Colorado Car and Truck Accidents at Work
Who is responsible for paying after a work-related auto accident?
Car crashes are some of the most common accidents that occur. And sometimes, these accidents happen when one or both drivers are working. Delivery drivers are some of the most common victims of these types of on-the-job accidents.
Being in a car accident is scary in any situation. But there’s an additional layer of stress when you’re involved in a crash while driving for your job. You might be scared of what your boss will say or do.
Will you get fired? Can you get workers’ compensation, even if the collision was your fault?
Rest assured that if you’re traveling by car during the course of your employment and you’re involved in a car accident, you do qualify to receive workers’ compensation benefits in Colorado—regardless of who’s at fault for the accident.
Unfortunately, this fact can get obscured sometimes, which is why it’s important you hire a Denver workers’ compensation lawyer to help you obtain all of the medical, wage loss and permanent disability benefits you’re entitled to.
Don’t depend on your employer or insurance company to act in your best interests; take the first step by contacting a work injury attorney who specializes in car and truck crash cases to protect your rights.
Workers’ compensation for work-related auto accidents
Colorado workers’ compensation is a no-fault insurance system that pays for an employee’s medical expenses and lost wages as a result of a job-related injury or illness, regardless of who was responsible for the accident. But before you can qualify for benefits, your attorney has to prove that you were injured while working for your employer and in the course of doing your job.
The process of properly filing a worker’s compensation claim is complex, and both insurers and employers often try to minimize a worker’s injuries in order to minimize their payout—at the expense of the injured worker.
Broken bones, back injuries, traumatic brain injuries and whiplash are some of the most common injuries in automobile accidents. These injuries can be devastating under any circumstances, but they can be even more so if they require long-term medical care that prevents you from returning to work.
Our Colorado workers’ compensation attorneys know the rules and regulations surrounding workers’ compensation claims in our state. Our attorneys have decades of experience and can represent you in an administrative hearing before a Department of Labor judge, if necessary, to get you the benefits you deserve.
Personal injury (third-party) lawsuits for a car accident at work
In addition to a workers’ compensation claim, you may also be able to bring a third-party claim under an automobile policy after being injured in a car accident at work. Unlike workers’ compensation cases, determining fault in a third-party claim is a crucial and necessary part of the process.
So if you decide to file a third-party lawsuit in addition to a workers’ compensation claim, then you’ll certainly need the advice of an experienced personal injury attorney who can help you prove liability.
Sometimes, liability is not clear. Perhaps both you and the other driver are partially to blame for the accident. In that case, can you still recover damages? Colorado is a comparative fault state, which means that your compensation is based on your percentage of fault, and you must be less than 50% at fault for the accident to recover any compensation.
Employer liability for a work-related car or truck accident
What about an employer? Can they be held partially responsible for a truck or car crash?
For instance, a commercial trucking company can be liable for accidents caused by a truck driver’s negligent or reckless acts through the laws of negligent entrustment, imputed negligence, and strict liability. These laws hold the employer responsible for the behavior of their driver and in circumstances where equipment is improperly maintained or defective.
Truck accidents are particularly complicated. Title 49 of the Code of Federal Regulations, the U.S. Department of Transportation, and the Federal Motor Carrier Safety Administration all govern commercial truck drivers and commercial shipping companies.
To go up against a trucking company, you need an experienced truck accident attorney in Denver who knows how to prove that the trucking company is responsible for your injuries and damages.
Contact an experienced Colorado work injury law firm
As you can tell, work-related car or truck accidents are more complex than other types of cases. For starters, injured workers may have to go up against their employer and multiple insurance companies—not to mention the other driver. It can sometimes be difficult for workers to know whether they should file a workers’ compensation claim, a third-party claim with a motor vehicle insurer, or both.
If you’ve been injured in a crash or collision, contact our team of experienced Denver work injury attorneys to schedule your free initial consultation. We help accident victims throughout the state of Colorado get the best possible compensation for work-related car and truck accidents, and we’d love the opportunity to help you too.