Denver Construction Accident Lawyer

Those who work in construction take on a high amount of risk to perform their jobs. Workplace accidents and injuries create issues for injured workers and their families, and bystanders also face the risk of injuries from construction accidents. However, most construction accidents injure workers. According to the Occupational Health and Safety Administration (OSHA), 60% of all workplace construction accidents fall under one of four categories: unintentional falls, getting struck by another object, electrocution injuries, and getting stuck between things.

Fortunately, Colorado law provides options for you to seek compensation for your injuries after a construction accident. The path to recovering damages varies based on whether you are an injured worker or someone who was visiting a construction site. In either case, an experienced Denver construction accident lawyer can fight for you to receive maximum compensation.

Pursuing Justice for Injured Construction Workers: How a Construction Accident Attorney Can Help

When construction workers get hurt on the job, the road to recovery can be long and filled with uncertainty. Besides healing physically, making sure you and your family don’t suffer financially because of the accident is imperative. That's where a qualified Denver construction accident lawyer steps in. Our goal is to help you get the justice and compensation you deserve.

We start by listening to your story and gaining an understanding of every detail of your accident. Then, we work tirelessly to gather evidence, talk to witnesses, and build a strong case on your behalf. We deal with the insurance companies, so you don’t have to, and we fight to ensure they can't undermine your claim. Our experience and proven track record of success means we’re equipped to handle everything from negotiating settlements to representing you in court, if necessary. With us by your side, you're not just a case number; you're part of our mission to uphold the rights of workers. 

What Are Common Types of Construction Accidents?

Construction sites are bustling with activity, and while they drive progress, they can also be a hotspot for accidents. Understanding the most common types of construction accidents can help workers and employers alike in preventing them. 

Falls from Significant Heights 

Falls from heights are the second-leading cause of injuries across all industries and the number-one cause of death among workers on construction sites. The National Safety Council reported that in 2021, 850 workers died in falls. Whether it's from scaffolding, ladders, or roofs, falls can result in serious injuries or even fatalities. These accidents often occur due to lack of proper protection equipment, inadequate safety training, or unsafe working conditions. 

These cases often hinge on whether adequate safety measures were in place and properly followed. Investigating a fall from height requires a detailed understanding of workplace safety regulations and the specific circumstances that led to the accident. Attorneys handling these cases must scrutinize the safety protocols observed at the construction site, the condition of the equipment used, and the training provided to the injured worker.

Equipment-Related Accidents

Construction sites are filled with heavy machinery and equipment, from cranes to bulldozers. When equipment is not properly maintained, or if it's used incorrectly, it can lead to accidents including workers getting pinned under or struck by machinery. Training workers on the safe operation of machinery and conducting regular equipment checks can help minimize these risks. 

Equipment-related cases often involve questions about site management, worker and equipment positioning, and communication protocols among workers. Attorneys need to evaluate the site's operational safety measures, the equipment's maintenance records, and witness accounts to build a strong case.

Electrical Hazards

Exposed wires, unfinished electrical systems, and power lines can pose significant dangers to construction workers. Electrocution or electric shock incidents can occur, leading to severe injuries or death. Proper training in electrical safety, including recognizing and avoiding electrical hazards, is crucial for all construction workers. 

These cases require an investigation into electrical safety practices, the use of protective equipment, and compliance with electrical codes. This includes gathering evidence on the electrical setup at the site, the training provided regarding electrical hazards, and the safety measures that were (or were not) implemented.

Trench Collapses 

Trenching is a common construction activity, but it's also one of the most dangerous due to the risk of collapses. These incidents can trap workers under tons of soil, leading to catastrophic or fatal injuries. Adhering to safety regulations concerning trench digging and ensuring that protective systems are in place can help prevent these tragic accidents. 

Legal intervention in these cases focuses on an in-depth examination of the construction site's adherence to engineering principles, inspection records, and compliance with safety regulations regarding structures and excavations. 

Exposure to Hazardous Materials 

Construction sites can be rife with dangerous chemicals and substances, including asbestos, lead paint, and silica dust. Prolonged or unprotected exposure to these materials can lead to serious health issues, such as respiratory problems or even cancer. Providing appropriate safety gear and training on handling hazardous materials can protect workers' health. Legal cases centered around exposure to hazardous materials require a detailed investigation into the safety protocols followed on-site and the provision of appropriate protective equipment.

Can I File a Claim for a Workplace Construction Accident In Denver, CO?

If you live or work in Denver and sustained injuries in a workplace construction accident, you need to file a workers' compensation claim to receive benefits that cover your medical bills and a portion of lost wages. Employers must carry worker's compensation insurance to cover their employees and protect them from lawsuits after an accident.

Injured construction workers who get their workers' comp claims approved often receive benefits, but they may not receive their full wages. This can leave injured workers and their families without the funds they need for their households. It's best to consult with a construction accident lawyer in Denver, CO who can review your claim and find additional ways to recover damages.

In some cases, you might have grounds to bring a lawsuit against your employer. Here are some examples:

• Your employer does not have the mandatory insurance required 
• Your employer retaliated against you or threatened retaliation for filing a workers' compensation claim.
• Your employer's insurance provider has denied your claim, delayed your benefits, or engaged in other questionable activities.
  

A Denver construction accident attorney can review your workers' compensation claim and advise you on where you have grounds to sue your employer.

Who Is Liable For a Denver Construction Accident?

In some cases, injured construction workers can sue a third party for damages, even if they receive workers' compensation benefits. People who suffered injuries in a construction accident outside the scope of employment can seek damages from various parties, depending on the situation. Examples of parties your Denver construction accident lawyer might advise you to name as defendants in a personal injury lawsuit after a Denver construction accident may include:

• Property owners: Colorado law requires property owners to keep their land and structures safe for visitors. Property owners who do not warn visitors of dangers or keep them away from hazardous areas can be financially liable for damages.
• Real estate developers: If a property owner gives their rights to an individual developer or real estate company to develop their land, the developer and owner could share financial liability if an accident occurs during construction.
• Heavy equipment/tool manufacturers: Defective equipment can cause treacherous construction accidents during road construction and building construction, opening up manufacturers to liability for damages. 
• Chemical manufacturers: Some construction sites have hazardous substances that can cause burns, explosions, or expose workers to illness. 
• Motorists: Drivers can cause accidents in road construction zones by striking machinery or members of the road crew. Careless drivers might also cause accidents in other types of construction sites.
  

Your Denver construction accident lawyer can review the circumstances of your case and identify any third parties that might be liable for damages related to the accident and your injuries.

What Compensation Can I Recover for a Denver Construction Accident Claim?

If you file a personal injury lawsuit against an individual or business, you could receive compensation for damages related to your injuries if you prevail in your case. Examples of damages commonly included in construction accident claims are:

• Current and future medical treatment costs: This includes everything from emergency room visits right after the accident to ongoing medical care and treatments you'll need in the future because of your injuries.
• Rehabilitation costs: Many construction accident injuries require extensive physical therapy or rehabilitation to regain strength and mobility. These costs can add up quickly and should be included in your compensation.
• Assistive devices: If your injury necessitates the use of assistive devices such as wheelchairs, prosthetics, or home modifications, these expenses should be covered.
• Lost wages or future earning capacity: If your injury prevents you from returning to work, either temporarily or permanently, you can seek compensation for lost wages. If your ability to earn money in the future is affected, this can be compensated, too.
• Physical and emotional pain and suffering: Beyond the physical injuries, the impact on your mental health and well-being can be profound. Compensation for pain and suffering addresses this aspect.
• Diminished quality of life: If your injuries prevent you from enjoying life as you did before the accident, you may be entitled to compensation for this loss.
• Scarring and disfigurement: If the accident leaves you with permanent scars or disfigurement, you may receive compensation for the emotional and psychological impact.
• Punitive damages: In cases where the accident was caused by someone’s gross negligence, punitive damages might be awarded to punish the wrongdoer and deter similar behavior in the future.

Our skilled Denver construction accident attorneys can evaluate the accident, your injuries, and how your injuries have impacted your life to determine the damages that apply to your claim.

Why You Need A Denver Construction Accident Attorney To Represent You

Construction sites are inherently hazardous environments, and accidents can lead to severe injuries or even fatalities. A Denver construction accident attorney possesses the expertise to navigate the complexities of construction law, OSHA regulations, and workers' compensation claims. 

They can effectively investigate the incident, gather evidence, and negotiate with insurance companies or employers to ensure you receive fair compensation for medical expenses, lost wages, pain and suffering, and other damages. With their legal guidance, you can focus on your recovery while having a skilled advocate fight for your best interests and protect your legal rights.

Their dedication to securing your well-being emphasizes the importance of having a knowledgeable legal ally by your side during this challenging time.

Who Is Liable in a Road Construction Worker Accident?

As road construction typically occurs along busy streets, workers can face an increased risk of injury in an accident. They are exposed to moving vehicles, road hazards that can make visibility poor, heavy machinery, and sometimes bad weather conditions while trying to complete their work. 

In many road construction worker accidents, multiple parties can be involved, making liability tricky. Determining the responsible party can rely on a variety of factors, which can include:

• The type of accident
• Safety protocols
• Equipment involved
• Private vs. government employer

While the primary responsibility of protecting construction workers' safety relies on the employer, there are a few cases where other parties might be liable for damages caused by road construction accidents. Depending on the details of the accident, some of the parties who can be held liable in a construction worker claim can include: 

Employers

Colorado's workers’ compensation laws make it difficult to sue an employer for a workplace accident, including road construction accidents. In most cases, the injured employee receives workers’ compensation to cover their damages. However, if the employer was negligent and failed to provide safe working conditions, there might be situations where additional compensation can be recovered. 

Passing Vehicle Drivers

Motor vehicle drivers can pose a significant risk to road construction workers. Because road construction workers are exposed while performing their jobs, there is an increased risk of being hit by a driver who is not following safe driving practices while in a construction zone. In these cases, the vehicle driver can be held liable for any damages and losses experienced as a result of the accident. 

Contractors or Subcontractors

The general contractor or subcontractors on the worksite are responsible for maintaining a safe work environment. If they fail to meet the safety regulations required by OSHA, they can be held liable for any accidents resulting from their negligence. Some of these regulations include high-visibility clothing, routine inspections of the job site, equipment, and machinery, and proper lighting when working in low-visibility areas. 

Equipment Manufacturers

If the accident was caused by a defective or malfunctioning piece of equipment, the manufacturer might be liable for any injuries sustained in the accident. This is known as a product liability case. 

Government Entities

Some road construction projects are managed by a government agency, especially those done on public roadways. While it is more difficult to find a government entity liable in a road construction accident because of sovereign immunity, there are still some situations where the government can be held responsible. If they failed to provide clear signage or safe traffic control measures, they might still be held liable in a construction worker accident that resulted from their negligence. 

A personal injury attorney can be a valuable resource in helping determine who is liable in your road construction worker accident.

How Does Modified Comparative Negligence Influence Liability in a Road Construction Worker Accident?

Even if the construction worker was deemed partially responsible for their accident, they can still receive compensation from the other negligent party. Colorado practices modified comparative negligence, meaning you can still collect compensation in a personal injury case if you are deemed 50% or less responsible for your accident. 

Your degree of fault determines the percentage of damages you can collect from the other liable party. If you are 40% at fault for the accident, you can still collect 60% of the damages. 

If you are deemed partially liable in a construction worker accident case, it is crucial you contact a personal injury lawyer to help you understand your options and fight for the compensation you deserve.

Contact A Denver Construction Accident Lawyer Today

Construction accidents often lead to severe, life-changing injuries that leave victims facing massive emotional and financial distress on top of the physical pain of their injuries. If you have suffered injuries in a Denver construction accident, you shouldn't have to suffer economically because someone else's negligence harmed you. 

The skilled Denver legal team at Mintz Law Firm has extensive experience helping people involved in Denver construction accidents. Contact us online or call (303) 462-2999 to discuss your Denver construction accident and injuries and learn more about how we may be able to help you through this difficult time.