A Guide to Compensation for Injured Delivery Drivers in Colorado
From crashes to falls, learn your rights under Colorado workers’ comp and personal injury laws after a delivery accident in Denver
If you drive for UPS, FedEx, Amazon, or another delivery company in the Denver area and you were injured on the job, it’s not always clear what your legal options are.
We commonly get questions from delivery drivers like: Can I get workers’ comp if I caused the accident? If the accident was the other driver’s fault, can I sue the driver and get workers’ comp?
In this article, we’ll explain how workers’ compensation works for delivery drivers in Colorado, including what benefits may be available and why fault usually doesn’t matter for workers’ comp purposes. We’ll also cover when you may be eligible for additional compensation through a personal injury claim, such as when another driver, a property owner, or a third party caused the accident.
If you’re unsure of your legal options or need help filing a claim after getting injured during a delivery in Colorado, reach out to the local Denver work injury attorneys at Babcock Tucker to schedule a free consultation.
Is it dangerous to be a delivery driver?
Yes. Delivery driving is consistently ranked as one of the most dangerous jobs in the U.S., and recent federal data backs that up.
According to a 2022 study cited by the U.S. Government Accountability Office (GAO), the transportation and warehousing sector, which includes e-commerce warehouses and last-mile delivery drivers, had the highest serious injury and illness rate of all 19 major industries, with an estimated 3.8 serious cases per 100 workers in 2022.
For delivery drivers specifically, the most common causes of injury were:
- Overexertion
- Being struck by objects or equipment
- Falls
These risks are closely tied to repetitive lifting, tight delivery schedules, and constant entry and exit from vehicles.
Injuries from these types of work-related vehicle accidents range from broken bones and whiplash to serious brain injuries, amputations, and even permanent spinal cord damage.
Federal enforcement data shows ongoing safety concerns as well. From fiscal years 2018 through 2023, the Occupational Safety and Health Administration cited warehouse and last-mile delivery employers for more than 2,500 workplace violations, including ergonomic hazards.
The danger is even more pronounced when it comes to fatal work injuries. According to the U.S. Bureau of Labor Statistics, transportation incidents were the leading cause of workplace deaths in 2023, accounting for 36.8% of all occupational fatalities, or 1,942 deaths nationwide.
Taken together, the data shows that delivery drivers face a combination of physical strain, traffic exposure, and workplace safety gaps that make the job significantly more hazardous than many others.
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Do Colorado delivery drivers get workers’ comp?
Yes, most Colorado delivery drivers qualify for workers’ compensation, but coverage depends on how you are classified and whether the injury is work-related.
If you are an employee (even just part-time), your employer is generally required to carry workers’ comp insurance. That means you should be covered for injuries or occupational illnesses that happen while performing your job duties, such as driving routes, making deliveries, or loading and unloading packages.
If you’re classified as an independent contractor, you’re most likely not covered by workers’ comp.
This is common with app-based or gig work, such as driving for Uber or similar platforms. In those cases, workers’ comp will typically only be provided if you carry your own policy.
Misclassification can be an issue in delivery work. If a company labels you as a contractor but controls how, when, and where you work, you may still be entitled to workers’ comp benefits under Colorado law.
So, it’s a good idea to discuss your situation with a Denver workers’ compensation lawyer to see if you qualify.
In the news: Toxic chemical leak from FedEx truck shuts down I-25
On September 22, 2025, a FedEx delivery truck traveling from a warehouse in Colorado to Wyoming became stuck on a southbound Interstate 25 on-ramp in Thornton after a shipment of hydrochloric acid began leaking, according to local authorities.
The driver noticed the leak around 2 a.m. while en route, according to Fox 31 Denver KDVR. Officials said the truck was carrying five 300-gallon totes of hydrochloric acid, and an estimated 50 to 75 gallons spilled inside the trailer. As a precaution, the I-25 southbound on-ramp at 84th Avenue and portions of 84th Avenue were temporarily closed while emergency crews responded.
The Thornton Fire Department deployed a hazardous materials team to assess the situation. Crews entered the truck in protective hazmat suits to identify the source of the leak and develop a plan to neutralize the acid and reduce its reactivity.
Authorities indicated the spill was contained within the trailer and did not spread onto the roadway. Fortunately, there were no reported injuries to the driver from chemical exposure.
What happens if you crash as a delivery driver in Colorado?
If you’re injured in a crash in Colorado while working as a delivery driver, what happens next depends on who caused the accident and how the claims are handled, but workers’ compensation is usually the starting point either way.
Workers’ compensation after a delivery crash
If you were driving for work when the crash happened, you are generally covered by Colorado workers’ compensation regardless of fault. That means you can usually receive medical treatment and wage loss benefits even if the accident was your mistake.
Workers’ comp is a no-fault system, so causing the crash does not automatically disqualify you from benefits.
If you caused the accident
If you are primarily responsible for the crash, workers’ compensation is typically your only source of compensation for the injury. Workers’ comp benefits cover medical care and a portion of lost wages (about two-thirds) but not pain and suffering.
If another driver caused the accident
If a third party, such as another motorist, caused or contributed to the crash, you may be able to pursue a separate personal injury claim against that driver in addition to receiving workers’ compensation benefits.
This would allow you to pursue compensation for damages not covered by workers’ comp, including full wage loss, emotional distress, and pain and suffering.
Keep in mind that Colorado follows a modified comparative fault rule. Under this rule, you can only recover compensation from the at-fault driver if you are 49% or less responsible for the crash. If you are 50% or more at fault, you cannot recover anything from the other driver.
How a third-party claim affects workers’ comp in a delivery accident
You can receive workers’ comp benefits while a third-party injury claim is pending. However, if you recover money from the at-fault driver, the workers’ comp insurer may have a right to be reimbursed for certain benefits it paid. This does not mean you lose workers’ comp coverage, but it does affect how settlement funds are distributed.
Because delivery crashes often involve questions about fault, employer coverage, and overlapping claims, getting clear guidance from a local Colorado WC attorney early can help ensure you receive maximum compensation under Colorado law.
Injured as a delivery driver in Denver and need help with your claim?
Whether you were hurt in a crash or injured while delivering packages to someone’s property, having a local legal team that handles both workers’ comp and personal injury claims can make a real difference.
The local Denver work injury attorneys at Babcock Tucker represent delivery drivers across Colorado in workers’ compensation claims and third-party car accident cases. We understand how these claims overlap, how insurers try to limit payouts, and how to pursue additional compensation when another driver or third party is responsible.
If you suffered a serious or catastrophic injury on the job and need clear guidance from a Denver-based law firm focused on protecting your income, your health, and your long-term recovery, schedule a free consultation with Babcock Tucker today.
References
Bureau of Labor Statistics. (2023). National Census of Fatal Occupational Injuries in 2022. https://www.bls.gov/news.release/pdf/cfoi.pdf
Office, A. (2024). Workplace Safety and Health: OSHA Should Take Steps to Better Identify and Address Ergonomic Hazards at Warehouses and Delivery Companies. gao.gov. https://www.gao.gov/products/gao-24-106413
