Exclusive Remedy (Workers’ Compensation Bar)

If a Claimant’s injury is covered by workers’ compensation insurance, they are entitled only to those benefits that are available under the Workers’ Compensation Act.  This means that they may not sue their employer in state district court for negligence or for some intentional action.  There are exceptions to this general rule, including the claimant’s right to proceed against the insurance company for bad faith adjusting of the claim, certain intentional acts of co-employees including  assault or sexual harassment, and discriminatory actions taken by the employer on the basis of a disability under state or federal law.  (Section 8-41-104, C.R.S).