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| Filing a Third-Party Claim in a Workers’ Compensation CasePosted on May 24, 2026inWorkers' CompensationColoradoworkers' compensationpays for medical treatment and part of your lost wages after a job injury, but it does not cover everything. If someone other than your employer caused or contributed to your injury in 2026, you may be able to file a third-party claim alongside your workers' comp case to recover additional damages. A Fort Collins workers' compensationattorneyat Hoggatt Law Office, P.C. can help you understand whether you have that option and what it could mean for your recovery.What Does Workers' Compensation Cover in Colorado?Colorado's workers' compensation system pays for medical treatment and a portion of lost wages when you are hurt on the job. The tradeoff is that workers' comp is the exclusive remedy against your employer. That means you generally cannot sue your employer directly, even if their negligence played a role in your injury.TheBureau of Labor Statisticsreported 2.5 million nonfatal workplace injuries and illnesses in private industry in 2024. The vast majority of those workers were limited to workers' comp benefits. But workers' comp does not cover pain and suffering or the full value of your lost wages. That gap can be significant when a serious injury keeps you out of work for months or longer.What Is a Third-Party Claim After a Colorado Work Injury?A third-party claim is a personal injury lawsuit filed against someone other than your employer or a co-worker. You have to prove the other party's negligence caused your injury. In return, you can recover damages that workers' comp never pays – including pain and suffering, emotional distress, and full lost wages.A sample of third-party claims in workplace injury cases might include:A delivery driver injured by a negligent motorist while on the clockA construction worker hurt by defective equipment made by an outside companyA retail employee hurt by a third-party delivery contractorA worker injured on a property owned or managed by a third party who failed to keep it safeAny of these situations may give you grounds to file a separate claim for full compensation.Can You File Both a Workers' Comp Claim and a Third-Party Lawsuit in Colorado?Pursuing both a third-party and a workers’ compensation claim at the same time is allowed under Colorado law. There is one key rule to understand before you settle anything, however. UnderC.R.S. § 8-41-203, Colorado's workers' compensation subrogation statute, the insurance carrier that paid your workers' comp benefits has a legal right to recover some of what it paid from your third-party settlement. This is called subrogation.Subrogation in Workers’ Comp ClaimsHere is what subrogation looks like in practice. Say your employer's insurer paid $40,000 in medical bills and lost wages. You later settle a third-party claim for $100,000. The insurer can seek up to $40,000 back from that settlement. The carrier cannot take more than what it actually paid in benefits; it can only get up to its lien amount. The insurer also has the right to step in and pursue the third-party claim directly if you choose not to. They have 90 days after receiving notice of your lawsuit to decide whether to intervene.What Can a Workers' Compensation Insurance Company Take From Your Third-Party Settlement?Colorado law does not automatically let the workers' comp insurer take every dollar from your third-party settlement. The insurer's claim is tied to the benefits it paid for economic losses, such as medical bills and wage benefits. Some parts of a settlement, including pain and suffering damages, may not be fully subject to reimbursement.Before you agree to any settlement, have a workers' compensation lawyer review the insurer's lien. An attorney can help make sure the amount the insurer claims is legally supported.Why You Should Not Settle Your Third-Party Claim Without Insurer ApprovalUnder C.R.S. § 8-41-203, settling your third-party claim for less than your total workers' comp benefits without written insurer approval can forfeit your right to future credit for attorney fees and costs. It can also put your remaining workers' comp benefits at risk. The insurer cannot unreasonably withhold approval, but you still need it in writing before you finalize any deal. Do not sign anything before speaking with an attorney.Schedule a Free Consultation with a Fort Collins, CO Workers' Compensation Attorney TodayIf you were hurt at work and a third party may share responsibility, the work injury attorneys at Hoggatt Law Office, P.C. are ready to help. We will review your case and identify every source of compensation available to you. Attorney Hoggatt is a member of the Colorado Trial Lawyers Association and the Workers' Compensation Education Association. Our attorneys offer free consultations so you can get real answers with no upfront cost. Call theLarimer County, CO workers' comp lawyersat Hoggatt Law Office, P.C. at970-225-2190today.Se habla español. | | | | | | | | |
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| What Can Motorcyclists Do to Help Stay Safe on the Road?Posted on May 31, 2026inCar AccidentMotorcycle riders in Colorado face a higher risk of serious injury in a crash than occupants of passenger vehicles. Motorcycles have no frame, no airbags, and no seatbelts, so injuries tend to be severe in accidents. The good news is that manymotorcycle crashesare preventable, and riders who know the law are also better protected if they do get hurt. If you were injured in a motorcycle crash in 2026, a Larimer County, CO motorcycle accidentattorneycan help you understand your legal options.What Safety Gear Should Colorado Motorcyclists Always Wear?Wearing the right gear every time you ride is the single most effective way to reduce your risk of injury. That means a helmet, eye protection, gloves, a jacket with built-in armor, and boots that cover the ankles. UnderC.R.S. § 42-4-1502, Colorado does not require adult riders to wear helmets, but riders under 18 must wear one.That legal flexibility does not reflect how dangerous riding without a helmet is. According to theNational Highway Traffic Safety Administration, motorcyclists were almost 27 times more likely than passenger car occupants to die in a crash in 2024. A helmet does not completely prevent fatalities, but it is one of the most important ways motorcycle riders can keep themselves safe.How Does Defensive Riding Protect Colorado Motorcyclists?Many drivers do not see motorcycles until it is too late. Defensive riding means positioning yourself where you are visible and giving yourself room to react. Keep at least three to four seconds of following distance behind the vehicle ahead. Stay out of blind spots and use your headlights during the day.Left-turn collisions are among the most common and deadly crashes involving motorcycles. Drivers often misjudge a bike's speed or simply fail to look twice before turning. These crashes frequently happen at intersections and can cause catastrophic injuries. Wearing bright or reflective clothing and staying alert at intersections gives you the best chance of avoiding them.Does Colorado's Lane-Filtering Law Affect Motorcycle Liability?Lane filtering became legal in Colorado underSB24-079, effective August 7, 2024. The law allows riders to pass between lanes of completely stopped traffic at no more than 15 mph. The lane must be wide enough to pass safely, and the rider cannot use the shoulder or pass in oncoming traffic. The law only applies where the posted speed limit is 45 mph or less. Lane splitting, which means moving through traffic that is still flowing, remains illegal in Colorado.The new lane-filtering law sometimes affects how fault is assigned after a crash. A rider who follows all five legal requirements and gets hit by a driver who suddenly moves has a strong claim. A rider who filters through moving traffic or exceeds 15 mph while filtering may be found partly at fault. Following the law precisely protects both your safety and your right to full compensation if a crash happens.What Steps Should You Take Right After a Motorcycle Crash in Colorado?If you were in a motorcycle crash, and you are safely able to do so, there are several steps you should take before leaving the scene:Call 911 and wait for the police to file a report, even if the crash seems minor.Take photos of the scene, your injuries, and all vehicles involved.Get the other driver's name, insurance information, and license plate number.Do not give a recorded statement to the other driver's insurance company before speaking with an attorney.Seek medical care right away, even if you feel fine at the time.Each of these steps creates a record that supports your claim. Some injuries, including internal bleeding and soft tissue damage, do not show symptoms immediately, which is why seeing a doctor the same day is important even when you feel fine. A gap in treatment gives the other side room to argue that your injuries were not serious or were caused by something else.What Daily Riding Habits Help Colorado Motorcyclists Stay Safe?A few consistent habits reduce your exposure on the road:Never ride after drinking. Alcohol is involved in a large share of fatal motorcycle crashes every year.Keep your motorcycle in good condition and check your tires, brakes, and lights before every ride.Use your turn signals early, follow posted speed limits, and give yourself extra braking distance on Colorado's mountain roads and descents.Riding responsibly helps your legal position if you ever need to file a claim, since it can help show that the other party bears the fault.Schedule a Free Consultation with a Larimer County, CO Motorcycle Accident AttorneyIf you were hurt in a motorcycle crash in 2026, the experiencedFort Collins, CO motorcycle injury lawyersat Hoggatt Law Office, P.C. are here to help. We offer free consultations. Attorney Hoggatt is a member of the Colorado Trial Lawyers Association and the Workers' Compensation Education Association. Call970-225-2190today.Se habla español. | | | | | | | | |
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