Workers’ Compensation versus Property Liability Claims

When someone suffers a work injury, property liability laws may apply in addition to those that allow the injured worker to file for workers’ compensation. Workers’ comp provides benefits that cover medical expenses and lost earnings and are available no matter who was at fault, whether it was the worker, employer or a co-worker.

However, if the circumstances of the accident were that it was on someone else’s property and it was caused by that property owner’s negligence, a third-party claim may be filed under property liability. This may require the assistance of a Colorado injury attorney in Denver to manage the premises liability claim.

An Overview of Workers’ Compensation after a Work Injury

In order to be eligible to receive workers’ compensation benefits, the employee must have been working within the scope of his/her job duties. Let’s say someone was on his way to work and was involved in a serious collision. Since the employee wasn’t clocked in, that wouldn’t qualify. However, if the worker was a delivery truck driver and while on his route was injured in a crash, then it would.

Weekly benefits are available if an employee cannot return to his/her job or if the worker returns to a lower paying job or suffers a permanent injury. The amount generally depends on the severity of the injuries.

An Overview of Property Liability

There are some occupations where employees perform their job duties while on another person’s property. Using the previous example of a delivery truck driver, let’s say while delivering a package, the driver slips and falls because the owner of the property created a slippery surface and did not post proper warning signs. In this case, the property owner could be liable for the injuries.

In another cases, a construction worker may be injured on a worksite and it’s discovered the hazard that caused the injury was caused by the property owner’s carelessness.

Again, in this case a property liability claim may be filed for the work injury with help from a Colorado injury attorney in Denver. Employers typically aren’t responsible for the negligent actions of third parties.

Filing a Workers’ Compensation and a Property Liability Claim

One of the benefits to a third-party case is that the person may be entitled to more compensation than would be received through just workers’ compensation.

In addition to addressing medical costs and lost wages, there could be other damages available such as:

  • pain and suffering;
  • disfigurement;
  • emotional distress; and
  • more depending on the circumstances.

However, these types of cases can be complicated as some workers may struggle to determine if a property owner is different than an employer and if the property owner could even be considered responsible for the injury.

Finding Legal Help in Colorado from Injury Attorneys in Denver

Each case is unique and would need to be evaluated by an attorney who has knowledge in claims stemming from injuries on someone’s property. D.J. Banovitz can help victims of these accidents take the next steps to recover compensation for their work injury that occurred because of a property owner’s negligence.

Don’t delay seeking legal advice after a work injury on another’s property. Consult a Colorado injury attorney in Denver for help with a property liability claim. Call 303-300-5060.

D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case.

D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.