Free Consultations719.602.5888 303.805.4900 Offices in Colorado Springs, Pueblo, and the Denver Metro Area
Experienced Workers' Compensation Attorneys Contact Our Firm to Move Forward with Your Case

Third Party Liability in Workers' Comp Claims

What is "third party liability"?

The purpose of workers' compensation insurance is twofold. On the one hand, it makes it possible for the injured employee to recover benefits for a workplace accident without the necessity of proving that the employer is at fault for causing the injury. At the same time, it shields the employer from behind held liable for an accident caused by the employer's negligent actions or omissions. With a workers' compensation policy in place, the employer cannot be sued by the employee. In some situations, however, it is possible to sue a third party such as a subcontractor, an automobile driver, a manufacturer or a property owner.

Why would I want to sue a third party?

The unfortunate fact about workers' comp benefits is that they are notoriously limited. While you will be able to receive payment for all of the medical treatment your injury requires, the amount you can receive in disability benefits is limited to only two-thirds of your average weekly wages in most cases. By suing a third party, you could not only secure justice by holding that person accountable for causing the accident, but could also receive compensation for all of your lost wages and medical expenses, in addition to monetary damages for your pain and suffering. A personal injury or wrongful death claim, in other words, has the potential of fully offsetting your losses.

Common examples of cases in which a third party may be liable include car accidents, injuries caused by defective equipment or machinery, accidents occurring on property not owned or managed by the employer, and injuries resulting from the negligence of a subcontractor on the jobsite. The amount you recover in your accident claim may be in addition to the benefits you receive through workers' compensation.

To learn whether you may have grounds to file a personal injury or wrongful death claim, contact us now at Clawson & Clawson, LLP.

Awards

  • client champion
  • best lawyer
  • Lawyers of Distinction
  • Top 100 - National Trial Lawyers Association
  • Million Dollar Advocates Forum
  • Nation's Top One Percent
  • The Gazette - Best of the Springs
  • Better Business Bureau
  • Lead Counsel Rated
  • America's Top 100 Attorneys
  • 2016 - Best of Colorado Springs
  • 2 Years - 10 Best Law Firm for Client Satisfaction
  • The National Society of Legal Advocates
  • NAFLA Top Ten Ranking - 2017
  • 10.0 Avvo Rating - Top Family Attorneys

Client Reviews

  • “They are honest and they are willing to work hard to help you during every step of your divorce.”

    Kyren

  • “Within a month Mr. Clawson had the case in front of a judge that ruled in my favor.”

    Former Client

  • “I will always be thankful for all the love and kindness everyone in the office has given me.”

    John

  • “They know how to apply the law, how to work with the judge, and how to deal with the opposing party, and were always attentive to my concerns and priorities, including concerns of cost. ”

    David S.

  • “Clawson and Clawson went beyond just knowing exactly how to handle my case but knew the emotions and feelings going through my case and also provided guidance through my case. ”

    Joseph Lawson

Contact Us Today

All Consultations Are Free and Confidential
  • Please enter your name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.