Western Slope Law is proud to announce a significant victory in the Colorado Supreme Court. In the case of Klabon v. Travelers Property Casualty Company of America our client won in a unanimous 7-0 decision. The Court determined that when an employee is injured on the job by the negligence of a third party, a suit to recover uninsured or underinsured benefits is not barred by the Workers' Compensation Act of Colorado. This landmark ruling has far-reaching implications for injured workers across the Western Slope and the entire state.

Victory Represents a Win for all Colorado Insureds

Nelson Waneka represented the plaintiff in this pivotal case saying "This is an important issue in our state's tort law, and today's victory represents a win for all Colorado insureds." The decision clarifies that employees can pursue remedies against third-party insurers, even when they have received workers' compensation benefits. This dual avenue for compensation ensures that injured parties receive the full support they deserve.

The case centered around a client who was injured in a vehicle accident caused by an underinsured motorist while operating a company vehicle in 2019. Despite incurring medical expenses exceeding $500,000, the at-fault driver's insurance only covered $25,000. Although his employer's insurance policy with Travelers provided up to $1 million in underinsured motorist coverage, Travelers only paid $45,766. This led to a legal battle to secure the benefits rightfully owed to the plaintiff.

An employee can pursue a remedy when the employee is injured by the negligence of a third party

The Colorado Supreme Court's decision clarifies conflicting interpretations among lower courts regarding the ability to pursue both workers' compensation and insurance benefits. Justice Maria E. Berkenkotter wrote, "An employee can pursue a remedy when the employee is injured by the negligence of a third party." This affirmation empowers injured employees to seek full compensation for their losses, a crucial step in ensuring justice and financial recovery in these types of cases.

At Western Slope Law, we are dedicated to advocating for the rights of our clients, and we are thrilled to deliver a victory after the traumatic injuries and suffering endured by our client. This victory underscores our commitment to providing exceptional legal representation to the communities of the Western Slope of Colorado. If you or a loved one has been injured due to the negligence of a third party, we are here to help you navigate the complexities of insurance coverage and the legal system so you can secure the compensation you deserve.

For more details on this case, you can read the full article here.

If you have any questions or need legal assistance, please contact us today. We are committed to serving the legal needs of our community with integrity and excellence.