Recently, the Colorado Court of Appeals in American Family Insurance v. Ashour, 2017 COA 67; 16CA0822, concluded that an employee injured by a motor vehicle on the job by a co-employee may recover not only worker’s compensation benefits, but also may seek recovery under his underinsured motorist protection. This ruling is a bit surprising given that in general an employee may not sue a co-employee for injuries that occur on the job and most uninsured motorist policies require that you be able to bring a claim against the responsible party. However, the court of appeals determined that the exclusive remedy provision of Worker’s Compensation Act extended only to the employer and co-employees but did not extend to the injured party’s insurance company. This decision provides personal injury victims with another source of recovery and will allow parties to receive non-economic damages where no such remedy is available through worker’s compensation.
The moral to the story here is make sure you have adequate coverage. Check your automobile insurance policies and get uninsured/underinsured coverage if you currently do not have it. http://www.sisun-scriven.com/auto-accident-attorney-denver/