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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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How Long Do You Have To File a Wrongful Death Claim in Colorado?Posted on April 13, 2026inWrongful DeathLosing someone because of another person's negligence is devastating. Accidental deaths are more common than many families realize. TheCDCreported 197,449 unintentional injury deaths in the United States in 2024 alone. Behind every one of those deaths is a family facing the same difficult question: What are my rights, and how much time do I have? Those families are often also dealing with mounting bills, lost income, and an uncertain future.Colorado law gives surviving family members the right to pursue awrongful death claim, but that right comes with a strict deadline. If you are thinking about filing a claim in 2026, understanding the time limits now could protect your family's ability to recover compensation. An experienced Fort Collins, CO personal injuryattorneycan help you act before it is too late.What Is the Statute of Limitations for a Wrongful Death Claim in Colorado?Colorado gives families two years from the date of death to file a wrongful death lawsuit. UnderC.R.S. § 13-80-102, once that window closes, a court will almost certainly refuse to hear the case, no matter how strong the evidence is. This deadline also runs separately from any criminal case. If there are both civil and criminal charges filed against the liable party, waiting on a prosecutor's outcome can cost you your right to sue entirely, even if the criminal case results in a conviction.Who Can File a Wrongful Death Claim in Colorado, and When?Colorado's wrongful death law, found atC.R.S. § 13-21-201, determines not just the deadline but also who may file and when.In the first year after the death, the surviving spouse usually has the first right to file under C.R.S. § 13-21-201. The spouse can also choose in writing to let the heirs join the case or bring it. If there is no surviving spouse, the heirs or a designated beneficiary may be able to file.In the second year, the spouse, the heirs, or both may bring the claim underC.R.S. § 13-21-203, depending on the family situation. Because Colorado’s rules are specific, it is important to confirm who has the right to file before the deadline passes. This two-tiered structure is unique to Colorado and often catches families off guard. An attorney can help you figure out exactly where your family stands under this framework.Are There Any Exceptions That Can Extend the Deadline To File a Wrongful Death Claim in Colorado?In most cases, Colorado gives families two years to file a wrongful death lawsuit. There are some exceptions, but they are limited. For example, the deadline can extend to four years in certain cases involving a fatal crash where the at-fault driver also left the scene. Medical negligence cases can also follow different timing rules under a separate law.If the person who died was a child, the timing and who can file may be different depending on the situation. Courts look closely at the facts before allowing any change to the standard deadline.Also, if your claim may involve a city, county, or state agency, you may have to give formal notice within 182 days of discovering the injury. Missing that shorter deadline can block your case, even if the two-year limit has not passed.Because these rules are strict, it is important to have a lawyer review your case as soon as possible.Why Is it Important to Take Legal Action Quickly After a Wrongful Death in Colorado?Building a strong claim takes longer than most families expect. Evidence disappears fast. Surveillance footage gets overwritten. Witnesses forget details. Accident reconstruction experts need to examine vehicles and road conditions while the evidence is still intact.Starting early also gives your attorney time to identify every liable party. In truck accident deaths, responsibility can extend to the trucking company, a manufacturer, or a cargo loader. It can even reach a government entity if a dangerous road condition contributed to the crash. The more parties involved, the more complex the case becomes, and the more time your attorney needs to build it properly. Missing one responsible party can significantly reduce what your family recovers.Contact a Larimer County, CO Wrongful Death Attorney for a Free ConsultationFamilies dealing with a wrongful death deserve guidance from someone who knows Colorado law and genuinely cares about the outcome. Attorney Hoggatt is a member of the Colorado Trial Lawyers Association and is committed to helping Colorado families navigate some of the most difficult moments of their lives. Hoggatt Law Office, P.C. offers free consultations, so there is no cost to find out whether your family has a claim and how much time remains to act. Call970-225-2190today to speak with aFort Collins, CO personal injury lawyerwho will listen and help you understand your options.Se habla español.
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