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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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| Did an Amazon Truck Hit Your Car?Posted on May 14, 2026inTruck AccidentAmazondelivery trucksare all over Colorado roads in 2026.Amazonrecently reported that Prime members in the United States received more than 8 billion same-day or next-day deliveries in 2025, showing how large and fast-moving the company’s delivery network has become. With so many deliveries happening every day, crashes involving Amazon drivers are becoming more common.When one of those crashes involves your car, figuring out who pays is not always easy. Amazon relies on a large network of outside companies to make its deliveries, which can make it harder to hold the right party responsible. If an Amazon driver hit your vehicle, you may be able to recover money for your injuries, and a Fort Collins, CO truck accidentlawyercan help you understand your options.What Should You Do Right After an Amazon Delivery Truck Crash in Colorado?The steps you take at the scene matter more than most people think. Call 911 even if the damage looks minor. A police report creates an official record of what happened and who was involved. If anyone is hurt, ask for medical help right away.While you wait, and if it is safe, take photos of both vehicles, the area around the crash, and any visible injuries. Get the driver's name, phone number, license plate number, and insurance details. If there are witnesses, get their contact information too. Write down everything you remember as soon as you can, while it is still fresh. Do not move your vehicle until the police arrive unless it is blocking traffic.One more thing: do not give a recorded statement to any insurance company before you talk to a personal injury attorney. Adjusters are trained to find ways to lower what you recover, and anything you say can be used against your claim.How Do Insurance Claims Work After an Amazon Truck Accident?If an Amazon driver hits you, you may be able to file a claim directly with Amazon. Most Amazon delivery drivers are not Amazon employees. They work for smaller companies called Delivery Service Partners, or DSPs. These are outside businesses that Amazon hires to handle deliveries. If the driver who hit you worked for a DSP, Amazon will likely tell you to file your claim through that company's insurance instead.This matters because each DSP carries its own insurance, and those policies vary. The coverage limits may not be enough to pay for serious injuries. If the policy falls short, you may need to go after the DSP directly or look at whether Amazon itself can be held responsible.Can Amazon Be Held Liable for a Delivery Driver Crash in Colorado?Amazon has long said it is not responsible for crashes caused by DSP drivers because those drivers are outside contractors. Courts have started to look past that argument, though. They look at how much control Amazon actually has over those drivers each day.In a 2024 Georgia case, Bradfield v. Amazon Logistics, a jury found that Amazon exercised enough control over its delivery operation to share responsibility for a crash involving one of its delivery partners. The Georgia jury put 85 percent of the fault on Amazon and awarded the victim $16.2 million. That ruling matters because it shows courts are willing to look at how Amazon actually runs its delivery network, not just what its contracts say. What they find is troubling. ACBS News investigationof six years of federal safety data found that Amazon’s middle-mile trucking contractors had unsafe driving violation rates at least 89 percent higher than other carriers in every month studied. Those numbers point to a system-wide problem, and they help explain why more courts are starting to make Amazon answer for what its drivers do on the road.Does Amazon Cover Flex Drivers Who Get Into Accidents in Colorado?Amazon also runs a program called Amazon Flex, which lets people deliver packages using their own cars. Amazon says Flex drivers are covered by a commercial auto insurance policy that includes up to $1 million in liability coverage, along with uninsured and underinsured motorist coverage, while they are actively making deliveries.That coverage does not apply in every situation, though. Drivers must still keep their own personal auto insurance active. If the driver was not actively delivering for Amazon at the time of the crash, you may need to file a claim through the driver’s personal insurance instead. If that policy does not fully cover your injuries, you may still have other options. An attorney can review all available insurance coverage and help you decide the best path forward.What Evidence Helps Prove an Amazon Truck Accident Claim in Colorado?Amazon tracks its delivery vehicles closely. GPS data, delivery logs, route timing, and in-van camera footage all exist and can back up your case. This data can be deleted, so acting fast is important. An attorney can send a legal hold notice to stop Amazon and its outside carriers from getting rid of records that help show what happened.Under the Colorado Revised Statutes,C.R.S. § 13-80-101, you have three years from the date of the crash to file a personal injury lawsuit. If you miss that deadline, you will likely lose your right to recover anything at all.Schedule a Free Consultation with Fort Collins, CO Truck Accident AttorneysAn Amazon delivery crash can pull in multiple insurance companies, a DSP carrier, and Amazon itself, with all of them wanting to pay you as little as possible. The experiencedLarimer County, CO personal injury lawyersat Hoggatt Law Office, P.C. know how to handle that. Attorney Hoggatt is a member of the Colorado Trial Lawyers Association, which means our team keeps up closely with how courts are handling carrier liability and delivery truck crash claims.We offer free consultations. Call970-225-2190or reach out online to get started today.Se habla español. | | | | | | | | |
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