Who is Liable in Road Construction Worker Accidents?

Working at a road construction site is demanding and often dangerous. You face risks daily from heavy machinery, moving vehicles, and unpredictable conditions. When an accident happens, the injuries can be devastating, leaving you struggling to recover while figuring out how to cover medical bills and lost wages. Knowing who is responsible for your injuries and seeking the compensation you deserve shouldn’t add more stress to your situation.

At Mintz Law Firm, we know how frustrating and complicated it can be to navigate the legal system after a road construction accident. Our dedicated team is ready to help you figure out who is responsible for your injuries and fight for the compensation you deserve. With years of experience handling complex personal injury cases, we’re here to support you every step of the way. 

Who Is Liable In Road Construction Worker Accidents?

Accidents at road construction sites are a common hazard, given the dangerous environment workers operate in daily. Determining who is liable when these accidents happen can be extremely complicated, as multiple parties may be responsible for worker injuries.

The Role of Employers in Construction Site Accidents

In many cases, the employer is one of the first parties considered when determining liability. Under Colorado law, employers are required to ensure the safety of their employees. If an employer fails to uphold these standards, they may be held responsible for accidents. However, in most cases, injured workers cannot directly sue their employers due to the protections employers have under Colorado’s workers’ compensation system. 

Instead, workers generally receive benefits through workers’ compensation insurance, which covers medical bills, lost wages, and other costs. Workers’ compensation, however, may limit the ability to file a direct lawsuit against the employer for additional damages.

Third-Party Liability in Road Construction Accidents

While employers often bear some responsibility, other third parties may also be liable for road construction worker accidents. Common third parties include:

• Contractors and Subcontractors: If a contractor or subcontractor fails to follow safety regulations or creates unsafe working conditions, they may be held liable for an accident.
• Equipment Manufacturers: If a worker is injured due to faulty equipment or machinery, the manufacturer of that equipment may be held responsible under product liability laws.
• Drivers or Passersby: Road construction sites often occur alongside active traffic. If a negligent driver causes an accident that injures a construction worker, the driver may be held liable for the injuries.

Workers’ compensation laws may not protect these third parties, meaning injured workers can file direct lawsuits against them to seek additional compensation.

Government Entities and Road Construction

Government entities may share liability in some road construction accident cases, especially when working on public roads. If a government entity or its contractors fail to design safe work zones, place adequate signage, or ensure proper traffic control measures, they may be found responsible for worker injuries. However, filing a claim against a government entity can be complicated, as specific procedures and limitations are involved, such as shorter deadlines for filing a claim.

Shared Liability and Comparative Negligence

In Colorado, multiple parties can share liability in a road construction worker accident. The state follows a modified comparative negligence rule, meaning a worker’s compensation could be reduced if they are found partially at fault for the accident. For example, if a worker is 20% at fault, they would still receive 80% of the awarded damages.

Why Choose Us for Your Road Construction Accident Case?

At Mintz Law Firm, we understand the complexities involved in road construction worker accidents. Our experienced team has a deep understanding of Colorado’s workers’ compensation system, along with motor vehicle liability law. Whether your case involves a negligent driver, equipment malfunction, or unsafe working conditions, we’ll build a strong case to ensure you receive the compensation you deserve.

We pride ourselves on delivering personalized legal services. When you work with us, you’ll have direct access to your attorney, who will guide you through every step. With decades of experience, Mintz Law Firm is committed to your recovery and achieving the best possible result. Call us today at (303) 462-2999 or reach us through our contact form.