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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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| Why Do Head-On Crashes Often Cause Catastrophic Injuries?Posted on December 17, 2025inCar AccidentsOn June 8, 2025, acrash on I-25 in Denverkilled one person and injured four others. A Dodge Caravan was heading in the wrong direction when it hit a Subaru. The Dodge's driver died in the accident, and the passenger in that van had to be extricated before being transported to a nearby hospital. Three of the Subaru's occupants were also hospitalized, with two of them having serious injuries. That same Dodge was spotted driving the wrong way earlier in the day in another area.Head-on collisionsare among the most dangerous types of car accidents, often causing severe or even fatal injuries. The higher your damages, the harder an insurance company is likely to fight against paying your claim. OurDenver, CO personal injuryattorneyswill fight to recover the most compensation available for your claim.What Is So Dangerous About a Head-On Collision?Because both vehicles in a head-on crash are usually moving at the time of impact, the force of the collision is often doubled. For example, if both vehicles are traveling at 50 mph in opposite directions, the impact force is like hitting a brick wall at 100 mph. The human body cannot withstand this kind of force unscathed, even with safety features like airbags and seatbelts.Because the front of the vehicle takes the full force of the impact, the engine area is often crushed. Drivers and front-seat passengers are at risk of being trapped or pinned, which can lead to serious injuries.If passengers are not using seatbelts, they may be ejected from the car. Sudden deceleration upon impact can rupture, shift, or tear organs. The head and neck frequently suffer blunt force impact, potentially leading tobrainandspinal cord injuries.What Causes Head-On Crashes?While rear-end accidents are the most common type of car accident, there have been more than 3,200 head-on collisions in Colorado so far this year according to theColorado Department of Transportation, caused by a variety of issues.Distracted DrivingA primary cause of head-on car collisions is driving distracted. The consequences can be deadly when drivers stop paying attention to the road, even for a second. Even eating or changing the radio station can impair a driver's ability to stay in their lane.Impaired DrivingDriving under the influence of alcohol or drugs is another common cause of head-on accidents. Drunk drivers often exhibit reckless behavior, such as swerving across lanes or driving in the wrong direction. These actions endanger not only the impaired driver but also innocent motorists sharing the road.Fatigue and Drowsy DrivingThis is an underestimated cause of head-on car accidents. Sleep-deprived drivers experience impaired judgment, slower reaction times, and even fall asleep at the wheel. These factors can lead to unintentional lane drifting and head-on collisions.Dangerous Passing ManeuversDrivers who decide to pass other vehicles without checking to see if the other lane is clear can cause deadly head-on crashes. Passing on two-lane roads without enough space and visibility puts everyone at risk.Road Conditions and WeatherBad weather conditions also contribute to head-on car collisions. Slippery surfaces, bad visibility, and limited traction make it harder for drivers to maintain control of their vehicles. Oncoming traffic may unexpectedly veer into the wrong lane due to hydroplaning, skidding, or loss of control.What Kinds of Injuries Are Common in Head-On Accidents?Some of the most severe injuries in head-on crashes include:Traumatic brain injuries from hitting the steering wheel, window, or dashboardSpinal cord injuries that may lead to paralysisBroken bones, especially in the legs, arms, and ribsInternal bleeding or organ damageSevere facial injuries or disfigurementThese injuries often require surgery, long hospital stays, and ongoing rehabilitation. In some cases, the damage is permanent or fatal.What Could Head-On Collision Damages Cover?People who survive head-on collisions often face a long road to recovery. Some may never regain full mobility. Others may not ever be able to return to work or live independently. The physical, emotional, and financial costs of these accidents can be staggering.Your damages are unique, based on your case's specific details. Your compensation may include current and future accident-related expenses, as well as various forms of pain and suffering. If you are filing awrongful death claimunderColorado Revised Statutes § 13-21-202, additional damages may apply.There is no way to determine the exact amount until your attorney knows your case-specific factors. These include:Whether you share any fault for the crashThe total cost of your accident-related expensesThe estimated costs of your future medical expensesHow much money you earnHow significantly your accident and injuries impacted your quality of lifeDeserving compensation does not mean that actually getting it will be easy. It takes experience and determination to win. We have recovered over $100 million in settlements and verdicts, and we look forward to adding your damages to that total.Consult Our Experienced Denver, CO Car Accident LawyersWhen you choose The Gold Law Firm, you are working with a partner who is focused on protecting your best interests after a head-on collision. We will calculate your damages and work hard to see you collect the highest amount available.Arrange your free consultation with our experiencedDenver, CO personal injury lawyerstoday by calling303-694-4653or contacting us online. | | | | | | | | |
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