Can Assumption of Risk Impact My Workplace Injury Claim?

For many workers injured on the job, varying challenges stem from the injuries one endures. With workers’ compensation benefits, many find the help to pay for the necessary medical care and treatment of work-related injuries or illnesses. Injured employees or workers find difficulty in obtaining rightful workers’ compensation benefits because of liability and fault. You need to understand your rights if you are injured on the job. 

Many employers try to wrongfully refute a workers’ compensation claim with an assumption of risk defense. In this case, they claim the worker knew the risks associated with the labor and was negligent. At Mintz Law Firm, our Colorado workers’ compensation lawyer may help you hold your employer accountable by defending your rights and proving fault.   

Defining Assumption of Risk According to Colorado Law  

Assumption of risk is a specific affirmative defense generally used in civil lawsuits or personal injury cases by the defendant to refute the claim made against them for their negligence. In cases where an assumption of risk is proven, the defendant is cleared of all liability, and the plaintiff shares negligence for injuries sustained. 

Generally, assumption of risk in Colorado states that a person assumes the risk if they: 

• Voluntarily or unreasonably exposes themselves to injury or damage
• Have knowledge or appreciation of the danger and risk involved

In some injury cases, under pure comparative negligence in Colorado, multiple parties share liability regardless of who is injured. In Colorado, businesses with one or more employees must be insured with workers’ compensation, and the injured worker is compensated for the accident-related injuries and losses. Workers’ compensation benefits often help employers avoid a personal injury lawsuit. Other times, injured employees facing a claim denial or limitations on workers’ comp benefits can pursue a lawsuit to be justly compensated. 

Can My Employer Claim Assumption of Risk in a Colorado Workers’ Comp Case?

When an employer claims an assumption of risk, it poses a challenge for the injured in recovering compensation. However, Colorado law statute 8-41-101 prohibits employers from using an assumption of risk in a workers’ compensation claim. With workers’ compensation insurance supplied by an employer, an employee is often guaranteed compensation. If your employer lacks workers’ compensation insurance, denies your claim, or is negligent in any way, you may be able to pursue a personal injury lawsuit. In these cases, liability is based on intentional conduct, and an employer may be sued for negligence. 

Can Assumption of Risk Impact a Workers’ Comp Claim in Colorado?

Employers are prohibited from claiming the assumption of risk on behalf of an employee in a workers’ compensation claim. Still, negligence and liability need to be established in a personal injury lawsuit. Suppose your workers’ comp case escalates to an injury lawsuit. In that case, an experienced attorney may help you prove your employer’s liability and help you recover total compensation for the injuries and damage you sustained. 

To have a lack of foundation in using an assumption of risk defense, the injured party must prove the other party violated the law or unreasonably increased risk for the injured party. Typically, the injured party must prove intolerable and negligent acts on behalf of an employer to pursue a lawsuit. For example, construction workers injured on site must prove that their employer failed to provide proper safety gear and knowledge of the worksite to pursue a lawsuit against them. 

Additionally, if your employer wrongfully fired you due to sustaining an injury or seeking workers’ compensation, your experienced legal team may help you take legal action by filing a claim and pursuing compensation. Consulting with an attorney after being injured as an employee on a job site can help you put your best foot forward against any rights violations or retaliation from an employer. 

Mintz Law Firm May Help You Protect Your Rights and Fight for Workers’ Compensation Benefits You Deserve 

Being injured at work understandably causes varying hardships in mental, emotional, financial, and other aspects of an individual’s life. Having an attorney on your workers’ compensation case may make a difference in a claim approval or denial. Additionally, employees of a Colorado business are permitted to pursue a lawsuit for injuries sustained while on the job, and under specific circumstances of an employer’s extreme negligence or rights violations. 

At Mintz Law Firm, we’re a dedicated legal team that brings years of experience and compassion to every one of our cases in Colorado. After establishing a valuable rapport in Colorado’s communities, we are eager to provide continual help for injured workers to regain their well-being with rightful benefits and by upholding their rights. Complete a contact form or call (303) 462-2999 to schedule a free consultation with our office.