Who Should You File A Lawsuit Against Regarding Your Work Injury in Pueblo, CO?
Workers’ compensation handles a great deal of injuries and situations, adapting to an ever-changing society. Of course, there will always be times when more can and should be done. Although workers’ compensation was created to help avoid lawsuits, there are still situations in which one may be warranted. Those who suffer from a work injury are left with a lot of questions. An experienced workers’ compensation lawyer from Heuser and Heuser can provide you with much needed support, advice, and guidance through a confusing process.
Dangerous and Faulty Equipment
Many people and entities are involved in a work environment, whether directly or indirectly. Equipment manufacturers are most certainly involved, particularly when their machines, devices, and gear cause problems. Despite being as careful as humanly possible, workers may still be injured when equipment malfunctions, and this is where a liability lawsuit comes into play. If a manufacturer is aware of malfunctioning equipment, makes no warning about it, and allows the use of that broken equipment, they can be held responsible for the damage caused. Also, a worker may receive a settlement from them in addition to workers’ compensation benefits.
Toxic Substances
Working with toxic substances is not a favorable task, but it is an unfortunate reality for many employees who have no idea they may be vulnerable to serious injury. Acute injuries from toxic substances, such as poisoning, are easier to prove. Latent injuries like mesothelioma are harder to prove unless direct causation with the toxic substance has been established. However, both types of injuries and indeed any toxic substance is subject to a type of lawsuit known as a “toxic tort.” Manufacturers or distributors of these substances can often be held responsible for damages.
Willful Misconduct
Also known as “intentional and egregious” conduct, the idea is the same: your employer directly caused your injury. Although some states prohibit or limit the ways in which you can hold an employer responsible, it is worth a conversation with your lawyer to find out if it is possible for you to file a lawsuit against your employer in tandem with filing for workers’ compensation. Whether they coerced you into working in unsafe conditions, hit you, or called security for no adequate reason, you may be entitled to sue them for damages.
Uninsured Employer
Just as being in a car accident with an uninsured driver complicates matters, so does being injured while employed by someone who does not have workers’ compensation insurance. Two directions may be taken when handling this situation: one being a lawsuit against your employer and the other being a state-sponsored fund set aside for this situation. Suing an employer in this instance brings back the burden of proof required of workers before workers’ compensation as we know it was developed. Which is to say, you must prove that they were at fault for the injury.
The other option is much simpler, though it is not available in every state. Your Pueblo workers’ compensation attorney will have more information on the laws specific to your state.
Third Party Involvement
Sometimes during the course of employment, a third party unaffiliated with the company or its assets will be responsible for a work injury. In these cases, it is reasonable to file a lawsuit against that person for damages sustained, while also filing a claim with the workers’ compensation system. In certain cases, the third party’s insurance company will pay for the damages in lieu of a lawsuit. A prime example of this is a delivery driver getting into a car accident while making a delivery; the car insurance companies will likely handle the matter, while the delivery driver may also make a workers’ compensation claim since they were technically “at work” at the time.
Finding a Pueblo Workers’ Comp Attorney
If you are looking for a Pueblo workers’ compensation attorney for your work injury, contact the law office of Heuser and Heuser for more information, consultations, and other legal services.
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Frequently Asked Questions
How Do I Know What My Case Is Worth?
There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We look at what sort of injuries you sustained. Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills? We look at lost wages. Did you lose your job? If you have permanent work restrictions as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.
Why is it Important to Hire a Lawyer?
Insurance companies are in business for a reason: to make money. Anytime they are paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks. Quite frankly, you do need a lawyer to help you through this because your lawyer will make sure you’re properly compensated.
Do Cases Settle Without Going to Court?
Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.
Do You Get Good Results for Your Clients?
We do get good results for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements. We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases. We’ll do whatever it takes to make sure our client is taken care of.
See What Our Clients Say
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Our Attorneys
Gordon J. Heuser, Esq.
As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…
Barkley D. Heuser, Esq.
Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…
Brennan D. Heuser, Esq.
Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…
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Want To Learn More About Your Colorado Car Accident Case? Download Our EBook, On Us!
We wanted to find a way to make your car wreck case even easier for you. That is why we wrote this guide that will provide you with the critical information you need to know about your car accident case.
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Questions or Schedule A free Appointment? Click to Call (719) 520-9909
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