Delivery drivers are an essential part of our modern economy, transporting everything from meals and groceries to parcels and medical supplies. But with their roles come high risks: road hazards, dog bites, fall accidents, and repetitive strain injuries, among others. These risks lead to delivery driver injuries and workers’ comp statute of limitations in Denver. But how does it work?
Delivery Driver Injuries and Workers’ Comp
When a delivery driver is injured on the job in Denver, Colorado, they may be entitled to workers compensation benefits or possibly even pursue personal injury claims, depending on the party responsible and the circumstances of the accident.
In this article, we examine the rights of injured delivery drivers, the Colorado Workers’ Compensation Act, and the critical statute of limitations deadlines. We’ll also discuss how to handle the claims process, calculate lost wages, and protect your financial future. Moreover, we will also assist the injured worker in understanding the workers compensation system.
The Unique Risks Faced by Delivery Drivers
Delivery work in Denver exposes drivers to a wide range of dangers, including:
- Car accidents with other vehicles or obstacles (resulting in a car accident claim)
- Dog bites while approaching homes
- Slip and fall accidents or premises liability when carrying packages over uneven surfaces
- Repetitive motion injuries from lifting or driving
- Exposure to extreme weather
Whether you’re working as an employee of a company like FedEx, Amazon, or a local courier service—or even as an independent contractor—understanding your rights under Colorado law is essential if an accident occurs while working. Remember, the employee’s injury is the company’s responsibility, so if you’re thinking of suing a FedEx driver, you can.
Workers’ Compensation for Delivery Drivers in Colorado
Does Workers’ Compensation Cover Delivery Drivers?
Under the Colorado Workers’ Compensation Act, employers with one or more employees must carry workers compensation insurance.
This includes many businesses employing delivery drivers. In most situations, if you’re a delivery driver classified as an employee, you’re eligible to file a workers compensation claim if you’re injured on the job.
Employers and their workers compensation carrier are responsible for paying:
- Medical expenses
- Lost wages
- Medical benefits for ongoing treatment
- Temporary disability benefits
- Permanent disability benefits
The employer selects designated providers, including the authorized treating physician, who will manage your care and determine when you’ve reached maximum medical improvement (MMI). In more severe cases involving personal impairment, victims might receive benefits in larger amounts.
Types of Benefits Available
1. Temporary Total Disability (TTD)
For delivery drivers who are completely unable to work for more than two weeks after a workplace injury, temporary total disability benefits provide compensation at two-thirds of their average weekly wage.
2. Temporary Partial Disability (TPD)
If you can return to work part-time or in a limited capacity, you may qualify for temporary partial disability benefits, which make up the gap in earnings.
3. Permanent Partial Disability (PPD)
Once your authorized treating physician states that you’ve reached maximum medical improvement, they will assess whether you’ve suffered a permanent impairment. If so, you may receive permanent partial disability payments based on the severity and impact of your injury.
4. Permanent Total Disability (PTD)
In rare and severe cases, you may qualify for permanent disability benefits if your injury prevents you from working in any capacity.
5. Medical Care and Future Costs
Workers comp benefits include coverage for medical treatment, physical therapy, medical providers, and necessary prescription medications. You may also be compensated for future medical expenses if ongoing care is required.
Workers’ Compensation vs. Personal Injury Claims
Many delivery drivers injured in car accidents mistakenly believe workers compensation is their only recourse. While workers’ comp is a no-fault system, it does not allow for pain and suffering damages or punitive damages.
However, if a third party—such as a negligent driver—caused the accident, the injured party may be entitled to file a third party claim or a personal injury lawsuit for:
- Full medical bills
- Lost wages
- Pain and suffering
- Permanent impairment
- Emotional distress
A knowledgeable personal injury attorney can assess whether both claims can be filed to obtain compensation from both the employer’s insurance carrier and the at fault party.
Statute of Limitations for Delivery Driver Claims in Denver
Workers’ Compensation Statute of Limitations
In Colorado, an injured employee must notify their employer within four days of the accident. Failure to do so can affect your benefits.
More importantly, a workers comp claim must generally be filed within two years from the date of the injury, according to the Colorado Workers’ Compensation Act. This includes injuries arising from:
- A specific workplace accident
- Cumulative trauma from repetitive tasks
- Occupational disease developed due to prolonged exposure
Failing to file within the statute of limitations may result in a complete loss of eligibility for benefits.
Personal Injury Statute of Limitations
For delivery drivers filing a personal injury claim against a negligent driver or another third party, the statute of limitations is also typically two years from the date of the car accident or injury.
The difference lies in the type of damages sought and the legal options available. Consulting a personal injury attorney early ensures compliance with all deadlines.
Medical Evidence and Documentation
For both workers comp claims and personal injury lawsuits, strong evidence is essential to securing a fair settlement. Key evidence includes:
- Comprehensive medical records
- Statements from your treating physician
- Evidence of maximum medical improvement
- Medical evaluations and impairment ratings
- Proof of physical therapy and treatment plans
- Wage documentation to calculate average weekly wage
- Employer reports and accident documentation
If you’re seeking compensation for permanent disability, your doctor determines your level of impairment, which heavily influences the benefits you receive.
What If the Injury Leads to Death?
In tragic cases where a workplace accident results in a fatality, death benefits may be paid to surviving family members under workers compensation. This usually falls under the wrongful death category and includes:
- Funeral expenses
- A percentage of the deceased’s average weekly wage
- Ongoing benefits for dependents
The employer’s workers compensation insurance is responsible for these benefits.
Additional Scenarios: Dog Bites, Falls, and More
Not all delivery driver injuries stem from vehicle collisions. Injuries can result from:
- Dog bites while delivering to homes
- Slipping on icy walkways or stairs (fall accidents)
- Carrying heavy packages and developing back injuries
- Accidents involving unsafe conditions at delivery sites
Each of these scenarios qualifies as a work related injury and should be reported immediately. A workers compensation claim may cover your treatment and lost income, and depending on the circumstances, a third party claim might also be possible.
Dealing with Insurance Companies
Whether you’re dealing with a workers compensation carrier or an insurance company representing a third party, it’s important to remember: they are not on your side. These companies aim to limit payouts and may:
- Dispute the severity of your injury
- Question whether the accident occurred on the job
- Challenge your eligibility for permanent disability benefits
- Delay authorizing medical care or designated providers
Having a personal injury attorney, or workers’ comp lawyer or an employment attorney to represent you is essential for protecting your rights and securing the workers comp benefits or financial compensation you’re entitled to.
Bottom Line
If you’re a delivery driver who has suffered a workplace injury in Denver, don’t wait to explore your legal options. Whether you’re dealing with escalating medical bills, fighting to receive workers compensation benefits, or wondering if you can file a third party claim, the right legal representation makes all the difference.
Get Legal Help Today For Delivery Driver Injuries and Workers’ Comp With BLG
At Bourassa Law Group, our dedicated team of attorneys is experienced in handling both workers compensation claims and personal injury lawsuits for delivery drivers throughout Colorado.
We understand how a sudden injury can derail your career, impact your health, and strain your finances. We’re here to help you present evidence, negotiate with insurers, and fight for the maximum compensation you deserve.
Contact us today for a free consultation and let us help secure your future.
1-800-870-8910