Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
A job injury can change your life in an instant. One moment you are doing your job. The next, you may be dealing with pain, medical treatment, lost wages, and uncertainty about how you will support yourself and your family. If you were injured at work in Denver, it is important to understand that you may have more legal options than you realize.
Colorado requires almost all employers with one or more employees to carry workers’ compensation insurance. That coverage generally provides your primary remedy after a workplace injury — medical care, wage replacement, and disability benefits — without needing to prove your employer was at fault. But workers’ comp has real limits: it does not cover pain and suffering, full lost earnings, or other damages a civil lawsuit could provide.
At Frenkel & Frenkel, our Denver workplace injury lawyers help injured workers understand the full scope of their rights. Workers’ comp is often not the only path. If a third party — a contractor, equipment manufacturer, property owner, or driver — contributed to your injury, you may be able to pursue a separate claim for the compensation workers’ comp cannot provide. We offer free consultations and handle workplace injury cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
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KEY TAKEAWAYS
Quick Answer
What Should I Do If I Was Injured at Work in Denver?
Get medical care right away and report the injury to your employer within 10 days. Then find out if your employer carries Colorado workers comp. If it does, you may get medical care and part of your lost pay, but you usually cannot sue your employer. If it does not, you may be able to file a lawsuit and seek full damages, including pain and suffering. In some cases, another party may also be responsible.
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You may have a workplace injury case if you were hurt on the job due to unsafe conditions, inadequate training, or employer negligence. The key question is simple: Was the workplace dangerous or did your employer fail to protect you?
There are a few things to consider. Were safety protocols ignored? Was equipment poorly maintained? Were you given proper protective gear? Was the hazard reported but left unaddressed? If you answer yes to any of these, you could have a valid claim.
In Colorado, virtually every private and public employer with at least one employee is required by law to carry workers’ compensation insurance. There is no opt-out option. This means most injured workers in Denver will go through the workers’ comp system first.
If a workplace injury changed your life, we are ready to listen. Contact us today for a free case review.
Even when workers’ comp applies and your employer is immune, a third party may also share responsibility. If someone other than your employer helped cause the injury, you may be able to file a third-party claim alongside your workers’ comp claim. These claims are common on Denver-area construction sites where multiple companies work side by side.
Common third parties: general contractors or subcontractors on a shared job site; the maker of a defective machine, tool, or safety device; a driver who hit you while you were working on or near a road; a property owner who did not maintain a safe work site. A third-party lawsuit can recover damages workers’ comp cannot — including pain and suffering and full lost earnings.
Report to your employer: within 10 days — written notice required (C.R.S. sec. 8-43-102). Verbal notification alone is not sufficient. Missing this deadline may reduce or bar your benefits.
File a workers’ comp claim: within 2 years of the injury date by submitting Form WC 15 to the Colorado Division of Workers’ Compensation (C.R.S. sec. 8-43-103).
File a third-party lawsuit: generally 2 years from the date of injury.
Wrongful death claims: generally 2 years from the date of death under the Colorado Wrongful Death Act (C.R.S. sec. 13-21-201 et seq.).
Do not wait — missing any of these deadlines can permanently bar your claim.
Quick Answer
Can I Sue My Employer for a Workplace Injury in Colorado?
It depends on your employer's insurance status. If your employer is a workers' comp subscriber, Colorado law usually bars a personal injury lawsuit against that employer. Workers' comp benefits are then your main remedy. If a worker dies because of gross negligence by a subscriber employer, surviving family members may be able to seek exemplary damages.
If your employer does not carry workers' comp, Colorado law calls that employer a non-subscriber. In that case, you may be able to sue. A non-subscribing employer cannot blame your share of fault, say you assumed the risk, or shift blame to another worker.
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If your employer carries workers’ comp, fault usually does not matter. You may still get benefits even if you helped cause the accident. The system is no-fault.
In a lawsuit against a non-subscriber, shared fault can matter in some cases. But a non-subscribing employer cannot use your own negligence to avoid responsibility. That rule can help injured workers a lot.
Our attorneys have spent decades fighting for people hurt in workplace accidents. We have the knowledge and resources to take on even the most complex cases against employers, general contractors, subcontractors, equipment manufacturers, and corporate defendants.
Our founding attorneys used to defend employers and insurance companies in workplace injury cases. Now, they use that inside knowledge to fight for injured workers like you. We know the tactics employers and insurers use to deny workplace injury claims, and we know how to counter them.
We have recovered over $1 Billion in settlements and verdicts for our clients.* For 16 straight years, our attorneys have been named among the Best Lawyers in Denver.
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Transportation incidents were the biggest cause of workplace deaths in Colorado in 2024, making up 37% of all fatalities.
Colorado private industry employers reported 175,900 total recordable nonfatal workplace injuries and illnesses in 2023, for an incidence rate of 0.8 cases per 100 full-time workers.
Colorado recorded 92 fatal occupational injuries in 2024, at a rate of 3.9 deaths per 100,000 full-time workers, according to the U.S. Bureau of Labor Statistics.
Construction was one of the two deadliest industries in Colorado, with 22 fatal injuries in 2024. Denver is a major construction market, and workers face falls, electrocutions, struck-by hazards, and cave-ins every day.
Falls, scaffold collapses, crane accidents, electrocutions, and struck-by incidents on Denver and nearby projects.
Explosions, fires, equipment failures, and toxic exposure at drilling sites, refineries, and pipeline operations.
Forklift accidents, machine entanglement, conveyor belt injuries, and falls at Denver-area facilities.
Crashes involving commercial drivers, delivery workers, and employees hurt in wrecks while working on Colorado roads.
Patient-handling injuries, needlestick exposures, and slip-and-fall accidents affecting nurses, orderlies, and other workers.
Falls, overexertion injuries, and accidents at stores, restaurants, hotels, and other commercial properties.
Colorado law requires non-subscriber employers to post a written notice in the workplace. It tells workers they do not carry workers' compensation insurance. You can also check with the Colorado Department of Insurance, Division of Workers' Compensation. If you are not sure, a lawyer can help you find out fast.
Colorado law prohibits employers from retaliating against employees for filing a workers' comp claim in good faith. If you believe you were fired or punished for filing a claim, speak with an attorney about your rights.
You can dispute the denial through the Colorado Division of Workers' Compensation (DOWC). The process may include a prehearing conference, a formal application for hearing, and review by the Industrial Claim Appeals Office (ICAO). An attorney can help you navigate this process.
The answer depends on the type of claim. Workers' comp benefits are set by formula and do not include pain and suffering. For 2026, the max weekly wage benefit under workers' comp is $1,396.85. In a lawsuit against a non-subscriber or a third party, you may recover medical bills, full lost pay, future earning loss, pain and suffering, mental anguish, physical impairment, and sometimes punitive damages for gross negligence.
You do not have to hire a lawyer, but having one can improve your chance of a fair recovery. Employers and insurance companies use adjusters, lawyers, and claims staff to limit payouts. An experienced Denver workplace injury attorney knows those tactics and how to answer them. Frenkel & Frenkel works on a contingency fee basis, so there is no upfront fee and no fee unless we recover money for you.
Be careful. Insurance adjusters, including workers' comp adjusters, want to limit what they pay. They may ask for a recorded statement, and your words can be used to cut benefits or deny them. Before you give a statement or sign papers, talk to a lawyer. A free consultation can help protect your claim.
In Colorado, the workers' comp exclusive remedy rule generally applies. However, if your employer lacked required insurance, acted with deliberate intent, or a third party contributed to the death, a wrongful death lawsuit may be available under the Colorado Wrongful Death Act (C.R.S. sec. 13-21-201 et seq.). The surviving spouse has the primary right to file in the first year after death.
