Suing Over a Work Injury in Colorado
When Colorado law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: Suing the employer: a Colorado employer that has complied with the workers' comp act, including its insurance provisions, and its insurer are not subject to any other liability for an employee's work injury or death, and all other causes of action and remedies are abolished except as the… C.R.S. §§ 8-41-101, 8-41-102, 8-41-104
| Suing your employer | Suing the employer: a Colorado employer that has complied with the workers' comp act, including its insurance provisions, and its insurer are not subject to any other liability for an employee's work injury or death, and all other causes of action and remedies are abolished except as the act provides. If the employer has not complied, the employer loses the defenses of assumption of risk, fellow-servant negligence and the employee's non-willful negligence in a damages suit. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. |
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| Suing someone other than your employer | Suing someone else: a worker injured by the negligence of someone not in the same employ may take workers' comp and also sue that person. Paying comp assigns the claim to the insurer to the extent of comp it owes, and the insurer is subrogated for economic and impairment/disfigurement damages (not pain and suffering), reduced by the worker's reasonable attorney fees and costs unless the insurer pursues the claim itself or intervenes within 90 days of notice. The worker must give written notice within ten days to the Division of Workers' Compensation and the parties responsible for benefits when making a demand on the third party, and a settlement for less than the comp benefits needs the insurer's written approval. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. Source: C.R.S. § 8-41-203 |
| If your employer has no workers' comp | Employer without coverage: if an employer required to carry workers' comp was uninsured at the time of injury, the worker (or dependents) may still claim compensation and benefits. The judge must order the employer to pay the present value of unpaid benefits to a trustee or post a bond within ten days, the award can be filed as a district court judgment, and an employer that fails to comply owes an extra 50% or $1,000 (whichever is greater) plus attorney fees. The uninsured employer must also pay 25% of the benefits to the Colorado Uninsured Employer Fund, and it may not continue business operations while in default. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. |
Where to get help in Colorado
More Colorado workers' compensation
- Filing a Workers' Comp Claim in Colorado
- How Much Workers' Comp Pays in Colorado
- Workers' Comp Settlements in Colorado
- Retaliation for Filing Workers' Comp in Colorado
- Appealing a Denied Workers' Comp Claim in Colorado
- All Colorado workers' compensation rules
FAQ
Can you sue your employer for a work injury in Colorado?
Suing the employer: a Colorado employer that has complied with the workers' comp act, including its insurance provisions, and its insurer are not subject to any other liability for an employee's work injury or death, and all other causes of action and remedies are abolished except as the act provides. If the employer has not complied, the employer loses the defenses of assumption of risk, fellow-servant negligence and the employee's non-willful negligence in a damages suit.
Can you sue a third party for a work injury in Colorado?
Suing someone else: a worker injured by the negligence of someone not in the same employ may take workers' comp and also sue that person. Paying comp assigns the claim to the insurer to the extent of comp it owes, and the insurer is subrogated for economic and impairment/disfigurement damages (not pain and suffering), reduced by the worker's reasonable attorney fees and costs unless the insurer pursues the claim itself or intervenes within 90 days of notice. The worker must give written notice within ten days to the Division of Workers' Compensation and the parties responsible for benefits when making a demand on the third party, and a settlement for less than the comp benefits needs the insurer's written approval.
What if my employer doesn't have workers' comp insurance in Colorado?
Employer without coverage: if an employer required to carry workers' comp was uninsured at the time of injury, the worker (or dependents) may still claim compensation and benefits. The judge must order the employer to pay the present value of unpaid benefits to a trustee or post a bond within ten days, the award can be filed as a district court judgment, and an employer that fails to comply owes an extra 50% or $1,000 (whichever is greater) plus attorney fees. The uninsured employer must also pay 25% of the benefits to the Colorado Uninsured Employer Fund, and it may not continue business operations while in default.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.