Construction Accident Lawyer in Denver
Call (800) 863-5312 to Speak with a Construction Accident Lawyer in Denver for Free
A construction accident lawyer helps seek compensation for construction workers who were injured on a construction site. Also referred to as a work injury lawyer, these lawyers use their knowledge of the legal field to investigate and seek maximum compensation for injured construction workers.
If you or a loved one were injured on a construction site, call Zinda Law Group Denver attorneys on (800) 863-5312 for a free consultation today.
Suffering an injury in a construction site accident can be a frightening and stressful event. Although construction companies, developers, and contractors have a legal duty to implement rules and procedures for minimizing the risk of injury, accidents do still occur. Knowing how to appropriately respond to and handle these types of situations can be very important when it comes to protecting not only your health and well-being but also your legal rights.
How to File a Claim in Denver
The following is a walkthrough of the steps you can make to file a work injury lawsuit in Denver:
1. Seek Medical Attention
Your health is your number one priority. It is essential that you seek medical attention after an accident to assess the extent of your injuries. This will also prove useful when filing a personal injury claim as the medical records will show your injuries.
2. Report the Accident
The accident should be reported as soon as possible after it occurred. Preferably on the same day, if not within a day or two of the accident is important. Workers compensation has timelines on how long after the accident it should be reported, and this may affect your ability to claim if left too long.
3. Document the Accident
After your injury, it is likely that you will have to file some sort of incident report with your employer. Extensive paperwork may be completed and filed for the company’s records. It is important that you request copies of all this documentation.
Keeping a thorough and organized record of any paperwork related to your accident and the resulting injury can be very helpful when it comes time to arguing your injury case.
- Take Photographs and Journal Your Progress
- Be Cautious About Signing Any Waiver or Settlement Offer
- Take details of any witnesses
4. Speak with a Denver Attorney
If you are unsure about what to do next, speaking with an injury attorney may be able to advise you on your next steps. For more information call Denver lawyers on (800) 863-5312 for a free consultation and to better understand your position.
Legal Time Limits (Statute of Limitations)
Legal time limits are referred to as “statute of limitations”. This is essentially laws that regulate when a person can be sued. The length of a given statute of limitations period depends on important factors such as the state where the accident occurred and the type of action that occurred (e.g., wrongful death, personal injury, etc.). For instance, the statute of limitations for a personal injury action in Denver is two years from the date the cause of action accrued.
Discussing your case with an experienced Denver personal injury lawyer can provide the benefit of knowing when legal action must be pursued. A lawyer will be able to analyze the facts of your case and provide advice regarding your best options moving forward.
Settling Your Case
After filing a personal injury lawsuit, your attorney can help you discuss possible settlement options.
With a construction injury lawsuit, outside of workers compensation, your attorney will negotiate with the other side and keep you informed every step of the way. These settlements usually cover aspects such as:
- Medical bills
- Future medical care
- Pain and suffering
- Loss of income
- Loss of future income
The settlement process usually works out as follows:
- Once the settlement process has begun, the attorney representing the injured individual will collect and organize all medical records.
- An insurance company handling the settlement will also conduct its own investigation. Although some insurance companies move quicker than others, it typically takes several weeks for an insurance company to gather and review the medical records.
- Once both sides have collected and reviewed all relevant information, formal settlement discussions can begin. It is important to note that many insurance companies have devised strategies that are meant to drag out or delay this settlement process. Insurance companies may also use tactics that are designed to get accident victims to settle for low amounts.
Common Construction Injury Claims
A construction zone contains many elements that can lead to an accident or injury at a moment’s notice. Listed below are some of the most common accidents that occur in construction sites.
Dangerous Equipment Accidents
Construction workers deal with hazardous equipment daily. Even with proper training and extreme caution, accidents can still occur. A slight malfunction or mishap can lead to life-changing injuries. Common forms of equipment that can cause injury in a construction site include:
- Power Tools
- Construction vehicles.
Although a ladder may be seen as a relatively benign construction tool, the fact is that thousands of ladder-related accidents and injuries occur across the country each year.
Many of these accidents occur at construction sites. Ladder-related accidents can occur for a variety of reasons, including negligent handling or negligent manufacturing. Taking proper precautions such as thoroughly inspecting a ladder before use can minimize the risk of sustaining a ladder-related injury.
Given that a significant percentage of construction takes place above ground, it makes sense that scaffolds are a common part of the construction workplace.
Scaffolds come in different shapes and sizes, ranging in form and in function. What all scaffolds have in common, however, is the risk that they pose not only to construction employees but to pedestrians and bystanders as well.
Like ladder-related accidents, scaffold accidents can occur for a variety of reasons. Defective equipment or improper handling are some of the more common culprits that lead to scaffolding accidents.
Crushing accidents can lead to severe, often life-changing or life-ending injuries. These horrible accidents can result in broken bones, lacerations, amputated limbs, or even death. Common sources of crushing accidents include heavy equipment such as construction vehicles or building materials.
Falls from Heights
Falls are among the most common causes of death amongst construction workers. As mentioned in the scaffolding accidents section, a significant portion of construction work is done at elevated surfaces. The prevention or minimization of falls on-the-job can be accomplished by creating a plan, working in groups, wearing proper safety equipment, and undergoing proper safety training.
Falling Objects Accidents
Injuries from fallen objects are also common in construction zones. Examples of these incidents include injuries from falling construction debris, dropped tools, collapsed scaffolds, tipped ladders, and ceiling collapses. Although these accidents typically involve some form of negligence, they can be minimized by always staying aware of your surroundings.
Inadequate Personal Protective Equipment
Although the proper use of safety equipment can be the biggest factor in reducing the occurrence and severity of construction site accidents, sometimes the equipment itself is the cause of an accident. This can be the case when the equipment is improperly designed or inadequate to prevent a construction employee from sustaining injuries. State and federal laws govern the standards for the design and use of safety equipment in the workplace. An employer who fails to meet these standards when providing equipment to its employees can be held liable for injuries.
Explosion and Fire Accidents
Explosion and fire-related injuries can occur for a number of reasons. Examples include ruptures gas lines, natural gas leaks, or improper storage or handling of combustible materials. These injuries are often severe and can be traumatizing.
The frequent use of power tools such as saws, nail guns, and other bladed objects make cutting accidents a very common form of construction site injury. Although improper handling of equipment is the primary cause of cutting accidents, these types of accidents can and do occur due to product liability. In such cases, the manufacturer of the tool can be held liable for injuries resulting from the use of the object.
Construction Site Wrongful Death Claims
In addition to the variety of non-lethal injuries that can occur at a construction site, death is another common and unfortunate result of construction site accidents.
Following the wrongful death of a family member or loved one, the surviving family members are left facing devastating emotional and financial problems. In addition to battling emotional grief, family members are also left wondering how future bills and expenses will be paid for.
Even cases involving no aspect of negligence, the surviving family members of the deceased are likely to be entitled to workers’ compensation death benefits. However, these benefits are seldom enough to cover the total cost of losing a loved one. As a result, many families are left struggling to make ends meet.
Filing a Wrongful Death Claim
In these types of situations, a wrongful death cause of action may be available to help recover compensation on behalf of the deceased.
Wrongful death lawsuits are a type of civil action that is brought against a person or entity who can be held liable for the death of another individual. Because wrongful death causes of action are established by state law, it is difficult to provide a one-size-fits-all description of a wrongful death claim.
In these cases, a wrongful death lawsuit may be pursued against:
- Employers whose wrongful act or omission caused the death of another.
- A third party who may have also been responsible for the death of the individual.
These third parties often include manufacturers of equipment, subcontractors, or landowners of the property where the accident occurred.
Who may file a wrongful death claim?
Wrongful death lawsuits may typically only be filed by the personal representative of the deceased. This person is often designated by the deceased’s will. Common choices include the deceased spouse, adult sibling, or adult child.
Wrongful Death Compensation
Compensation allowable to families who succeed in a claim of wrongful death vary from state to state. However, common forms of damages include
- medical expenses
- loss of wages and benefits
- mental pain and suffering.
Speaking with a Denver accident lawyer will help you in determining your position.
Proving Employer Negligence
Most construction site injury cases brought by an injured employee against his or her employer are grounded in the legal theory of negligence. This means that the employee is seeking compensation for his or her injuries due to the negligent acts or omissions of their employer.
For instance, if an employer fails to provide safety equipment to an employee, and that employee ends up getting injured in an accident that could have been prevented using safety equipment, it is possible that the employer could be legally liable for negligence.
To prove a negligence case, the employee must be able to establish that the employer had a duty, that the employer breached that duty, and that a cognizable injury was caused by that breach.
There are typically four primary ways of establishing employer negligence.
- Negligent Hiring
- Negligent Retention
- Negligent Training
- Negligent Supervision
Consulting with an experienced attorney prior to taking legal action against a potentially negligent employer can be helpful in several ways. For instance, an experienced attorney can:
- conduct interviews
- gather evidence
- examine the safety guidelines implemented by the employer.
The attorney will be able to apply relevant laws and guidelines to provide you with comprehensive legal advice which can help you seek the compensation you deserve.
Injured On a Construction Site — Your Rights
Generally speaking, there are several legal rights that exist across most states in these types of situations. It is advisable to speak with an attorney to understand state laws and your rights. These rights may include:
- You have the right to seek medical treatment
- If you are released to return to work by your doctor, you have the right to return to your job
- If you are unable to return to work because of your injury, you have the right to some type of disability compensation
- You generally have the right to appeal decisions made by your employer or your employer’s insurance company
- You have the right to file a claim for your injury in a workers’ compensation court or in a state industrial court
- You have the right to refuse offers made by your employer or your employers’ insurance company
- You have the right to representation throughout these processes
Who Can I Sue After an Accident On a Construction Site?
Typically, after being involved in a construction site accident, you may be entitled to workers’ compensation regardless of who was at fault. However, because workers’ compensation may not enough to cover all of your financial and emotional grievances, it may be possible to pursue legal action against the party that caused you injury. By doing so, you may be able to receive compensation for your losses not covered by workers’ compensation.
When it comes down to the question of who you can take legal action against, the general rule is that you can sue the party or parties responsible for your injury. Listed below are examples of parties who may be responsible for injuries sustained at a construction site.
Although the terms of your workers’ compensation may absolve your employer from liability for injuries that you may have sustained while on-the-job, there may be some instances where your employer is subject to liability. Relevant state statutes and employment laws govern the circumstances that expose your employer to legal liability for injuries sustained while at work.
Manufacturers of Tools/Equipment
The maker of a particular tool or piece of equipment can be held liable for your injuries if you can show that there was a defect in the object and that defect resulted in your injury.
Owners of the property where the construction site is located may be subject to liability if the conditions of the site were unreasonably dangerous.
Contractors or Subcontractors
Construction sites are typically composed of a mix of employees and specialists working for different employers. If a person who does not work for your employer causes your injury, you may be able to sue that individual or that individual’s employer.
What is Workers’ Compensation?
Although many of us are familiar with the terms “personal injury” and “workers’ comp,” many aspects of these types of claims are not completely understood. Despite some overlap between personal injury claims and workers’ compensation claims, there are also very important differences between the two.
Workers compensation Explained
One of the major differences between personal injury claims and workers’ compensation claims is proving fault or showing that someone else caused your injury. Whereas personal injury claims require proving that a certain individual or entity was at-fault for your injury, workers’ compensation claims typically entitle you to compensation so long as you are involved in an accident or injured while on-the-job.
This means that you will not be required to prove that your employer did anything wrong in order for you to receive compensation. Further, even if you were negligent or partially at-fault for your injury, it is still likely that you are entitled to receive workers’ compensation benefits.
Although workers’ compensation claims can only be filed by workers of an employer, it is not the case that all employers offer workers’ compensation benefits to their employees. Factors that determine whether an employer offers workers’ compensation benefits include the size of the company, the type of business conducted by the company, the type of work done by the employees, and any applicate state laws or regulations.
Personal Injury Claims Explained
In cases of personal injury, you will be entitled to receive compensation for all the damages you can establish. Such damages may include both economic damages (lost wages, lost earning capacity, medical bills, future medical expenses, etc.) and non-economic damages (pain and suffering, loss of enjoyment of life, etc.)
On the other hand, workers’ compensation claims only allow for the recovery of economic damages. Workers’ compensation benefits with respect to lost income typically come in the form of weekly or periodic payments, as opposed to personal injury damages which can be collected in a lump sum.
When can I sue outside of Worker’s Compensation?
In most cases, an individual will not be allowed to file both a workers’ compensation claim and a personal injury suit against the same party. However, you may be able to file a personal injury claim outside of worker’s compensation if:
- Injury was caused by a third party
- The employer’s conduct was intentional or obvious to result in serious harm or injury
No Win No Fee Attorneys
In the legal profession, a lawyer or law firm may operate on “contingency fees.” This means that a client pays fees to a lawyer only if the lawyer handles a case successfully. Lawyers and clients use this arrangement in cases where money is being claimed—most often in cases involving personal injury compensation.
At Zinda Law Group, our firm believes that an injury victim should never have to worry about being able to afford excellent legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Fee Guarantee.
For a free consultation and to speak with a construction accident attorney, call Zinda Law Group on (800) 863-5312.
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