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When a person is injured while working, they are entitled to compensation for their damages. In Colorado, an employee can get compensated through worker’s compensation or filing a third-party liability claim. But just how do the two claims relate? How can you benefit from a third-party claim? Join us to explore the role of third-party liability in Colorado’s compensation cases. We will also discuss the distinctions and how to benefit from it.
Worker’s compensation is designed to provide financial and medical benefits to employees who suffer work-related injuries or illnesses. It typically covers medical expenses, lost wages, and rehabilitation costs — offering a safety net for workers in the event of an unfortunate incident on the job. Claims in Colorado are generally straightforward. When an employee is injured on the job, they can file a claim with their employer’s insurance carrier. The insurance carrier then assesses the claim and provides compensation accordingly. However, this process does not always cover every aspect of an injury, especially when third parties are involved.
Third-party liability comes into play when someone other than the employer or the injured worker is responsible for the injury. In the context of workers’ compensation, a third party could be a manufacturer of defective equipment, a negligent driver in a work-related accident, or any other entity not directly connected to the employer-employee relationship.
It is crucial to understand the distinctions between pursuing a third-party injury claim and filing a workers’ compensation claim. The key differentiating factors are;
So, in which situations can you file a third-party liability claim? Here are some scenarios where employees are eligible for third-party liability claims.
In cases where an employee is injured due to a defective product (like malfunctioning machinery or faulty safety equipment), the manufacturer or distributor of the defective product may be held liable.
Work-related accidents involving vehicles often open the door to third-party liability. If the accident is caused by another driver’s negligence, the injured worker can pursue a claim against the at-fault driver.
If a workplace is not owned by the employer, injuries resulting from dangerous conditions on the premises may lead to a premises liability claim against the property owner.
While workers’ compensation provides essential benefits, pursuing a third-party claim can offer additional advantages to the injured worker. These may include:
Have you or your loved one been injured while at work? Sustaining work-related injuries can be devastating. You may not be able to work for a while and lose your source of income. This is why you need to seek compensation. At The Law Offices of W. Dan Mahoney, P.C., we have a highly experienced team of Colorado worker compensation attorneys ready to help you. We will fight for your rights and ensure you get the compensation you deserve. Get in touch with us today.