Work-Related Car Accident Attorneys in Colorado Springs

Experienced Colorado Springs Work-Related Car Accident Lawyers Serving Victims Throughout Southern Colorado

If you have suffered a work-related car accident in Southern Colorado, you may wonder how to pursue compensation for harms and losses because the accident happened while you were working. Our work-related car accident attorneys at Heuser & Heuser, LLP protect workers’ rights and help them seek fair compensation and medical care through Workers’ Compensation claims and third-party injury claims when applicable.

You may have a valid claim through Colorado’s Workers’ Compensation system, and you may have a separate claim against the driver who caused the crash. Our attorneys at Heuser & Heuser, LLP can help you throughout the Workers’ Compensation process and identify the right strategies to pursue Workers’ Comp benefits and other compensation that may be available.

Call us at (719) 520-9909(719) 520-9909 or fill out our contact form to schedule your free consultation so we can assess your case and begin your path to recovery and justice.

Key Takeaways:

• Heuser & Heuser, LLP helps work-related car accident victims seek compensation for their injuries caused by another person’s negligence or carelessness in Colorado Springs and throughout Southern Colorado.
• Injury victims should seek immediate medical attention after a work-related car accident, which encourages proper diagnosis, helps physical recovery, and supports an eventual personal injury claim.
• Victims that suffered car accidents while performing work responsibilities may explore claims for both Workers’ Comp benefits and third-party personal injury, as applicable to the details of the accident.
• Colorado’s claim-filing deadline for work-related car accidents is usually two years, but some claims must be filed more quickly, so victims need to gather evidence and prepare a legal strategy well before that deadline.
• Heuser & Heuser, LLP offers free consultations and can work on a contingency fee basis, which means you only pay for legal services if Heuser & Heuser, LLP wins compensation for you. It is in your interest to request a free case evaluation today to determine the right next steps for your work-related car accident case.

Common Types of Work-Related Car Accident Scenarios in Colorado Springs

There are several common causes of work-related auto accidents in Colorado Springs:

• Distracted Driving Accidents: Employees often face distractions from mobile devices, paperwork, or other in-vehicle activities, leading to collisions while on the job. Colorado has a no-fault system for Workers’ Comp claims.
• Impaired Driving Incidents: Workers may be hit by the vehicle of another driver on the road who is under the influence of alcohol or drugs.
• Speeding-Related Crashes: Employees rushing to meet deadlines or schedules may exceed speed limits, leading to loss of control and accidents. These types of accidents are common among employees engaged in delivery  tasks or service calls.
• Single-Vehicle Accidents: These occur when a driver loses control due to fatigue, distraction, or adverse weather conditions, often leading to collisions with stationary objects.
• Multi-Vehicle Collisions: Involving more than one vehicle, these accidents can occur in heavy traffic or due to sudden stops, often leading to severe injuries.
• Rear-End Collisions: Common in congested traffic, these accidents happen when a driver fails to stop in time, hitting the vehicle in front of them.
• Intersection Accidents: These occur when drivers fail to obey traffic signals or yield the right of way, commonly leading to side-impact collisions.
• Vehicle Rollover Accidents: Often involving larger vehicles like trucks, rollovers can occur due to sharp turns or high speeds.
• Work Zone Accidents: Employees working in or near road construction zones face increased risks from passing traffic, leading to potential collisions.
• Pedestrian-Related Accidents: Drivers may accidentally hit pedestrians while moving through busy work sites or urban areas, leading to serious injuries.

The variety of these work-related auto accident types highlights the diverse risks associated with work-related driving tasks in Colorado Springs. Our personal injury lawyers at Heuser & Heuser, LLP can review the details surrounding work-related car or truck accident during a free case evaluation to identify the extent to which you may have contributed to the accident, which could affect a separate potential third party injury claim associated with your on the job accident.

We Know How a Work-Related Car Accident Affects Your Whole Life

If you’ve been hurt in a work-related car accident, you might be wondering whether to pursue a car accident claim, a Workers’ Comp claim, or both. At Heuser & Heuser, LLP, we understand how overwhelming this can feel. We are here to provide clear answers tailored to your situation.

Our workplace injury legal team takes the time to understand your story, your concerns, and what matters to you. During a free case evaluation, we’ll address these questions in detail and guide you through the next steps with care and understanding. You don’t have to face this alone. We’re here to help.

Distinguishing Personal Injury Claims and Workers’ Compensation Claims for a Work-Related Car Accident in Colorado Springs

Personal injury claims and Workers’ Compensation claims serve different purposes and are governed by distinct legal requirements under Colorado law. One or both may apply in your case, and our attorneys at Heuser & Heuser, LLP can help you better understand your legal options.

Personal Injury Claims for Work-Related Car Accidents in Colorado Springs

A personal injury claim (or a car accident claim in the case of a work-related car accident) allows you to seek compensation from a third party, such as an at-fault driver, for the harm caused by their negligence. A personal injury claim is fault-based. Even when the accident happens while you’re working, this type of claim focuses on holding a responsible party accountable beyond your employer’s responsibilities.

A personal injury claim for a work-related car accident involves:

• Fault-Based Compensation: Personal injury claims rely on proving that another party was at fault. For instance, if another driver caused an accident due to distracted driving or running a red light, you could file a claim against that individual’s insurance. Under Colorado’s modified comparative negligence rule, you may still claim compensation as long as you are less than 50% at fault.
• Damages Beyond Workers’ Compensation: These claims can include compensation for pain and suffering, emotional distress, and loss of enjoyment of life, which are not typically covered by Workers’ Comp. For example, if your injuries prevent you from engaging in family activities you once loved, a personal injury claim can address those losses.
• Three-Year Time Limit: Colorado law gives you three years from the date of the car accident to file a personal injury claim caused by a motor vehicle. Missing this deadline could close off your ability to pursue compensation from the at-fault party.
• Third-Party Claims Could Involve Motor Vehicle Product Liability in Some Cases: If faulty equipment or a negligent contractor contributed to the accident, you could potentially file a third-party personal injury claim in addition to seeking Workers’ Compensation.

During a free case evaluation, our workplace accident lawyers at Heuser & Heuser, LLP can guide you regarding what potential Workers’ Comp benefits may be available through a Colorado Springs Workers’ Compensation claim, while exploring whether you have a valid third-party personal injury claim.

Workers’ Compensation Claims for Work-Related Car Accidents in Colorado Springs

Workers’ Compensation is designed to provide injured employees with benefits, regardless of who caused the accident, as long as it occurred within the scope of their job duties. Colorado Workers’ Compensation laws offer a no-fault system with specific benefits aimed at addressing workplace injuries and accidents.

• Employer Coverage for Job-Related Injuries: If the accident happened while you were performing duties for your employer, such as making deliveries or traveling between work sites, you are likely eligible for Workers’ Compensation. Workers’ Comp benefits cover medical expenses, permanent disability payments, and partial wage replacement without requiring you to prove fault.
• No Compensation for Non-Economic Damages: Workers’ Compensation does not provide payment for pain and suffering or other non-economic damages (subjective losses). For example, if you endure significant emotional distress after the accident, Workers’ Compensation would not account for this.
• Strict Deadlines for Reporting and Filing: You need to inform your employer as soon as possible after you get hurt on the job. Colorado law indicates that you must inform your employer in writing within ten working days. The following deadlines then apply for your employer and the Workers’ Comp insurance company:
  • Your employer then has 10 days from the date of the written notification to report the work injury to the Workers’ Compensation insurer.
  • If the injury leads to more than three days or shifts of lost time, permanent impairment, or death, the insurance carrier must file a First Report of Injury (FROI) with the Division of Workers’ Compensation (DOWC) within 10 days.
  • The insurance carrier then has up to 20 days after filing the FROI to file a position on the claim. If the insurance carrier files a notice of contest, it must be done electronically.
  • The statute of limitations to dispute unresolved issues in a Workers’ Compensation claim with the Colorado Division of Workers’ Compensation is two years. While injured employees usually access Workers’ Comp benefits earlier in the process, this filing is necessary to preserve your claim and any right to benefits.
  • Sole Remedy Rule Exceptions: Generally, Workers’ Compensation is the only remedy you can pursue against your employer. However, if a third party contributed to your injury, you could file a personal injury claim against them while also claiming Workers’ Compensation benefits.

Can Both Claims Apply to Your Case?

There are scenarios where both a personal injury claim and a Workers’ Compensation claim may be applicable. For instance, if you’re driving for work and a distracted driver causes a crash, you could seek Workers’ Compensation benefits from your employer while also pursuing a personal injury claim against the at-fault driver. An additional personal injury claim could be a way to seek non-economic damages in relation to your work-related car accident.

Each case is unique, so request a free case evaluation with Heuser & Heuser, LLP in Colorado Springs to find out how Colorado law applies to your situation. We will help you explore your options. Knowing the details and pursuing a coordinated and comprehensive legal strategy can make the difference in your recovery.

What Can Workers’ Comp Benefits Cover in Colorado?

Workers’ Compensation benefits in Colorado support employees who experience injuries or illnesses that occur while they are performing job-related duties.

Workers’ Compensation benefits in Colorado can include:

• Medical Benefits: Workers’ Compensation covers necessary medical care related to a work injury or illness. It includes emergency treatment, ongoing medical care like surgeries and physical therapy, and prescribed medications or medical devices such as crutches or wheelchairs. Additionally, Colorado law allows for reimbursement of travel expenses for commuting to approved medical appointments.
• Lost Wage Benefits: If an injury prevents work, Workers’ Compensation can provide wage replacement to an injured worker. These lost wage benefits fall under two categories describing the type of disability involved: Temporary Total Disability (TTD) or Temporary Partial Disability (TPD).
• Permanent Impairment Benefits: Workers who suffer permanent injuries may be eligible for the following additional forms of compensation based on the severity and type of impairment suffered:
  • Scheduled injury benefits apply to permanent damage to specific parts of the body, like a hand or leg, with payment amounts guided by Colorado statutes.
  • Whole Person Impairment is for injuries that significantly affect the overall body, such as debilitating spinal injuries or organ damage. Your attorney at Heuser & Heuser, LLP can identify whether these apply in your case and which to pursue.
• Death Benefits: If a worker dies due to a job-related injury or illness, Workers’ Compensation provides financial assistance to their family. These benefits include coverage for funeral and burial expenses up to an amount specified by Colorado law. Surviving family members, such as spouses and dependent children, may also be eligible for a portion of the deceased worker’s average wages to maintain financial stability.

Our attorneys at Heuser & Heuser, LLP can guide you to pursue Workers’ Compensation benefits, helping you and your family seek access to valuable resources during difficult times. Tell us your story, and we will tell you what your case is worth during a free consultation.

Types of Disability Benefits After a Work-Related Car Accident in Colorado Springs or Southern Colorado

Most employers in Southern Colorado carry Workers’ Compensation insurance, allowing many injured Colorado workers to seek disability or medical benefits under their employer’s insurance carrier. There are several different types of disability benefits for which you may be eligible following a workplace accident or work-related car accident in Southern Colorado:

• Temporary Total Disability (TTD): TTD benefits are paid when a doctor takes you completely off work or if your employer cannot accommodate your work restrictions. Benefits for Temporary Total Disability include two-thirds of your average weekly wage, paid every two weeks. These payments can continue until you return to work, reach maximum medical improvement (MMI), or fail to attend a required medical appointment.
• Temporary Partial Disability (TPD): TPD benefits can apply when you return to work but earn less than your pre-injury wages due to reduced hours or duties. The benefit for Temporary Partial Disability equals two-thirds of the difference between your pre-injury wage and your current earnings.
• Permanent Partial Disability (PPD): PPD benefits compensate for permanent loss of function or impairment to a body part. The amount is calculated based on the impairment rating assigned by a doctor and Colorado state statutes. PPD benefits are paid in addition to temporary benefits applicable in your case.
• Permanent Total Disability (PTD): PTD benefits are for victims unable to earn any wages due to their injury. These benefits for permanent disability continue for life or until the individual is no longer considered totally disabled.

These disability and medical benefits associated with a Colorado Springs Workers’ Comp claim can support injured workers financially while they recover or adjust to long-term disabilities. Our Colorado Springs Workers’ Compensation lawyers at Heuser & Heuser, LLP can review your unique case during a free consultation and identify the right steps for you to make a Workers’ Comp claim.

How Workers’ Compensation Claims and Personal Injury Claims Interact in Colorado Springs

If you’ve been injured in a work-related car accident, it’s possible to pursue both a Workers’ Compensation claim and a personal injury claim. These claims address different aspects of your injury, and understanding how they interact can help you make informed decisions.

Workers’ Compensation provides benefits through your employer’s insurance for medical care, lost wages, and any rehabilitation needs arising from a work-related injury. However, it doesn’t allow for compensation related to pain, suffering, or other non-economic damages.

Personal injury claims, on the other hand, focus on holding a third party, such as another driver, financially accountable for your damages, including non-economic losses that Workers’ Compensation does not cover.

How Workers’ Comp and Personal Injury Claims May Impact Each Other in Colorado

When both Workers’ Comp and third-party personal injury claims are active, a legal principle called subrogation often comes into play. Subrogation gives the Workers’ Compensation insurance carrier the right to recover costs they’ve paid out if you also accept compensation through a personal injury settlement or verdict.

Here’s how this might affect your case in Colorado Springs:

• Repayment to the Workers’ Compensation Carrier: If you accept a personal injury settlement or award, the Workers’ Compensation insurer may seek to recover some or all of what they’ve paid for medical expenses and wage replacement. This reimbursement typically comes from the portion of compensation attributed to economic damages.
• Balancing Compensation: While subrogation can reduce the net personal injury settlement you ultimately keep, pursuing the separate personal injury claim may still leave you with compensation for losses that Workers’ Compensation cannot cover, such as pain and suffering or loss of enjoyment of life.

The Relevance of Subrogation to Your Case

Subrogation doesn’t automatically apply in every situation. Factors such as the details of the accident, the amount Workers’ Compensation has paid, and the terms of any personal injury resolution will all influence whether subrogation pertains to your case. Colorado law outlines specific guidelines about how much an insurance carrier can recover and under what circumstances.

Evaluating Your Work-Related Car Accident Case in Southern Colorado

The interaction between Workers’ Compensation claims and personal injury claims can be complex, particularly when subrogation is involved. Understanding your rights and the potential financial implications is a key step in managing your recovery.

If you have been injured in a work-related car accident, Heuser & Heuser, LLP can provide you with a free consultation to evaluate how these claims may apply to your specific situation. We can guide you through the process based on Colorado’s state laws.

How a Work-Related Car Accident Attorney at Heuser & Heuser, LLP Can Help You Seek The Compensation You Need

Heuser & Heuser, LLP helps victims of work-related car accidents in Southern Colorado by managing the legal complexities involved in their cases.

We handle the legal responsibilities to pursue compensation on injury victims’ behalf for medical bills, lost wages, and non-economic damages from liable third parties. This allows work injury victims to to focus on their physical recovery while Heuser & Heuser, LLP handles the legal work required to move the case forward.

We handle each step, from filing claims to dealing with the Workers’ Compensation process and exploring third-party claims if another driver was at fault, negotiating for appropriate compensation as necessary to serve accident victims’ best interests.

A Workers’ Comp claim for a work-related car accident:

• Seeks benefits for work-related injuries through your employer’s insurance company
• Seeks to compensate you for medical bills and a portion of lost wages
• Does not include compensation for your pain, suffering, or other emotional (non-economic) damages
• Does not require proving fault for the injury

A third-party claim for a work-related car accident:

• Seeks to hold an external third party accountable for their carelessness that caused the auto accident
• Can claim both economic damages and non-economic damages like pain, suffering, and emotional distress
• Must prove fault by showing that the third party’s negligence directly caused the accident

If you have suffered a work-related accident in Southern Colorado, we are prepared to tell you what your case is worth during a free case evaluation. Tell us your story, and we will guide your next steps.

Schedule a Free Consultation with Heuser & Heuser, LLP to Explore Potential Claims for Workers’ Compensation and Third-Party Injury Following a Work-Related Car Accident in Colorado Springs or Southern Colorado

If you have suffered a work-related car accident in Colorado Springs or the surrounding Southern Colorado area, our attorneys at Heuser & Heuser, LLP can pursue compensation on your behalf. Our law firm will evaluate your case for free, and we will work on a contingency fee basis, which means you only pay us if we win money for you in your case.

While our Workers’ Compensation lawyers provide you legal representation, you can focus on your life. We know how to avoid the serious pitfalls that can harm your personal injury case. We are dedicated to pursuing justice for injury victims like you and giving you peace of mind while we seek the money you need to cover your losses and support your recovery.

Call us at (719) 520-9909(719) 520-9909 or fill out our contact form to schedule your free consultation so we can assess your case and begin your path to recovery and justice.

Southern Colorado Locals Committed to Providing You Peace of Mind on Your Road to Recovery