Colorado Springs Work Injury Lawyer
Key Takeaways
- Deadline: 3 years if a motor vehicle was involved (C.R.S. 13-80-101(1)(n)); 2 years for most other injury claims (C.R.S. 13-80-102).
- If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
- Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.
What should I do after being injured at work in Colorado?
Tell your employer in writing, immediately.
C.R.S. 8-43-102(1)(a) requires written notice to the employer within ten days of the injury, and while late notice does not always end a claim it hands the insurer its first argument. Say plainly that it happened at work when you are treated, keep a copy of everything you sign, and do not let a supervisor record it as something that happened at home.
How do I file a workers' compensation claim?
Written notice to the employer starts it; the employer must then report it to its insurer, and you can file your own claim with the Division of Workers' Compensation rather than relying on them to do it.
Keep your own dated record of the notice, the treatment and every conversation. The system pays medical care and a portion of lost wages — it does not pay for pain and suffering, which is why the next question matters.
In Colorado you generally cannot sue your own employer for a work injury — workers' compensation is the exclusive remedy (C.R.S. 8-41-102) — but you can take compensation AND sue a negligent third party for damages beyond it (C.R.S. 8-41-203(1)(a)). That third party is usually someone other than your employer or a co-worker: a general contractor, a property owner, an equipment manufacturer, or the driver who hit you while you were working. Report the injury to your employer in writing within ten days (C.R.S. 8-43-102(1)(a)(I)), then have the third-party angle reviewed before the two-year injury deadline runs. Call (719) 475-2555 for a free consultation.
Can You Sue for a Work Injury in Colorado?
You generally cannot sue your employer for a Colorado work injury, and you generally can sue whoever else caused it. C.R.S. 8-41-102 abolishes the causes of action an employee would otherwise have against an employer carrying workers’ compensation. C.R.S. 8-41-203(1)(a) leaves untouched the claim against “another not in the same employ” — and lets you take compensation and pursue that claim at the same time.
The distinction that decides most work injury cases is not how badly you were hurt — it is who hurt you. Colorado's workers' compensation bargain gives you benefits without proving fault, and in exchange it takes away the right to sue the employer who carries the coverage. It does not take away anything against a stranger to that bargain. If a subcontractor's crew dropped the load, if the scaffold was defective, or if a driver ran the light while you were on the clock, that claim is untouched and is worth far more than the comp file.
Who Can Be Sued After a Colorado Work Injury?
Anyone whose negligence caused the injury who is not your employer or a co-worker. In practice that is a short list, and identifying it early is the whole job.
| Who | Can they be sued? | Why |
|---|---|---|
| Your employer | No, in almost every case | Workers' compensation is the exclusive remedy (C.R.S. 8-41-102) |
| A co-worker | No | Also inside the compensation bargain — “another not in the same employ” is the test in C.R.S. 8-41-203(1)(a) |
| General contractor or subcontractor | Yes | A separate company on the same site owes its own duty of care |
| Property owner | Yes | Colorado Premises Liability Act, C.R.S. 13-21-115 |
| Equipment or parts manufacturer | Yes | Product liability, independent of the employment relationship |
| A driver who hit you on the clock | Yes | An ordinary motor-vehicle claim — 3-year deadline, C.R.S. 13-80-101(1)(n) |
How Long Do You Have to Report a Work Injury?
Ten days, in writing, to your employer. C.R.S. 8-43-102(1)(a)(I) sets the deadline and attaches a real penalty to missing it: the employee “may lose up to one day’s compensation for each day’s failure to report.”
Reporting is not the same as filing. Notice to the employer starts the workers' compensation side; the claim itself and any third-party lawsuit run on their own clocks, which is where people lose rights without realising it.
What Are the Deadlines on a Colorado Work Injury Claim?
Three different clocks run at once, and the shortest is ten days. Missing the reporting deadline costs money; missing the lawsuit deadline ends the claim outright.
| What | Deadline | Authority |
|---|---|---|
| Written notice to your employer | 10 days | C.R.S. 8-43-102(1)(a)(I) |
| Third-party injury lawsuit | 2 years | C.R.S. 13-80-102 |
| Third-party lawsuit if a motor vehicle was involved | 3 years | C.R.S. 13-80-101(1)(n) |
| If you were partly at fault | Recovery barred at 50% | C.R.S. 13-21-111 |
What Does a Third-Party Claim Add That Workers' Compensation Does Not?
Workers' compensation pays medical treatment and a portion of lost wages. It does not pay for pain and suffering, and it does not make up the rest of what you would have earned. A third-party claim reaches all of it.
This is why the two run together rather than instead of each other: C.R.S. 8-41-203(1)(a) lets an injured employee “take compensation under said articles and may also pursue a remedy against the other person to recover any damages in excess of the compensation available.” The carrier is repaid out of the recovery, and what is left is yours.
What if You Were Partly at Fault?
You can still recover if you were less than 50% at fault. Colorado applies modified comparative fault (C.R.S. 13-21-111): damages are reduced by your share and barred entirely at 50%.
Note that this applies to the third-party claim, not to workers' compensation, which is a no-fault system. A defendant will often argue you ignored a safety rule; the record of what training and equipment you were actually given usually decides that argument.
Which Colorado Statutes Govern a Work Injury Claim?
These are the controlling sections, quoted in full from the Colorado General Assembly’s own published text.
C.R.S. 8-41-102 — liability of employer complying
Liability of employer complying. An employer who has complied with the provisions of articles 40 to 47 of this title, including the provisions relating to insurance, shall not be subject to the provisions of section 8-41-101; nor shall such employer or the insurance carrier, if any, insuring the employer's liability under said articles be subject to any other liability for the death of or personal injury to any employee, except as provided in said articles; and all causes of action, actions at law, suits in equity, proceedings, and statutory and common law rights and remedies for and on account of such death of or personal injury to any such employee and accruing to any person are abolished except as provided in said articles.
C.R.S. 8-41-203(1)(a) — negligence of a stranger; remedies
(1) (a) If any employee entitled to compensation under articles 40 to 47 of this title is injured or killed by the negligence or wrong of another not in the same employ, such injured employee or, in case of death, such employee's dependents, may take compensation under said articles and may also pursue a remedy against the other person to recover any damages in excess of the compensation available under said articles.
C.R.S. 8-43-102(1)(a)(I) — notice to employer of injury
Every employee who sustains an injury resulting from an accident shall notify the employee's employer in writing of the injury within ten days after the occurrence of the injury. If the employee is physically or mentally unable to provide the notice, the employee's foreman, superintendent, or manager or any other person in charge who has notice of the injury shall submit written notice of the injury to the employer. Any other person who has notice of the injury may submit a written notice to the person in charge or to the employer, and in that event the injured employee is relieved of the obligation to give the notice. Otherwise, if the employee fails to report the injury in writing, the employee may lose up to one day's compensation for each day's failure to report.
Why Choose The Bussey Law Firm for a Work Injury Claim?
Timothy Bussey has represented injury victims across El Paso County since entering private practice in 1997, and the firm handles these claims from its Colorado Springs office at 12 E. Boulder Street. Consultations are free — call (719) 475-2555, or see our personal injury practice.
Meet Our Work Injury Attorney
Timothy R. Bussey
Timothy R. Bussey is the founder of The Bussey Law Firm, P.C. Since entering private practice in 1997 he has represented injury victims across El Paso County. He is a Fellow of the Litigation Counsel of America and a recipient of the Martindale-Hubbell Gold Client Champion Award.
Read more on Timothy Bussey’s profile, or see case results. Reviewed by Benjamin Wilcox.
Past results do not guarantee future outcomes. Every case is decided on its own facts.
Additional Information
- Construction accidents
- Crush injuries
- Serious injuries
- Wrongful death
- All personal injury practice areas
Sources and References
- Colorado Revised Statutes, Title 13 (Colorado General Assembly)
- Colorado Revised Statutes, Title 8 (Colorado General Assembly)
- Colorado Division of Workers’ Compensation
- El Paso County Combined Courts — Colorado Judicial Branch
Statutory text quoted verbatim from the Colorado General Assembly’s published 2024 revised statutes, retrieved 21 August 2026. This page is general information, not legal advice.
What Are the Colorado Deadlines and Rules on This Claim?
Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.
| A claim arising from the use or operation of a motor vehicle | 3 years — C.R.S. 13-80-101(1)(n) |
|---|---|
| Most other personal injury claims | 2 years — C.R.S. 13-80-102 |
| If you were partly at fault | Damages reduced by your share, barred at 50% — C.R.S. 13-21-111 |
| Where a Colorado Springs claim is filed | El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903 |
Our Colorado Springs Office
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
(719) 475-2555
Monday to Friday, 8:00 a.m. to 10:00 p.m.
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