Hurt on the Job?
Construction sites can be dangerous places to work. But so can working at a grocery store or in an office. If your employer doesn’t maintain a safe work environment you may be injured, and they may be liable. If someone other than your employer is at-fault for your injury, our team at Legal Help In Colorado can help hold them responsible.
Representing the rights of the construction industry employee…
When construction companies fail to implement the required safety measures to protect their workers, construction related accidents become all too common. With so many different types of potential hazards that can cause an injury, constructions sites are a considerably dangerous place to work.
Our experienced legal team at Legal Help in Colorado provides compassionate legal representation and advice to all victims. Our main aim is to allow them to focus on their healing and rehabilitation while making sure they get the compensation they need in order to move on with their lives in the best way possible.
Types of Construction Site Accidents
- Roofing Accident
- Forklift Accident
- Floor/Stair Collapse
- Welding Accident
- Fall Injuries
- Heavy Equipment Accidents
- Misuse of Tools
Who is responsible?
Construction sites are often quite complex in terms of determining responsibility. The number of different companies that can share some responsibility for working conditions on the site can be quite large. There may be contractors and subcontractors as well as the landowner, engineers and equipment parts suppliers and manufacturers. Due to this complex nature, it is imperative you work with an attorney who can help you determine who is responsible for your injury.
What about those who are just on site?
Compensation claims for construction accidents depend on the relationship between the person who is injured and the various people or companies that may share some or all of the responsibility for the accident taking place. A person who is not a worker at the site, for instance, a passer by or visitor, can make an ordinary personal injury claim if they are victim to negligence.
More Info On Construction Accidents
According to the US Bureau of Labor Statistics, there are over 7 million people employed in the construction industry . Unfortunately, construction workers are significantly overrepresented in injuries, comprising 7% of the workforce but almost 22% of fatal injuries in 2020 . Fatalities among Hispanic construction workers are particularly concerning, with the number of fatal injuries rising by about 90% from 2011 to 2019 .
These sobering statistics make construction one of the most dangerous industries in America—and it’s not hard to see why. The risks are high and workers face many dangers on the job site every day.
If you or a loved one has been injured due to a construction accident, contact an experienced construction accident lawyer today for help.
What Is a Construction Accident?
A construction accident happens when a worker is injured while working at a construction site. This can happen because of equipment malfunction, faulty materials, unsafe work conditions, or even poor safety training. Workers may be hurt by falling objects, slipping hazards, electrical shocks, machine malfunctions, or other types of injuries that occur during construction projects.
Can I Sue My Employer for Negligence After a Construction Accident in Colorado?
The 1970 Occupational Safety and Health Act (OSHA) regulates workplace safety throughout the US. Although it does not directly regulate private businesses, OSHA makes sure that employers are following safe practices at their workplaces. It also investigates complaints filed by employees regarding unsafe conditions.
OSHA basically imposes two requirements on employers:
- First, an employer must comply with all of the safety and health standards dictated by the Department of Labor, generally called “compliance” requirements.
- Second, the employer must provide a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm. This second requirement is called the “general duty” clause.
As part of their duty to provide a safe working environment, employers must keep floors free of slippery substances like oil, grease, and water. They must maintain adequate lighting and ventilation systems. They must also provide protective equipment such as gloves, helmets, and other safety devices.
When an employer fails to meet these requirements, it is considered negligence, meaning that the employer has committed a breach of duty owed to the employee. This means that the employer should have known better than to allow the condition to exist. It also means that the company may have been negligent when it failed to correct the situation.
Employers who violate OSHA rules may face fines and penalties. If you believe that your employer has violated any of its obligations under OSHA, you may want to consult an attorney.
How Do I Prove Negligence Against my Employer?
If you were harmed while performing your duties as an employee, you may be able to recover damages from the employer. To prove negligence, however, you must show that there was a violation of a specific statute or regulation.
Providing employees with a safe place to work includes maintaining a safe workplace, inspecting the workplace regularly for safety risks, and identifying and removing dangerous conditions. Hence, it could be considered negligence if, for example, a contractor hired by the defendant had a history of poor quality control or if you were injured because your employer failed to install a guardrail around a hazardous area.
In addition, OSHA requires employers to train their employees before allowing them to begin working. If an employer fails to adequately train their employees, then they could be liable for injuries sustained. Relevant examples of negligence include failing to inform employees of risks associated with using unsafe equipment, failing to warn you about hazards on the job site, or failing to give adequate instructions on how to safely perform tasks. In these cases, you would have to demonstrate that the employer knew or should have known about the danger.
The employer’s failure to follow the law can result in civil penalties, including fines and imprisonment. A construction accident lawsuit involves filing a complaint against the company whose negligence caused the accident. The plaintiff’s lawyer then files a lawsuit against the defendant.
To establish that the employer was negligent, you must show that the employer failed to comply with the applicable standard of care. For example, if you were injured while performing a task that required special training, then the employer would have a duty to ensure that you received proper instruction.
In addition, you must show that your employer’s failure caused your injury. In order to do this, you must demonstrate that the employer’s lack of compliance contributed to your injury.
Therefore, to prove negligence against your employer, you will need to show that:
- Your employer knew or had reason to know that the hazard existed.
- The hazard presented an unreasonable risk of harm.
- Your employer failed to take reasonable steps to eliminate or reduce the risk of harm.
- The employer’s negligence contributed to causing the accident.
- Your damages were the result of the accident.
If you can prove all these elements, then you should be able to collect compensation.
What Damages Are Available to Construction Accident Victims in Colorado?
Compensation claims for construction accidents depend on the relationship between the person who is injured and the various people or companies that may share some or all of the responsibility for the accident. Even a person who is not a worker at the site, for instance, a passerby or visitor, can make a personal injury claim if they are a victim of negligence.
If you suffer injuries due to negligence, you may be entitled to monetary damages. You may be eligible to receive medical expenses, lost wages, pain and suffering, and other losses. These types of claims are often referred to as “negligent infliction of emotional distress” (NIED).
By their nature, construction sites can be quite complex in terms of determining responsibility. The number of different companies that can share responsibility for working conditions on the site can be large. There may be contractors and subcontractors as well as the landowner, engineers, and equipment parts suppliers and manufacturers. Due to this complex nature, it is imperative you work with an attorney who can help you determine who is responsible for your injury.
Can I Still Recover Compensation If I’m Partly at Fault for My Construction Accident?
Yes. Even though you may be partially responsible for your own construction accident, you may still be able to recover compensation from your employer. The fact that you were partly at fault does not mean that you can’t collect damages from your employer.
However, you must first establish that the employer was negligent. In some cases, it may be difficult to determine negligence and expert testimony may be necessary.
How Long Do I Have to File a Claim After a Colorado Construction Accident?
Under Colorado law, you have two years from the date of the accident to file a construction accident claim. This deadline applies regardless of how much money you lost due to your injuries. If you fail to file within this time period, you may lose your right to pursue a civil action.
Common Causes of Construction Accidents
Construction accidents happen all the time. They can occur at any time, anywhere, and involve anyone who works in the construction industry.
Falls remain the leading cause of work-related deaths in construction, accounting for more than one in three of the total number of fatalities in this industry . Specifically, the leading causes of fatal construction accidents include:
- Fall from height and hazards associated with scaffolding and ladders.
- Occupational injury/illness.
- Workplace violence.
- Struck by an object.
- Excessive heat.
- Lifting and moving objects.
- Motor vehicle collision.
- Tractor-trailer rollover.
- Falling objects.
- Slips and falls.
- Electrical hazards.
- Vehicle collisions.
- Violations of OSHA regulations.
- Poorly maintained equipment.
- Faulty materials.
- Improper design.
- Inadequate maintenance.
In addition to the above, construction workers can come into contact with dangerous substances that pose health risks, such as:
- Carbon monoxide
- Silica dust
- Hydrogen sulfide
- Nitrous oxide
- Methane gas
- Radioactive material
- Vaporized chemicals
What Should I Do After a Construction Accident?
After a construction accident, you need to seek immediate medical attention. This allows you to obtain treatment for your injuries and documents the extent of your injuries.
You should also call your supervisor or manager to report the incident. Your employer must report your injury to the Division of Workers’ Compensation, so you have four days to report a work injury.
Additionally, you should notify your insurance company immediately after an accident occurs. This will protect you against being denied coverage by your insurance company.
Finally, you should file a police report. This will help investigators identify witnesses and potential parties who may be liable for your injuries.
Construction Accidents Can Be Prevented
You can prevent certain construction accidents by taking the necessary steps to make sure that your job site is safe. You should wear protective gear such as hard hats, steel-toe boots, gloves, ear protection, eye goggles, and respirators while working around heavy equipment and power tools. When working near overhead machinery, you should always use proper lifting techniques. You also need to be aware of potential hazards and know what to do if they occur.
You can further reduce the risk of being hurt during a construction project by following these tips:
- Be aware of your environment.
- Know what is safe to work on.
- Ensure that all hazards have been identified.
- Follow safety procedures.
- Report any injuries or illnesses.
- If you suspect that a coworker or supervisor is putting others at risk, speak up about it. You could be entitled to compensation if you were retaliated against for doing this.
If you would like more information about the legal process involved in filing a personal injury case, call us today. We offer free consultations and accept cases on an emergency basis.
How Can Employers Protect Workers?
The best way to prevent construction accidents is for employers to take the necessary precautions before starting any project. These include:
- Obtaining all permits prior to beginning any project.
- Ensuring that all contractors are properly trained in safety procedures.
- Taking steps to ensure that all employees receive proper training.
If an accident does occur, employers should carry Workers Compensation Insurance, also known as Workers Comp. Workers Comp is designed to cover employees for job-related injuries.
Construction sites can be dangerous places. However, they are also areas where many people find jobs. As long as employers follow the laws and regulations put in place by state and federal agencies, there should be no reason why anyone should suffer a serious injury on their job site.
Should I Hire a Construction Accident Attorney?
If you have been injured in a construction accident, you need an experienced construction accident attorney on your side. Your lawyer will help you obtain compensation for your medical bills, lost wages, pain and suffering, emotional distress, property damage, and more.
An experienced construction accident attorney has expertise in construction law and is familiar with how insurance companies operate. They also know what questions to ask when investigating a case and which experts to call. Furthermore, they understand the technical aspects of construction and know how to negotiate settlements.
Hiring a construction accident lawyer can help you in several ways:
- Your lawyer will investigate the facts of your case and determine whether there is enough evidence to support a claim against the responsible party.
- A construction accident lawyer can help ensure that your rights are protected. This includes making sure that you get paid promptly after the accident, that you are treated fairly during negotiations, and that your interests are represented throughout the process.
- A construction accident lawyer helps victims of construction accidents get fair compensation for their damages. A construction accident lawyer has experience handling different types of construction accidents.
- A construction accident lawyer is trained to investigate the cause of the accident. This investigation includes gathering information from witnesses, reviewing police reports, and examining photographs and other evidence.
Therefore, it is essential to hire an experienced construction accident lawyer to recover damages from the negligent parties. If you hire Legal Help in Colorado, we will work with you to ensure that you receive all of the compensation you deserve. Our attorneys will fight for you so that you don’t have to worry about anything but recovering from your accident.
Questions to Ask a Construction Accident Attorney
When hiring a construction accident attorney, you want to make sure they will fight for your rights and ensure that you receive fair compensation for your injuries. Toward that goal, here are some questions to ask:
How Much Experience Does the Lawyer Have?
You need to hire a construction accident lawyer who has plenty of experience handling cases like yours. Look for lawyers who have won numerous awards from their peers. Ross Ziev and the legal team at Legal Help in Colorado have decades of combined experience and have won several awards including the Colorado Trial Lawyers Association Case of the year for both 2020 and 2021.
Do They Specialize in Construction Accidents or Are They Familiar With My Case Type?
It is important that you choose a lawyer who is highly expereinced in construction accidents. They will understand all aspects of the industry and how to navigate the complex rules and regulations governing construction sites that may not come up in other types of personal injury cases. Your lawyer also needs to be able to handle your specific situation. For example, if you were injured during a crane collapse, your attorney must be familiar with these kinds of cases and be able to identify all the parties potentially responsible.
Will You Have to Pay Upfront?
Many people wonder how much hiring a lawyer will cost, however, in a personal injury case attorney fees are typically handled differently. You shouldn’t expect to pay any fees before you receive compensation. Legal Help in Colorado has a contingency payment policy, meaning that we only get paid when we win your case.
Can My Case Be Settled out of Court?
It is understandable that you don’t want to spend time in a court fighting insurance companies and other parties involved in a construction accident. Before filing a lawsuit, our attorneys will try reaching a settlement agreement with the responsible party on your behalf. Should the other party deny being at fault, or otherwise delay the process, the skilled trial attorneys at Legal Help In Colorado will battle in court for your rights.
How Long Will the Lawsuit Process Take?
If we do need to file a lawsuit, your case may take anywhere from 6 months to 2 years to resolve, depending on the severity of your injuries.
During this time, you will likely deal with medical bills, missed days at work, lost wages, pain and suffering, and more. Workers’ compensation is intended to cover most job-related injuries. Therefore, if you have been injured at work, your employer has a duty to pay benefits until you reach maximum medical improvement. Make sure that your lawyer understands exactly what you are facing and ask what steps they will take to help mitigate your financial losses.
Our Denver Construction Accidents Attorneys Will Fight Hard for Your Rights
We understand that being hurt while working is never fun. That is why we fight hard for our clients. When you hire us, we treat every case as if it were our own. We know what it takes to win a tough case and will do everything possible to help you receive fair compensation for your injuries.
We will take the time necessary to thoroughly investigate your case. This includes gathering evidence, interviewing witnesses, and reviewing documents. We will use all available resources to ensure that you receive the maximum amount of compensation possible. This includes hiring expert witnesses and consulting medical experts.
The sooner you contact us after a construction accident, the better chance you have of receiving financial compensation. We offer free consultations to help you make informed decisions regarding your legal options and you won’t have to pay any out-of-pocket expenses until we win your case. Our firm has decades of combined experience handling personal injury claims and we will work hard to get you the compensation you deserve.
Contact Legal Help in Colorado
Ross Ziev, along with our entire legal team at Legal Help in Colorado, is committed to getting justice for victims of negligence. We are well-seasoned in this area of law and set to pursue your claim aggressively, without succumbing to intimidation practices commonly adopted by at-fault parties.
Reach out to us today to schedule an appointment. Initial consultations are free and conducted with absolute confidence. If we take on your case, you can rest assured that our contingency payment policy means that you will not have to worry about being able to afford a skilled lawyer, on top of all other pressing considerations, as we only get paid when we win your case, contact Legal Help in Colorado online, call us at (720) 743-3682, or visit our offices at 8480 E Orchard Road, STE #2400, Greenwood Village CO 80111 to discuss your case!