Best Construction Accident Lawyers in Colorado

About Construction Accident Law in Colorado, United States

Construction accidents are an unfortunate reality on job sites throughout Colorado. These incidents can range from minor injuries to serious, life-changing events or even fatalities. Colorado law provides specific protections for construction workers and others injured on or near construction sites. The legal framework covers workers' compensation claims, third-party lawsuits, and personal injury claims, depending on the circumstances of the accident. Understanding your rights and options after a construction accident is essential for protecting your health and securing financial compensation for injuries, lost wages, and other damages.

Why You May Need a Lawyer

Construction accidents often involve complex legal and factual issues. Here are some common reasons you might need a lawyer if you have been involved in a construction accident in Colorado:

• You suffered serious injuries that require significant medical treatment or resulting in permanent disability.
• You are facing challenges with a workers' compensation claim, such as denial of benefits or inadequate compensation.
• Your accident may have been caused by a third party (not your employer), such as a subcontractor, equipment manufacturer, or property owner.
• You are experiencing retaliation or discrimination because you reported a safety violation or filed a claim.
• Multiple parties are involved, making it unclear who is responsible for your injuries.
• The insurance company is offering a settlement that does not cover your losses.

An experienced construction accident lawyer can help you understand your rights, gather evidence, negotiate with insurance companies, and litigate if necessary to obtain fair compensation.

Local Laws Overview

Colorado has unique laws and statutes concerning construction accidents, including the following key aspects:

• Workers' Compensation: Most employees injured on the job in Colorado are covered by the state's workers' compensation system, which provides benefits for medical care, lost wages, and disability regardless of fault. However, workers' compensation generally bars employees from suing their employer directly for injury-related damages.
• Third-Party Liability: If someone other than your employer or a co-worker caused your injury, you may have the right to file a personal injury lawsuit in addition to or instead of a workers' compensation claim. Examples include claims against subcontractors, equipment suppliers, or negligent property owners.
• Statute of Limitations: Deadlines for filing claims are critical. Workers' compensation claims generally require that you report your injury within four days and file a claim within two years. For personal injury lawsuits, Colorado law typically allows two years from the date of the accident.
• Comparative Fault: Colorado uses a modified comparative fault rule. If you are found partially at fault for your accident, your compensation may be reduced by your percentage of fault. If you are 50 percent or more at fault, you cannot recover damages.
• OSHA and Safety Regulations: Federal and state laws, including Occupational Safety and Health Administration (OSHA) standards, govern safety protocols on construction sites. Failure to follow these rules can be strong evidence of negligence.

Frequently Asked Questions

What should I do immediately after a construction accident in Colorado?

Seek medical attention right away, report the accident to your employer, document the scene and your injuries if possible, and contact a lawyer to discuss your rights.

Can I sue my employer if I am injured in a construction accident?

Generally, you cannot sue your employer if you are covered by workers' compensation. There are limited exceptions, such as for intentional harm or when your employer lacks required insurance.

What if my injury was caused by a faulty piece of equipment?

You may have a third-party claim against the equipment manufacturer or supplier if defective machinery caused your injury.

How long do I have to file a claim after a construction accident?

You must notify your employer within four days, file a workers' compensation claim within two years, and file any personal injury lawsuit within two years of the accident.

What benefits are available through workers' compensation?

Workers' compensation in Colorado can provide medical coverage, wage replacement, disability payments, and benefits for permanent impairment.

Can independent contractors receive workers' compensation benefits?

Independent contractors are usually not covered under workers' compensation. However, the classification can be contested depending on the nature of the working relationship.

What if the insurance company denies my claim?

You have the right to appeal the denial, and a lawyer can assist you with the appeals process to fight for the benefits you may be entitled to receive.

What if I was partially at fault for the accident?

Under Colorado's modified comparative fault rules, you can still recover damages as long as you are less than 50 percent responsible, but your compensation will be reduced according to your degree of fault.

Am I protected from retaliation if I file a claim?

Colorado law prohibits employers from retaliating against employees for reporting injuries, filing workers' compensation claims, or raising safety concerns.

Is my immigration status relevant to my ability to file a claim?

No, your immigration status does not affect your eligibility for workers' compensation benefits or the right to file a personal injury claim in Colorado.

Additional Resources

For further help and information related to construction accidents in Colorado, consider the following resources:

• Colorado Division of Workers’ Compensation - Provides information, resources, and claims assistance.
• Occupational Safety and Health Administration (OSHA) Denver Area Office - For safety standards and violation reports.
• Colorado Department of Labor and Employment - Offers guidance on workplace rights and safety.
• Local legal aid societies - Provide support for individuals who cannot afford a private attorney.
• Professional associations, such as the Colorado Trial Lawyers Association, may help you find experienced attorneys.

Next Steps

If you or someone you know has been injured in a construction accident in Colorado, it is important to act quickly. Here are steps to guide you through the process:

• Seek immediate medical attention for your injuries.
• Report the accident to your employer and ensure it is documented.
• Collect evidence, such as photographs, witness names, and equipment details.
• Consult with a qualified construction accident lawyer who understands Colorado law.
• Follow your doctor’s medical advice and keep records of all medical treatment.
• Do not accept any settlement offers or sign documents from insurance companies without legal review.

Taking these steps can help you protect your health, preserve your legal rights, and position yourself for the best possible outcome after a construction accident.