Workers’ compensation is insurance coverage which must be carried by most employers in Colorado.  In most instances, if you are injured on the job, you should receive workers’ compensation benefits.  There are, however, some instances when you may not be entitled to workers’ compensation insurance coverage.

The following is a partial list of occupations and/or individuals excluded from providing mandatory workers’ compensation insurance coverage under the Workers’ Compensation Act:

  • Certain casual maintenance or repair work performed for a business for under $2,000 per calendar year;
  • Certain domestic work, maintenance or repair work for a private homeowner that is not done full time;
  • Licensed real estate agents and brokers working on commission;
  • Independent contractors who perform specific for-hire transportation jobs;
  • Drivers under a lease agreement with a common or contract carrier;
  • Any person who volunteers time or services for a ski area operator;
  • Persons who provide host home services as part of residential services and supports;
  • Federal employees (covered under federal laws);
  • Railroad employees (covered under federal laws);
  • Independent contractors (see next paragraph).

The status of independent contractor has been one of the most litigated areas in workers’ compensation since the inception of the Workers’ Compensation Act. In order to establish an independent contractor status, the employer must prove the existence of an employer – employee relationship the employer must then prove:

  • The individual is free from control and directions in performing the services; and
  • The individual is customarily engaged in an independent trade, occupation, profession or business which is related to the performed service.

Most courts generally consider nine (9) factors when determining the independent contractor status of an individual.  Below is a list of the factors considered which are indicative of an independent contractor.

  1. The individual does not work exclusively for the contracting party. The individual, however, can “choose” to work for a specified, finite time.
  2. There are no quality standards for the individual. Plans and specifications can be provided, however.
  3. The individual is paid at a fixed or contract price.
  4. Services can be terminated during the contract only if the individual violates terms of the contract or fails to meet contractual specifications.
  5. Minimal training or less is required.
  6. The contracting party provides nothing more than material and equipment necessary for the job.
  7. The individual determines the time of performance. It is permissible if the document sets forth a complete schedule and a “range” of negotiated and mutually agreeable work hours.
  8. Payment for the contracted services is made to a trade name or business entity.
  9. The business operations of the individual and the contracting party are separate and distinct.

The determination whether an individual is an independent contractor or employee is fact driven.  The courts generally entertain the totality of circumstances surrounding the employment relationship to make a determination.

Contact Us

Call a trusted attorney at Bell & Pollock, P.C. at (303) 795-5900 to get on the road to recovery now. You can also email our firm via the contact firm on this page.

As proud champions of the people, our lawyers are ready to answer your questions, explain the law and your rights, and help you take whatever steps necessary to recover the compensation you’re entitled to. With us in your corner, you can be confident that you have the legal support and representation necessary to successfully resolve your claim.

Don’t delay your recovery for a second longer – and don’t be misguided into thinking that you have to go through the process alone. Our attorneys are here, ready to help – and you won’t have to pay us anything until (or unless) there is a recovery in your case.

You may confidentially submit your question and it will be answered by Bell & Pollock, P.C. The only little catch is that he does this as a public service and he's going to give you some general advice only. This does not make you a client of Bell & Pollock, P.C. There is no charge for this service.
 
 
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Case Results

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CASE: Client was injured by a drunk driver. As a result of the motor vehicle accident, client was rendered a quadriplegic and needed a life care plan.
Outcome: $9,600,000

CASE: Against Insurance company for failure to pay for property damage after a gas and fire explosion.
Outcome: $1,600,000

CASE: Medical malpractice for failure to diagnose a descending aorta aneurism, resulting in death.
Outcome: $1,300,000

CASE: Neck and back injuries from car accident. Client had ongoing symptoms and needed injections for attempted remediation of pain.
Settled for $485,000

CASE: Client was injured in a 2 vehicle collision. She suffered a traumatic brain injury, concussion and multiple injuries to the neck.
Outcome: $6,000,000

CASE: Client was in her car and was T-Boned by a commercial vehicle. Her cerebral spinal fluid leaked and she suffered a concussion and traumatic brain injury with neck and lumbar (low back) injuries. Her neck injury caused radiating pain, numbness and tingling in her arms.
Outcome: $3,400,000

CASE: Client was driving on a rural road when another car crossed the center line and caused a head-on collision in the snow and ice. Client did physical work for a living. Both knees were injured, along with a neck injury.
Outcome: $2,300,000

CASE: Client was driving on South Parker road when another vehicle rapidly changed lanes and rear-ended the client. That vehicle was cited for careless driving. The collision caused a concussion with traumatic brain Injury. Client missed time from work and had a positive correlation between brain scan and neuropsychological test results.
Outcome: $950,000

CASE: Client was rear ended by a dump truck, was then knocked forward and hit another vehicle. Client had a concussion with traumatic brain injury. Client underwent a brain scan which showed hypoperfusion, correlated with her concussion symptoms. Client suffered neck injuries and injuries to her low back.
Outcome: $650,000

CASE: Client was rear-ended. The mechanism of injury from the forces in the collision caused her neck injury and at the same time, damaged her organs inside her throat. Client had swallowing and choking issues.
Outcome: $1,250,000

CASE: Client was in a motor vehicle accident. Both injections in the neck rendered some temporary relief. The Injections were transforaminal epidural steroid injections. Surgery was recommended on the lumbar (low back). The low back was injured by the forces in the collisions.
Outcome: $933,000

CASE: The client was driving in her car and was rear-ended thereby causing injuries to her lower back and neck. Client also suffered a concussion. Client had to undergo facet injections multiple times, through multiple procedures. Client also had cognitive issues which required cognitive training and therapy.
Outcome: $400,000

CASE: Client was entering a highway from an on ramp and was rear-ended by a commercial van. Client tested positive for Thoracic Outlet Syndrome and failed conservative treatment. Client underwent thoracic outlet syndrome surgey, which involved removal of the first rib to attempt to relieve pressure in the thoracic outlet. Client also suffered a back injury.
Outcome: $750,000

CASE: Client was injured by a drunk driver, who crossed the center line of the road. Client underwent multiple surgeries and could not work. Client was late 40s and needed a modified life care plan.
Outcome: $750,000

CASE: Client was rear ended by a tow truck driver who was a diabetic. The diabetic at fault party was a non-compliant diabetic and claimed he had a syncope episode, and was “blacked out”. Client had a preexisting back condition known and the forces from the collision aggravated, or made worse, the preexisting back condition in addition to, causing neck injuries.
Outcome: $350,000

CASE: Client was a passenger in a car where the driver fell asleep on a country road in the early morning hours. The car rolled multiple times. Client had eye injuries, facial injuries and neck and knee injuries.
Outcome: $850,000

CASE: Client was on the job, driving her own car, when she was rear-ended. She suffered a concussion with traumatic brain injury and pursued Workers Compensation Claim.
Outcome: $150,000

CASE: Client slipped and fell on snow and ice in Central City. He suffered back injuries, that did not require injections.
Outcome: $125,000

CASE: Client slipped and fell on snow and ice on a sidewalk in front of a business. She had to have knee surgery and multiple injections in her back.
Outcome: $175,000

CASE: Client was visiting a friend who was renting a house. Client tripped on untreated, dangerous section of deck and injured his back.
Outcome: $150,000

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