Construction Accident Lawyer in Fort Collins, Colorado

COMMON CONSTRUCTION SITE INJURIES

Due to the dangerous nature of many construction sites, with a wide variety of equipment, machinery, tools, and other hazards, there are many common injuries suffered by construction workers, including:

• Burns
• Lacerations or bruises
• Broken bones
• Facial injuries
• Electrocution
• Toxic exposure
• Neck, shoulder, or back injuries
• Spinal injuries
• Traumatic brain injuries (TBI)
• Scarring
• Ankle, knee, or other joint injuries
• Impaired vision or blindness
• Deafness

INJURED ON THE CONSTRUCTION SITE? WHAT TO DO NEXT

1. Seek Medical Attention

If you have been injured on a construction site, you should seek immediate medical attention to treat your injuries.  Even if you do not appear to be injured, you should still seek medical attention as soon as possible as many injuries, such as internal bleeding or organ damage may not be readily apparent, but may become serious or even life-threatening if untreated. Further, your diagnosis and medical records may often be crucial to prove the extent of your injuries in any lawsuit.

2. Contact an Attorney

After seeking immediate medical attention, you should contact an experienced construction accident lawyer in Fort Collins. Your lawyer may discuss your potential options as well as help you understand the workers’ compensation process and any compensation you may be entitled to from workers’ comp or third parties. While you focus on recovering from the accident, your attorney may investigate the accident and gather evidence to support your claim, file a workers’ comp claim or a personal injury lawsuit. After filing a lawsuit, your lawyer may then negotiate with the insurer on your behalf to pursue a satisfactory settlement. If no settlement can be reached, your attorney may then take your case to trial.

3. File Applicable Incident Reports

After your accident, you should be sure to file an incident report with relevant government agencies, such as the Colorado Department of Public Health & Environment or the Occupational Safety and Health Administration (OSHA).

4. Document the Accident

After your accident, you should take pictures of the scene of the accident, if possible, as well as gather any witness statements.  You should also maintain documentation of any medical records, your workers’ compensation claim and results, and any accident reports filed with OSHA or other governmental entities.

WHO CAN BE HELD LIABLE?

Potential liability may be more complex in workplace injury cases.  With construction accidents, you may be unable to sue your employer so long as your employer maintains workers’ compensation insurance coverage for all employees.  Instead of suing your employer, you may only be able to file a claim through your employer’s insurer while abiding by any restrictions such coverage may impose.

However, third parties may also be liable for construction accidents.  For example, if you were injured because of the negligent actions of an independent contractor working at the site, you may be able to sue the contractor.  Further, if your injury was caused by defective machinery or tools at the construction site, you may be able to sue the manufacturer for your injuries.  Other potentially liable third parties may include coworkers if they were acting intentionally.

WHAT IS WORKERS’ COMPENSATION COVERAGE?

Due to the frequency and often serious nature of workplace injuries, Colorado law requires all employers to carry workers’ compensation insurance coverage if they have at least one employee.  This requirement applies to every employer, regardless of whether the employees are considered full-time, part-time, or family members.  Any employee who suffers a workplace injury on a construction site will generally be subject to Colorado’s workers’ compensation laws.  Exceptions to the requirement to provide coverage include sole proprietors, LLC members, and corporate officers who may choose to obtain workers’ compensation coverage but are not required to do so.

Workers’ compensation coverage generally covers an employee’s medical costs if they suffer an injury or illness at their workplace.  This coverage may provide compensation for lost income, any ongoing medical treatment, disability benefits, or funeral costs in the case of a fatal work accident. Injured employees generally have four days to report any workplace injuries to their employer.  An injured worker’s employer must notify the workers’ comp insurance carrier of the injury within 10 days, regardless of the severity of the injury.  If the accident causes death or injures three or more employees, the employer must notify the insurer immediately.  The insurer then has 20 days to respond to the employees’ claim.

HOW WORKERS’ COMP MAY IMPACT YOUR CONSTRUCTION ACCIDENT CLAIM

As all Colorado employers are required to maintain workers’ compensation coverage, this coverage may generally prevent you from being able to also file a personal injury lawsuit against your employer. However, if your injuries were caused by a third party, such as a manufacturer of defective equipment, you may still be able to pursue a personal injury claim against the negligent third-party who caused your injuries. An experienced construction accident attorney in Fort Collins may help you understand your options and pursue your workers’ comp claim through your employer’s coverage while also exploring whether a third party may also be liable for your injuries.

WHAT TYPES OF DAMAGES CAN BE CLAIMED IN A CONSTRUCTION SITE CASE

If you are proceeding solely under your employer’s workers’ compensation coverage, only economic damages will generally be available for:

• Past medical expenses as well as ongoing care to treat your injuries
• Lost income from missed work
• Temporary or permanent disability benefits if the workplace injury leaves an employee temporarily or permanently disabled
• Funeral costs if the workplace injury resulted in the employee’s death
• Death benefits to the deceased victim’s family

However, your Fort Collins construction accident lawyer may help you explore whether any third parties aside from your employer may also be liable for your injuries, such as a manufacturer or coworker.  When pursuing a third-party claim for your injury, both economic and non-economic damages may be available as with other personal injury cases. These potentially available damages may include:

• Any past or future medical expenses
• Costs of any rehabilitation therapy
• Lost income
• Loss of earning capacity caused by disability
• Disfigurement
• Temporary or Permanent Disability
• Pain and suffering caused by your injuries or disability
• Mental or emotional anguish

The amount of compensation you may be entitled to for these damages may vary depending upon the nature of the accident, the extent of your injuries, and who may be liable for the accident.

Read More: How to Calculate the Value of a Personal Injury Claim

COLORADO STATUTE OF LIMITATIONS

As with other personal injury lawsuits, construction accident claims are subject to Colorado’s statute of limitations on personal injury lawsuits. CO Rev. Stat. § 13-21-204 and CO Rev. Stat. § 13-80-102 govern personal injury claims and the applicable statute of limitations in Colorado.  This statute of limitations sets a legal time limit to file any claim within two years from the date of the accident.  Any potential lawsuit that is not filed within this two-year statute of limitations will generally be barred from being brought after the two-year period has run.

WHY CHOOSE ZINDA LAW GROUP

The experienced personal injury lawyers at Zinda Law Group have years of experience in helping construction accident victims pursue any compensation they may be entitled to.  Our attorneys may help you better understand your potential options for further action, such as filing a personal injury lawsuit against a third party who may be liable for your injuries.  Zinda Law Group’s team of professionals may guide you through the process of pursuing compensation for your injuries and damages while allowing you to focus on recovering from the accident.  Your construction accident attorney may help you file any claim or lawsuit, investigate the accident to gather evidence to support your claim, as well as negotiate with insurance companies or other parties to seek the compensation you may be entitled to.  Pursuing compensation for your construction accident may be a confusing and complex process, but the experienced lawyers at Zinda Law Group may handle your case and simplify this process for you.

GET A FREE CASE EVALUATION

At Zinda Law Group, our Fort Collins construction site injury lawyers are here to assist you with your claim. We help our clients pursue the maximum compensation they may be entitled to after being injured in a construction accident.

Call (800) 863-5312 today for a free consultation with one of our Fort Collins personal injury lawyers.  You will not pay anything unless we can win your construction accident case.

Meetings with attorneys by appointment only.