Working can be dangerous. ¿Where do I go when I am injured at work? 
Occupational Injury Statistics
Private industry employers reported 2.8 million nonfatal injuries and illnesses, and 5,486 fatal workplace injuries were recorded in the workplace in 2022, the U.S. Bureau of Labor Statistics reported.
Therefore, you may be one of the unfortunate people who are injured on the job. Or your loved one may have died while working.
Sources of workers’ compensation for injured workers
1. Workers’ compensation system (for employees covered by insurance)
Historically, when the concept of a workers’ compensation (WC or “Work Comp”) system was developed, a social or political agreement was reached between the employee and the employer: the employee waived his right to sue the employer (and its employees) for negligence and accidental injuries in exchange for obtaining a guaranteed and prompt compensation for disabling injuries. Under this social contract, it did not (and does not) matter whether the employee was partially at fault for the event that injured the employee.
Therefore, when you are injured on the job, or if a worker is killed on the job, there is only one source of compensation: workers’ compensation, generally speaking. That is the rule, subject to some important exceptions (see below). In legal phraseology, workers’ compensation is the “exclusive remedy.” The employer or your co-workers cannot be sued, even if they were negligent and their negligence was the cause of the injury or death. Wyoming Statutes § 27-14-104 (a); Colorado Revised Statutes § 8-41-102 & 104.
2.Can I tender other remedies in addition to or instead of workers’ compensation?
There are some exceptions to the general rule (exclusive remedy) that, although rarely realized, create opportunities for injured workers to obtain compensation greater than that allowed by the workers’ compensation (WC) system.
Claims against subcontractors
The “exclusive remedy” rule protects the employer and its fellow employees from claims brought by an injured employee. The rule also protects the project owner or general contractor. However, an injured employee may sue subcontractors (e.g., a repair or insulation subcontractor) if they were negligent and the negligence was a cause of the employee’s injury.
This was the situation in the case Romancase, where a successful lawsuit was filed against the insulation subcontractor. See Cases Won.
If there is a lack of WC insurance, the worker can file a lawsuit against the employer or co-workers. co-workers
First, if the employer has not obtained workers’ compensation insurance for an employee, then the employee may sue the employer, if the employer or other employees were negligent.
One way a worker may be deprived of workers’ compensation, while obtaining the right to sue his employer for negligence, is if the employer fails to pay insurance. W.S. § 27-14-104 (c). Logically, that should be the same in Colorado.
In Wyoming, there is a variation on the “uninsured” theme. To be eligible to be considered an insured employee (within the WC System), Wyoming statutes require that these requirements be met for a given injured employee. Coverage is limited (as to some people who read this Blog in Spanish). The term “employee” is limited to those:
“aliens authorized to work by the U.S. Department of Justice, Bureau of Citizenship and Immigration Services, and aliens whom the employer reasonably believes, on the date of hire and date of injury, based on documentation in the employer’s possession, to be authorized to work by the United States . . ..”
W.S. § 27-14-102(a)(vii)(my translation).
No particular document (e.g., a properly completed I-9 form, or a Permanent Resident Card, etc.) is required to be in the employer’s records to support the employer’s belief that the employee is or was (at the time of hire or at the time of the accident) authorized to work in the U.S. Rather, almost any document may suffice, depending on the case. Hererra v Phillips, 2014 WY 118 ¶¶ 12-14, 334 P.3d 1225, 1229 (Wyo. 2014).
If an employer’s records are inadequate or do not exist, then the employee does not receive coverage under Wyoming’s workers’ compensation system. Therefore, he or she can sue the employer or co-workers, if the negligence of the employer or other employees caused the injury. This was the situation in the Romero case, where a successful lawsuit was filed against the insulation subcontractor. The verdict was for $1,000,000 (less 10% for comparative fault of the workman) in the Romero case. See Cases Won.
Other exceptions and additional coverage
There are some other exceptions. For example, if WC did not adequately compensate the injured worker for injuries he sustained in an automobile accident while working, he could seek additional insurance compensation known as “underinsured motorist” (UIM) or uninsured motorist coverage. Klabon v. Travelers Property Casualty Co. 556 P.3d 793(Colo. 2024). That is, sometimes the employer’s insurer can be sued (but generally not the employer itself).
Logically, that should be the same in Wyoming, but I have not found any cases on this point. Even in Colorado, the courts, before Klabon, ruled that the employee could not sue the employer’s UM/UIM insurance. Klabon, n. 2. It appears that this issue has not yet been clarified by the Wyoming courts.
Intentional injury or reckless misconduct causing injury
Your question: There is WC coverage for me. Can I sue my employer or a co-worker for extreme negligence or intentionally injuring me?
Answer: yes, under some circumstances you can file a lawsuit against your employer and/or your co-workers. This is the subject of another blog post. Thanks for reading.