Integrated Family Community Services 3370 South Irving Street, Englewood, CO 80110-1816 Ph: 303-789-0501

What Happens When your Workers’ Comp Doesn’t Cover your Needs?

What Happens When Your Workers Comp Doesn't Cover Your NeedsThe general rule is that when you’re injured at work by an expected and known risk of your job, filing a workers’ compensation claim is the sole and exclusive remedy available to you. Workers’ compensation benefits are usually sufficient to cover an injured worker’s losses. If those benefits aren’t enough, here are some ways that you might be able to collect an additional amount to cover your needs.

As part of your workers’ compensation claim, you can raise a disability issue that’s ordinarily paid as a lump sum. Aside from temporary total disability while you’re off work recovering from you’re injury, you can seek compensation for permanent partial disability. You must have been disabled by your injury, and unable to perform part of your job description. If you’ll never be able to return to work again, you can make your claim for permanent total disability. Be careful about trying to receive workers’ compensation permanent disability and disability from the Social Security Administration at the same time. You’re only allowed one recovery for an injury.

A third party claim
If you’re hurt at your job through the negligence of somebody else who wasn’t a co-employee, you might be able to make a third party claim at the same time that you’re making your workers’ compensation claim. Third party claims are exceptions to the workers’ compensation sole and exclusive remedy rule. For example, you’re a concrete finisher for Fast Dry Concrete in Milwaukee, and you were injured by the negligence of an employee of Nail It Carpentry who was also working on the job site. At the same time that you’re bringing your workers’ compensation claim in Milwaukee, you can bring a lawsuit against Nail It Carpentry and it’s employee in Milwaukee County Court. Since the law of negligence permits damages beyond those of the scope of workers’ compensation, you might be able to cover your needs through a third party claim.

Secondary injuries
Sometimes other conditions result from the primary injury. These are usually compensable. Even an infection that developed in the hospital after a surgery can be claimed. Depression, anxiety or other disorders might be claimed if they result from the initial injury, but these are more difficult to prove.

After you’ve been injured at work, you’ll want to consider all of your alternatives to make sure that you’re fully compensated for your injuries. It’s possible that workers’ compensation might not be your sole and exclusive remedy.

Tim Esterdahl

Tim Esterdahl is the editor of IFCS blog. He is a married father of three and enjoys golf in his spare time.
Tim Esterdahl

Find Us on Social Media

Yesterday, we put out an appeal for One Can Feed donations, so that we could replenish our Canned Pasta shelf in the IFCS Food Market. Well, our friends David and Ann came to the rescue. They made a monetary donation, so that we could purchase 125 cans at a deep discount. There will be lots of kids and kids-at-heart that have a quick meal. We are 125 meals closer to our goal of providing 130,000 meals of groceries this year. #OneCanFeed

Want to Feed the Need -
... See MoreSee Less

View on Facebook

IFCS was so pleased to receive backpacks from PEO Chapter DH of Denver and Joan Clayton this year. Their mission of furthering girls and women’s education is inspiring! To learn how you can support this important mission, please email ... See MoreSee Less

View on Facebook

Our canned Ravioli & Spaghetti shelves are empty! We want to refill this family favorite by taking your One Can Feed monetary donations and shopping for those things we need most. Can you feed the need, by contributing to the campaign? #OneCanFeed
... See MoreSee Less

View on Facebook

IFCS On Twitter

#OneCanFeed…Seniors! 1 in 7 Colorado seniors struggle with hunger (deciding between Food and Medicine). One Can Make a difference – learn more at

#OneCanFeed…Families! Nearly 1 in 7 Coloradans struggle with hunger, facing times when there is not enough money to buy food. One Can Make a difference – learn more at

We are pleased to announce the launch of One Can Feed! This is a fundraiser for IFCS to help collect financial and food resources to help others in need. Check out today to see how you can make a difference! #onecanfeed #dogood #charity #colorado

Load More...

Key Sponsors

Our Affliations




Sign Up for our eNewsletter

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Sign up for our Email Newsletter
For Email Marketing you can trust

USDA Non-Discrimination Policy

IFCS follows the USDA non-discrimination policy. Learn more by clicking here to read the statement. (PDF)