Should my husband take Wyoming workers' comp or sue the driver who hit him?

Q: Should my husband take Wyoming workers' comp or sue the driver who hit him?

If your husband got hit while working on Wyoming 789 near Sunset Drive in Riverton, the insurance side wants him to think it's an either-or choice: take workers' comp, follow the company's instructions, and forget the driver. That is the cleanest outcome for them. Reality: in Wyoming, a work-related crash caused by someone outside the employer is often both a workers' compensation claim and a third-party injury claim against the driver. He usually should pursue workers' comp first for immediate benefits, while also preserving the claim against the at-fault driver. Workers' comp through the Wyoming Department of Workforce Services, Workers' Compensation Division can cover medical care and wage loss without waiting to prove fault. But it does not pay like a full injury case. It does not cover the same range of losses a third-party claim can. What to do now: Report the injury to the employer within 72 hours Make sure the Wyoming Report of Injury is filed within 10 days Get the crash report from Riverton Police Department, Fremont County Sheriff, or Wyoming Highway Patrol, depending on who responded Keep every bill, work restriction, and mileage record, especially if treatment means trips toward Casper If a driver caused the crash, that third-party claim can seek damages workers' comp does not fully cover. But Wyoming workers' comp may have a right to be repaid from part of any settlement, so the claims need to be handled together, not separately by guesswork. Do not let the employer sell this as "workers' comp is your only option." That is usually wrong when a separate driver caused the injury, whether it was a tourist, oilfield truck, or someone who never saw a rider or worker in spring traffic near Riverton.

Question

Accepted Answer

If your husband got hit while working on Wyoming 789 near Sunset Drive in Riverton, the insurance side wants him to think it's an either-or choice: take workers' comp, follow the company's instructions, and forget the driver.

That is the cleanest outcome for them.

Reality: in Wyoming, a work-related crash caused by someone outside the employer is often both a workers' compensation claim and a third-party injury claim against the driver. He usually should pursue workers' comp first for immediate benefits, while also preserving the claim against the at-fault driver.

Workers' comp through the Wyoming Department of Workforce Services, Workers' Compensation Division can cover medical care and wage loss without waiting to prove fault. But it does not pay like a full injury case. It does not cover the same range of losses a third-party claim can.

What to do now:

Report the injury to the employer within 72 hours
Make sure the Wyoming Report of Injury is filed within 10 days
Get the crash report from Riverton Police Department, Fremont County Sheriff, or Wyoming Highway Patrol, depending on who responded
Keep every bill, work restriction, and mileage record, especially if treatment means trips toward Casper

If a driver caused the crash, that third-party claim can seek damages workers' comp does not fully cover. But Wyoming workers' comp may have a right to be repaid from part of any settlement, so the claims need to be handled together, not separately by guesswork.

Do not let the employer sell this as "workers' comp is your only option." That is usually wrong when a separate driver caused the injury, whether it was a tourist, oilfield truck, or someone who never saw a rider or worker in spring traffic near Riverton.