers’ Comp and a Personal Injury Claim?
Workers’ compensation is a no-fault system. If you are injured in the course of your job, you can receive benefits without proving your employer did anything wrong. In exchange, you generally cannot sue your employer for negligence.
A personal injury claim is different. You must prove that another party acted carelessly and caused your injuries. These cases are filed in civil court and allow for a broader range of damages.
In simple terms:
- Workers’ comp does not require proof of fault, but limits what you can recover
- Personal injury requires proof of fault, but allows recovery for additional damages such as pain and suffering
Understanding this distinction is the first step in determining which claim applies to you.
When Does Workers’ Compensation Apply in Colorado?
Workers’ compensation typically applies when you are injured while performing your job duties. This includes more than sudden accidents.
Covered injuries may involve:
- Slip and fall accidents at work
- Injuries from lifting or operating equipment
- Repetitive stress injuries
- Certain occupational illnesses
Workers’ compensation benefits may include medical treatment, partial wage replacement, permanent disability benefits, and, in some cases, vocational rehabilitation.
You do not need to prove your employer was careless. However, benefits are limited. Workers’ compensation does not pay for pain and suffering or emotional distress, and wage replacement is only a percentage of what you earned.
When Can You File a Personal Injury Claim After a Workplace Injury?
You may be able to file a personal injury claim if a third party, someone other than your employer or coworker, contributed to your injury.
Common examples include:
- A driver who hits you while you are making a delivery
- A subcontractor who creates a hazardous condition on a job site
- A manufacturer that produces defective equipment
- A property owner who fails to maintain safe premises
In these situations, you may pursue a third-party personal injury claim while also receiving workers’ compensation benefits.
A personal injury claim may allow you to seek:
- Full lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
There are rules about how these claims interact. If you recover money from a third-party case, the workers’ compensation insurer may seek reimbursement for certain benefits it paid. We help you understand how that process works and how it affects your overall recovery.
What If Your Employer Was at Fault?
In most cases, workers’ compensation is your exclusive remedy against your employer, even if the employer’s negligence contributed to the accident.
There are limited exceptions. For example, if an employer intentionally caused harm or failed to carry required workers’ compensation insurance, a separate legal claim may be possible. These situations are less common, but they can change the direction of your case.
How Do You Know Which Option Is Right for You?
Start with a few key questions:
- Were you acting within the scope of your job when you were injured?
- Was a third party involved in causing the accident?
- Are your losses greater than what workers’ compensation will cover?
Small details matter. Who owned the property, who maintained the equipment, and who controlled the worksite can all affect your options.
When you’re dealing with medical treatment and time away from work, it is not always clear which path protects your interests. We take a close look at the facts, identify all potential sources of recovery, and explain your options in straightforward terms.
Protect Your Right to Full Compensation
The choices you make early in your case can shape the outcome. Assuming you only have a workers’ compensation claim, or missing a potential third-party case, can limit what you recover.
At the Law Offices of Dianne Sawaya, LLC, we work with injured Coloradans to determine whether a workers’ compensation claim, a personal injury claim, or both are available. If you were hurt on the job and have questions about your options, contact us for a free consultation. We will review your situation and help you move forward with a clear plan.