Almost everything written about truck crashes, including the last three posts on this blog, is written for the people a truck hits. This one is for the person behind the wheel of the truck.
Professional drivers get hurt too, often because of someone else's terrible decision. When that happens, getting paid is more complicated for them than for anyone else on the road. A truck driver hurt on the job usually has three possible sources of money: workers' compensation, the at-fault driver's insurance, and the underinsured motorist coverage on the truck. Each plays by different rules, and the insurance companies count on drivers not knowing how they fit together.
The Case That Shows How This Works
At a prior firm, I represented a semi driver who was hit head-on by a drunk driver who crossed the double yellow. The other driver died. My client got out of the cab with what looked, on paper, like minor physical injuries.
They weren't minor. He had a concussion, and he developed severe PTSD. For someone whose job is spending all day on the highway, that's not a side issue. It's the injury.
He was an employee of the trucking company, so workers' comp covered part of his medical care and lost wages. The at-fault driver had insurance, but nowhere near enough, so the claim moved to the underinsured motorist (UIM) coverage on the trucking company's policy. That carrier valued the claim like a fender bender. It looked at the bumps and bruises and refused to put real value on the brain injury or the PTSD.
So we sued the UIM carrier, including statutory and common law bad faith claims. We worked up both injuries with the medical and psychological evidence to prove them, and the case settled.
Past results don't guarantee a similar outcome in any other case.
Three Pots of Money, Three Sets of Rules
| Workers' comp | At-fault driver's insurance | UIM on the truck | |
|---|---|---|---|
| Who pays | Your employer's comp carrier | The other driver's liability insurer | The insurer on the truck's policy |
| Do you have to prove fault? | No | Yes | Yes, you prove the other driver was at fault |
| Pain and suffering? | No | Yes | Yes |
| Your relationship to the insurer | Statutory benefits | Adversary, owes you no duty | You're an insured, so it owes you good faith |
Workers' comp pays medical bills and part of your lost wages no matter who caused the crash. But it only covers economic losses. It pays nothing for pain, suffering, or what an injury takes out of your life. And comp is your exclusive remedy against your employer: you can't sue your own company for an on-the-job injury.
The at-fault driver's insurance is the first source for everything comp doesn't cover. Colorado's workers' compensation act expressly lets an injured worker collect comp and also pursue the person who caused the crash (C.R.S. § 8-41-203). The problem is limits. Colorado only requires $25,000 per person, and the drivers most likely to cause a head-on crash are often the least insured.
UIM coverage fills the gap between what the at-fault driver's insurance pays and what your injuries are actually worth, up to the UIM limits. If you were driving a company truck, the trucking company's commercial policy may carry UIM coverage that protects you as the driver. Colorado requires insurers to offer it, but the company can reject it in writing, so it's not guaranteed. Your own personal auto policy may also have UIM coverage that applies. For more on how UIM works, see What Does "Full Coverage" Mean in Colorado?
Yes, You Can Take Comp and Still Make a UIM Claim
For years, insurers argued that a driver who took workers' comp couldn't also claim UIM benefits under the employer's policy, because comp is the "exclusive remedy." Federal judges in Colorado split on the question.
The Colorado Supreme Court settled it in 2024. In Klabon v. Travelers, 2024 CO 66, a technician driving his employer's van was hit by a driver who ran a red light. He collected comp, settled with the at-fault driver for her $25,000 limits, and then made a UIM claim under his employer's commercial auto policy. The UIM carrier argued his comp benefits barred the claim. The court rejected that argument: comp's exclusivity protects the employer and its comp carrier, not a separate auto insurer, and a UIM claim based on a third party's negligence isn't a suit against the employer.
One important limit: if the crash was caused by a co-worker rather than an outside driver, the answer is different. The co-employee immunity rule generally bars that UIM claim (Ryser v. Shelter Mutual, 2021 CO 11).
Comp Doesn't Shrink Your UIM Claim
Two rules work in the injured driver's favor here.
First, a UIM carrier generally can't reduce what it owes by the amount comp already paid you. Colorado law protects UIM coverage from being diluted by setoffs from other coverage, and Colorado courts have voided policy language that tried to subtract comp benefits from UIM.
Second, the comp carrier's right to be repaid runs against the at-fault driver, not against your UIM benefits. A Colorado appeals court has held that a UIM insurer isn't a "third party causing the injury" under the comp subrogation statute (Colorado Insurance Guaranty Ass'n v. Menor, 166 P.3d 205 (Colo. App. 2007)). The comp carrier usually does get repaid out of what you recover from the at-fault driver, though, and negotiating that lien is part of the job.
How all of this lines up in a specific case depends on the policies, the order you settle in, and the deadlines. This is one area where the sequence matters.
The Injuries That Get Ignored: Concussions and PTSD
The injuries most likely to be undervalued in a truck driver's case are the ones that don't show up on an X-ray.
A concussion can look like nothing in the ER, then show up over the following weeks as headaches, trouble concentrating, light sensitivity, or memory problems. PTSD after a violent crash, especially one where someone died, can make getting back on the highway feel impossible. Insurers know these injuries are harder to prove than a broken bone, and many of them treat that difficulty as permission to assign them no value.
For a professional driver, these injuries can threaten the career itself. A commercial driver has to meet federal medical standards to keep a DOT medical card, including having no psychiatric disorder likely to interfere with driving safely (49 C.F.R. § 391.41(b)(9)).
Proving these injuries means documenting them early and consistently: telling your doctors about every symptom, following through on referrals, and, where the case calls for it, neuropsychological testing and treatment records from a psychologist or psychiatrist.
On the comp side, Colorado defines "mental impairment" to include a recognized permanent psychological disability that grows out of a physical injury (C.R.S. § 8-41-301(2)(a)), and it has to be supported by testimony from a licensed physician or psychologist.
When Your Own Insurer Lowballs You: First-Party Bad Faith
This is where truck drivers have a tool most crash victims don't.
When you claim against the at-fault driver's insurer, that company owes you nothing beyond what the law requires. It's on the other side. But when you claim UIM benefits under a policy that covers you as the driver, you're an insured. That's first-party coverage, and the insurer owes you a duty of good faith, the same as if you'd bought the policy yourself.
Colorado gives insureds two kinds of bad faith claims against their own insurer:
- Statutory unreasonable delay or denial (C.R.S. §§ 10-3-1115 and -1116). If an insurer delays or denies benefits without a reasonable basis, you can recover two times the covered benefit plus attorney fees and costs, on top of the benefit itself.
- Common law bad faith, which requires showing the insurer acted unreasonably and knew it or recklessly disregarded it, and can include damages beyond the policy benefits.
Refusing to evaluate a documented brain injury or PTSD diagnosis, or paying only the undisputed bumps and bruises while ignoring the rest, is the kind of conduct these claims exist for. That's what happened in my client's case, and filing suit is what changed the conversation. More on how these claims work on my insurance bad faith page.
If You're a Driver Who Got Hurt
- Get medical care and report every symptom, including headaches, sleep problems, nightmares, or anxiety about driving. Gaps in the record become the insurer's argument.
- Report the injury to your employer in writing right away. Colorado's comp statute sets a short written-notice window, and missing it can cost you benefits.
- Get the police report and identify the other driver's insurer.
- Find out what UIM coverage applies, on the truck's policy and your own. Ask for the declarations pages.
- Don't settle with the at-fault driver's insurer before talking to a lawyer. The order you resolve claims in can affect your UIM claim.
- Cooperate with your own insurer, but don't do it alone. You owe your UIM carrier cooperation. You don't owe it a recorded statement without advice.
- Preserve the truck's data. ECM, dashcam, and ELD records can prove what the other driver did. See What Happens When a Trucking Company Fights Liability for why that evidence disappears.
Deadlines
- Workers' comp: written notice to your employer within days (C.R.S. § 8-43-102), and a claim filed with the Division of Workers' Compensation within two years.
- Claim against the at-fault driver: generally three years for injuries from a motor vehicle crash (C.R.S. § 13-80-101(1)(n)).
- UIM claims: governed by their own statute (C.R.S. § 13-80-107.5), which can run on a different clock than the claim against the at-fault driver.
- Bad faith claims: have their own limitations periods. Don't wait to find out which applies.
What It Costs to Hire Me
My fee is 29% pre-litigation and 33% if we sue, compared to the 33-35% and 40-45% most Colorado firms charge. In a case like my client's, where the insurer won't move until a lawsuit is filed, that difference is real money. On a $300,000 recovery in litigation, the gap between 33% and 40% is $21,000. See how my fees work.
If you were hurt driving a truck in Colorado, I'll look at every policy that might apply and tell you how they fit together. You can call me directly at 877-2929-LAW. You'll talk to me, not an intake team. For more on serious truck injury claims, read What Is a Catastrophic Truck Injury Claim Actually Worth? or start at my truck accident page.
Injured Truck Driver FAQ
Can I get workers' comp and still sue the driver who hit me?
Yes. You can't sue your own employer, but Colorado law lets an injured worker collect comp and also pursue the at-fault driver for damages comp doesn't cover, like pain and suffering (C.R.S. § 8-41-203).
Can I make a UIM claim on my employer's truck policy if I'm getting workers' comp?
Generally yes, if an outside driver caused the crash. The Colorado Supreme Court held in Klabon v. Travelers, 2024 CO 66, that comp's exclusivity doesn't bar a UIM claim against the employer's separate auto insurer. The answer is different if a co-worker caused the crash.
Does workers' comp reduce my UIM benefits?
Generally no. Colorado law protects UIM coverage from setoffs, and courts have voided policy language that subtracted comp benefits. The comp carrier's repayment right generally runs against the at-fault driver, not your UIM benefits.
Is PTSD covered after a truck crash?
It can be. Colorado comp covers a recognized permanent psychological disability that results from a physical injury, supported by a licensed physician or psychologist. In a claim against the at-fault driver or a UIM carrier, PTSD is part of your damages if you can prove it.
What can I do if my UIM carrier won't pay fair value?
Because you're an insured under the policy, the carrier owes you good faith. If it unreasonably delays or denies benefits, Colorado law allows you to recover two times the covered benefit plus attorney fees (C.R.S. §§ 10-3-1115, -1116), and a common law bad faith claim may also apply.
This post is general information, not legal advice. Past results do not guarantee a similar outcome in any other case.
