Workplace TBIs in Colorado: Workers’ Compensation vs. Personal Injury Claims

Why Understanding Your Legal Options After a Work-Related TBI Matters

A traumatic brain injury at work immediately raises a legal fork in the road: Colorado’s no-fault workers’ compensation system versus a negligence claim against a third party. That choice dictates whether you’re limited to medical care and partial wage checks or can also pursue pain and suffering, loss of enjoyment of life, and full loss of earning capacity.

In this article, our Denver workers’ compensation lawyers guide injured employees across Colorado through these decisions – especially when a TBI makes returning to the same job unrealistic.

For answers to your questions, call:
(303) 999-9999

What Is a TBI and How Does It Happen at Work?

A traumatic brain injury is caused by an external force that disrupts normal brain function. On Colorado job sites, that force might be a fall from scaffolding, a forklift collision, a tool dropped from a mezzanine, an assault in a hospital corridor, or an equipment malfunction. An injury is compensable when it “arises out of and in the course of employment,” the standard set in C.R.S. § 8-41-301.

Common Workplace Causes of Brain Trauma

• Falls from ladders, scaffolds, or unfinished structures
• Strikes from dropped tools or unsecured loads
• Crashes involving trucks, forklifts, or delivery vans while on duty
• Violence in healthcare or other public-facing roles
• Malfunctioning or unguarded machinery that creates product-liability exposure

Colorado private employers reported 54,800 nonfatal workplace injuries and illnesses in a year, including 34,600 cases serious enough to cause days away from work, restrictions, or transfers, according to the U.S. Bureau of Labor Statistics news release for Colorado.

Types of TBIs Seen in Workplace Claims

• Concussions that produce lasting headaches, dizziness, and memory issues – even when scans are “normal”
• Contusions involving bleeding in the brain that may require hospitalization
• Coup-contrecoup injuries from sudden deceleration, damaging both sides of the brain
• Penetrating injuries caused by tools or debris piercing the skull
• Diffuse axonal injuries from violent rotation or acceleration that routine imaging often misses

One result on our docket illustrates the dynamics: a roofer fell two stories and suffered a brain bleed along with fractures; Boesen Law obtained $243,000 in workers’ compensation, covering medical care and future needs – an outcome that also raised potential subcontractor liability if another company’s conduct contributed to the fall.

Workers’ Compensation: The No-Fault Route in Colorado

With workers’ compensation, you don’t need to prove negligence – only that the injury was work-related. Benefits include:

• Medical care tied to the injury
• Partial wage replacement, typically two-thirds of the average weekly wage
• Permanent disability benefits when a TBI leaves lasting impairment

Workers’ comp does not pay for pain and suffering or the full measure of diminished earning capacity, which is why third-party liability can matter so much in serious brain injury cases.

When Workers’ Comp Applies

You must be legally an employee, and the injury must occur in the course of employment – from a fall on a construction site to a crash while making deliveries. If another company, a product manufacturer, or a non-employer driver created the hazard, the law may also allow a negligence claim against that third party.

Personal Injury Lawsuits: When You Can Sue for a Workplace TBI

Although employees generally cannot sue their own employers, Colorado law permits negligence actions against third parties when their conduct contributes to a workplace injury.

Third-Party Liability Examples

• Defective tools or machines that fail during normal use (product liability)
• Unsafe practices by subcontractors on the same job site
• Careless drivers who collide with workers performing job duties on the road

What You Can Recover Through a Lawsuit

A negligence claim allows you to pursue full medical costs (past and future), complete wage loss and diminished earning capacity, pain and suffering, loss of enjoyment of life, and punitive damages when conduct is reckless or willful. In some situations, you may be able to sue outside workers’ compensation in Colorado – such as cases involving subcontractor negligence, defective equipment, or an at-fault driver during a work errand.

Can You File Both a Workers’ Comp Claim and a Personal Injury Lawsuit?

In specific scenarios, yes.

When Dual Claims Are Possible

A delivery driver hit by a negligent motorist or a laborer injured by a subcontractor’s dropped tool may have workers’ comp for medical/wage benefits and, at the same time, a negligence action against the third party for the broader tort damages. Recovery must be structured to avoid double-counting categories already covered by comp.

How Boesen Law Handles Work-Related TBI Cases Across Colorado

We routinely manage cases where a workers’ comp claim and a third-party lawsuit must move in tandem, matching medical proof to legal elements so neither case undercuts the other. Coverage disputes and benefit limits are common in head-injury claims because insurers often challenge the severity or work-relatedness of TBIs. Many symptoms are subjective and may not appear on standard imaging, leading to denied claims or premature benefit termination. An experienced attorney can help navigate these challenges by securing proper neurological evaluations and countering insurer tactics that minimize long-term cognitive impairments.

Contact us today for a free consultation to learn how we can support you following a workplace TBI.

FAQs About Work-Related TBIs in Colorado

Can I sue my employer for my TBI?

No. Colorado’s exclusive-remedy rule bars most suits against employers. However, you can bring negligence claims against third parties such as subcontractors, manufacturers, or at-fault drivers.

What if my symptoms appeared weeks after the accident?

Delayed onset is common with TBIs. Report the connection to your employer as soon as you recognize it. Written notice must be given within 10 days under C.R.S. § 8-43-102.

Will I lose my job if I file for workers’ comp?

No. Retaliation for asserting workers’ compensation rights is unlawful. Document any threats or pressure and get legal advice immediately.

How long does a personal injury case take compared to workers’ comp?

Workers’ comp benefits can start quickly. Lawsuits often run 12–36 months, depending on medical stability and liability disputes.

Do I need a lawyer for a workers’ comp claim?

Yes. With TBIs, legal representation is crucial. Head-injury claims are frequently minimized. Counsel ensures benefits match your medical reality and evaluates whether a third-party negligence claim can recover categories workers’ comp doesn’t pay.

Call (303) 999-9999 or complete a Free Case Evaluation form