Can I File a Personal Injury Claim for a Workplace Accident?

While most people associate workplace injuries with workers’ compensation claims, some incidents also qualify for a personal injury claim. You may have the right to pursue additional compensation if a third party’s negligence caused your injury or if your employer acted with intentional harm or gross negligence.

Let’s explore what personal injury claims for workplace accidents involve and when you can file them.

What Is a Personal Injury Claim for a Workplace Accident?

A personal injury claim for a workplace accident is a legal action filed by an injured worker seeking compensation beyond what workers’ compensation provides. 

Unlike workers’ compensation claims, which cover medical expenses and a portion of lost wages, personal injury claims can provide additional damages for pain and suffering, emotional distress, and loss of earning capacity.

The key difference between personal injury claims and workers’ compensation claims is the element of fault. Workers’ compensation is a no-fault system, meaning you can receive benefits regardless of who caused the accident. However, personal injury claims require proving that another party’s negligence or intentional actions directly caused your injuries.

In some cases, both workers’ compensation and personal injury claims can apply, allowing you to pursue maximum compensation for your losses.

When Can You File a Personal Injury Claim for a Workplace Accident?

In Colorado, most workplace injuries are handled through workers’ compensation. However, personal injury claims are possible in certain situations where someone other than your employer caused your injuries or if your employer acted with intentional harm or gross negligence. Let’s break down these scenarios in more detail:

Third-Party Negligence

Personal injury claims may apply when a third party’s negligence contributed to your workplace accident. Third parties can include contractors, subcontractors, equipment manufacturers, or property owners who are not your employer.

Examples of third-party negligence include:

• Defective equipment causing injury.
• Unsafe premises owned by someone other than your employer.
• Vehicle accidents that occur during work-related duties.

In these cases, you can file a personal injury claim against the negligent third party while still receiving workers’ compensation benefits from your employer.

Employer Gross Negligence or Intentional Harm

Employers are generally protected from personal injury lawsuits under the workers’ compensation system. However, exceptions exist when an employer’s actions go beyond negligence. You may have a claim if your employer’s willful misconduct, intentional harm, or gross negligence directly caused your injury.

Additionally, violations of Colorado Occupational Safety and Health Act (OSHA) standards can also support a personal injury claim if your employer willfully disregarded safety regulations, putting you at risk. During a free consultation, an experienced attorney at Boesen Law can help determine whether your employer’s actions meet the legal threshold for a personal injury claim.

Toxic Substance Exposure

Exposure to harmful chemicals or toxic substances can result in severe, long-term health issues. These claims often require extensive medical evidence to establish a link between the exposure and the illness. Medical records, expert testimony, and documentation of unsafe working conditions are essential for building a strong case.

You can file a personal injury claim involving toxic substance exposure against third parties, such as manufacturers of hazardous materials, or against employers who intentionally disregarded safety protocols.

Common Workplace Accidents Leading to Personal Injury Claims

Here are some of the most common workplace accidents that qualify for personal injury claims:

• Construction site accidents
• Slip and falls at a client’s property
• Work-related car accidents
• Electrocutions
• Machinery malfunctions

If you were hurt in any of these accidents, consult a lawyer to evaluate your legal options. Additionally, according to C.R.S. § 13-80-102, you generally have two years from the date of your injury to file a personal injury claim. Missing this deadline can result in losing your right to seek compensation, so make sure you act promptly.

How to File a Personal Injury Claim for a Workplace Accident

Filing a personal injury claim for a workplace accident involves the following steps:

Step 1: Seek Medical Attention

Immediately seek medical care after the accident. Medical records serve as critical evidence in proving the extent of your injuries and linking them to the incident.

Step 2: Report the Accident

Notify your employer of the accident as soon as possible. If the injury resulted from unsafe working conditions, consider contacting OSHA to report safety violations.

Step 3: Gather Evidence

Collect evidence to support your claim, including:

• Photos of the accident scene.
• Witness statements.
• Medical bills and treatment records.

This evidence will help establish the cause of the injury, prove negligence, and demonstrate the extent of your damages, which is crucial for negotiating a fair settlement or winning a lawsuit.

Step 4: Consult a Personal Injury Lawyer

Hiring an experienced attorney is essential for handling workplace accident claims. At Boesen Law, we can guide you through the legal process, gather evidence, negotiate with insurance companies, and pursue maximum compensation on your behalf.

What Compensation Can You Recover in a Personal Injury Claim?

Depending on the nature of your injury, you may be entitled to recover:

• Medical expenses (past and future): Compensation for all related medical bills, including ongoing treatments.
• Lost wages: Reimbursement for income lost due to your injury and inability to work.
• Pain and suffering: Damages for physical pain, emotional distress, and diminished quality of life.
• Emotional distress: Compensation for psychological effects caused by the accident.
• Loss of earning capacity: Payment for the reduced ability to earn income in the future.

Why Choose Boesen Law for Your Workplace Accident Claim?

At Boesen Law, we have successfully handled workplace accident claims throughout Colorado, securing millions in compensation for our clients (as shown in our case results). 

Choosing our legal team means having a dedicated workplace accident attorney who prioritize your rights and work tirelessly to secure fair compensation. We provide personalized attention, guide you through the legal process, and handle all negotiations, so you can focus on recovery while we fight for the best possible outcome.

Contact Boesen Law for a Free Workplace Accident Consultation

If you’ve been hurt at work, our experienced workers’ compensation lawyers are here to help you understand your options and build a strong case. 

Contact us today to schedule a free consultation and take the first step toward securing your recovery.