Denver, CO personal injury attorney Kyle Bachus explains how workers’ compensation works when there is a work injury. He explains that he is often contacted by people who say they were injured at work or even in a car crash while working. When someone is injured on the job, a completely different set of unique laws applies—laws that date back more than a century. These laws represent a trade-off between employers and employees, one that many employees aren’t even aware of.

He explains that around 150 years ago, there were no workers’ compensation benefits. If a worker got hurt on the job and their employer was negligent, the worker had to sue the employer directly. Considering the close working relationship, this was a difficult and unfair situation for employees.

Eventually, reforms were put in place—largely driven by employers—that created the current system. The basic idea is this: if the employer has purchased workers’ compensation insurance, the state grants them immunity from most lawsuits by employees related to workplace injuries. This means employees are generally limited to claims under the workers’ compensation system unless the employer acted intentionally or with extreme willful disregard for safety, which is a very high standard to meet.

In practical terms, if someone is injured on the job, their claims against their employer are usually limited to what workers’ compensation provides. This system grants immunity to the employer but offers certain benefits. For example, it pays for all medical expenses related to the injury, though the employer often gets to decide where the injured worker receives treatment—which can feel strange to the injured party.

Workers’ compensation also provides partial wage replacement for missed workdays, trying to match the worker’s post-tax net income up to a set limit. Additionally, there may be compensation for any permanent impairment caused by the injury. However, it does not cover pain and suffering, inconvenience, or emotional trauma caused by the injury.

He emphasizes how crucial it is to speak with a lawyer well-versed in workers’ compensation law. The system is complex, with many nuances—for instance, permanent injury to just one leg is valued differently than injuries to multiple body parts like a leg and the lower back. Experienced lawyers know how to navigate the system to maximize recovery.

There are also penalties in cases where the injured worker was found to be under the influence of drugs or alcohol, reducing benefits by up to 50%.

He points out an important distinction: if a worker is injured in a car crash on the job caused by someone else—such as another driver or a subcontractor’s employee—they may have not only a workers’ compensation claim but also a third-party claim against the responsible party. However, they still cannot bring other claims against their own employer beyond workers’ compensation.

He acknowledges how complex the system is, with each state having its own workers’ compensation statutes. Injured workers don’t go to regular court but instead navigate an administrative law process designed specifically for workplace injuries. Given this, having knowledgeable legal representation is essential to guide clients through the system and protect their rights.