Denver Work Injury Lawyer: Third-Party Claims

Work Injuries Caused by Someone Other Than Your Employer

Getting hurt on the job usually starts a workers' compensation claim. That is the no-fault system: your employer's insurance pays certain medical and wage benefits whether or not anyone was careless, and in most cases it is the only claim you have against your employer. Conduit Law does not handle workers' compensation claims. If you need help with the comp claim itself, a lawyer who practices workers' compensation is the right call.

Many work injuries, though, are caused by someone who is not your employer. A driver runs a red light while you are making deliveries. A subcontractor leaves a floor opening unguarded. A machine fails because of how it was built. A store's floor is wet when you come in to service its equipment. Those people and companies are not protected by your employer's workers' compensation coverage, and a separate personal injury claim against them can exist alongside your comp claim. That third-party claim is what we handle.

Common Third-Party Work Injury Claims

• Crashes while driving for work: another driver hits you in a company vehicle or in your own car on a work errand. These are car accident claims, and our Denver car accident lawyer page explains how they are built.
• Delivery and rideshare drivers hit on the job: the at-fault driver's liability coverage is the starting point, and app-company policies can matter too. See our page on rideshare accident claims.
• Company-vehicle crashes: when a work van or service truck from another business causes the crash, see our commercial vehicle accident page.
• Construction site injuries caused by another company: a subcontractor, an equipment rental company, or in some cases a general contractor whose crew created the hazard.
• Defective tools and machinery: a manufacturer can be responsible when a guard, brake, or safety system fails because of a design or manufacturing defect. Our product liability page covers those claims.
• Injuries on someone else's property while working: a delivery driver who falls on an unsafe stairway at a customer's building, or a technician hurt by a hazard the property owner knew about. See our premises liability page.

Workers' Comp and a Third-Party Claim Are Different Claims

• Who pays: workers' comp is paid by your employer's insurer. A third-party claim is made against the at-fault person or company and their insurance.
• Fault: comp does not require anyone to be at fault. A third-party claim does, so the evidence of what happened matters from day one.
• What it can cover: comp pays medical care and part of your lost wages on a set schedule. A third-party claim can include the full value of lost earnings, future care, and the physical pain and limits the injury puts on your life, to the extent the law and the proof support them.
• Deadlines: the two claims run on different clocks. Colorado injury claims generally have two years, and claims arising from a motor-vehicle crash generally have three (C.R.S. § 13-80-101(1)(n)). A claim involving a government vehicle or property needs written notice within 182 days. Comp has its own deadlines, so ask your comp lawyer about those.

The Workers' Comp Insurer's Lien

If workers' compensation pays benefits and you later recover from the at-fault party, the comp insurer usually has a right to be repaid from that recovery. People call it a lien or a subrogation interest. It does not erase the third-party claim, but it changes the math, so we account for it from the start and work with your comp lawyer so the two claims support each other instead of colliding.

How We Build a Third-Party Work Injury Claim

• Every party on the scene: who owned the vehicle or equipment, who controlled the site, which crews were working, and what policies cover them.
• Evidence that disappears: damaged equipment, vehicle data, video, site logs, and maintenance records are often controlled by someone else. We send preservation letters early.
• One consistent medical record: the same injury runs through the comp file and the injury claim, so the story told to every doctor needs to match.
• Coverage: commercial auto, general liability, and any UM/UIM coverage that applies to the vehicle you were in.

Elliot Singer has recovered more than $50 million for clients over his career. Every case is different, and past results do not predict the outcome of yours.

What to Do After a Work Injury Someone Else Caused

1. Report the injury to your employer and get medical care. That keeps the comp claim on track.
2. Write down who else was involved: the other driver and their insurer, company names on vehicles and equipment, and model or serial numbers if a machine failed.
3. Take photos of the scene, the vehicles, the equipment, and your injuries.
4. Be careful with the other side's insurer. You do not have to give a recorded statement before you understand your injuries.
5. Keep your records together, from both the comp claim and the injury claim.

Talk With Us About the Third-Party Claim

If someone other than your employer caused your work injury in Denver or anywhere in Colorado, call (720) 432-7032 or request a free case review. We will tell you plainly whether there is a third-party claim worth bringing. The consultation is free, and there is no fee unless we win. For more on how the two systems fit together, read workers' compensation vs. personal injury.