Denver Construction Site Accident Attorney
Construction site accidents are unfortunately very common as much of the work involves heavy machinery, dangerous tools, or unsafe environments. Construction workers have the highest risk of injury over any other profession as accidents due to site negligence account for over 5.2 million injuries and 16 deaths each year nationwide. Workers are not the only people to be injured on construction sites, however. Bystanders or others in the vicinity of construction sites can also be seriously harmed. If you’ve been injured in a construction site accident in the Colorado, contact a Denver accident attorney at the Law Firm of Jeremy Rosenthal. We can help you prepare a compelling case and pursue compensation for the damages you’ve suffered.
Why You Need a Denver Construction Site Accident Lawyer
If you have been injured in an accident at a construction site, it’s possible that you can receive compensation for the harm that you have suffered. It may seem to you that the circumstances surrounding your accident are obvious, but when an insurance company or a private firm is faced with a liability of any kind, things can get complicated quickly.
Your earliest conversations with the parties involved can be some of the most important ones you will have. If you agree to the first offer you receive or respond to questions without fully understanding what you are being asked, you can greatly reduce the value of compensation paid to you – if any.
At the Law Firm of Jeremy Rosenthal, our Denver construction site accident attorneys have extensive experience with cases of this type, as reflected in their remarkable success rate. Jeremy Rosenthal worked for insurance companies before he devoted his skills to helping injury victims. He understands the strategies that underlie their approach to injury cases and can help you stay one step ahead.
Your injury is a deeply personal matter, with consequences that often last a lifetime. At our firm, you’ll receive the personal attention you deserve. We want to understand your concerns, and we will work closely with you throughout the process of filing a claim or lawsuit.
Does My Construction Site Accident Fall Under Workers’ Comp?
If you sustained an injury while working at a construction site, your legal claim will most likely fall under state workers’ compensation law. State law requires that most employers carry workers’ compensation insurance, which kicks in the event of a work-related accident. The workers’ compensation system offers protection to employees in the form of medical treatment and lost wages. It serves as an important safety net and applies in many cases. However, in some cases a third party may be responsible for your injuries.
Construction sites are busy places. At any given time, there may be several subcontractors working together and sharing the same space. If a subcontractor’s negligence directly contributes to your injuries, you may have grounds for a third-party claim, and workers’ compensation rules will not apply.
When your injuries occur throughout the course of your work duties and a third party is not responsible, then workers’ compensation rules apply. A workers’ compensation claim functions much like filing any other insurance claim after an accident. Contact a Denver construction site accident attorney to help you navigate through the claims process to ensure you get fair compensation for your damages.
The workers’ compensation system is a no-fault system, so you won’t have to prove that your employer was negligent to file a claim. You only need to show that you sustained an injury within the course of your work duties.
If you want to pursue a third-party claim, on the other hand, proving negligence is necessary. To file a claim for damages, you must establish a few essential elements:
- The party you’re filing a claim against owed you a duty of care
- That party violated his or her duty of care, committing negligence
- The negligence was the proximal cause of your injuries
- You suffered damages as a result.
Types of Compensation For a Denver Construction Site Injury
Under state law, a workers’ compensation claim generally covers:
- Medical care
- Compensation for lost wages
- Temporary disability payments
- Total disability payments, if applicable
- Vocational rehabilitation, if applicable
If a third-party claim applies, then the types of damages you can cover will be like that of a traditional negligence claim. Examples include:
- Compensation for economic damages, including medical bills, lost wages, and the projected costs of rehabilitation or therapy
- Reimbursement for non-economic losses such as physical pain, suffering, or loss in life quality resulting from the accident.
Common Construction Site Injuries in Colorado
In short, construction is a high-risk occupation, with an injury rate of 3.2 persons per 100 workers, according to the Bureau of Labor Statistics. These risks include hazardous materials, heavy equipment, and unsafe working conditions, among other factors.
Constructions sites that involve the most equipment, the most workers and the greatest number of hazards are often in heavily populated areas. Passers-by may stop to observe what is going on, or they may have no choice but to come into the vicinity of the construction activity in order to get where they are going.
As a consequence, some find themselves involved in a variety of accidents that can lead to serious injury.
- Being struck by falling debris: There are any number of possibilities for this to occur, from a small tool falling from scaffolding to the scaffolding itself falling. In the most extreme (and rare) incidents, a piece of heavy equipment such as a crane can fall onto bystanders.
- Exposure to hazardous materials: Paints, solvents, glues and other chemicals used on a construction site can contain substances that have the potential to cause harm even through a single exposure. Some forms of dust created in the process of building are unsafe to breathe.
- Slip and fall events: Wet surfaces, or tools or other materials carelessly placed in areas where pedestrians routinely walk can cause passersby to slip and fall to the ground or against other surfaces.
- Ear damage: In some cases, heavy machinery can create noise of sufficient volume and frequency that it can rupture an eardrum.
- Accidents involving vehicles: Trucks, bulldozers and other heavy-duty vehicles often operate at construction sites. If they collide with pedestrians, serious injury or even death may be the tragic result.
Other types of construction accident claims may involve misuse of equipment, product liability claims, premises liability concerns, and more. A Denver construction site accident attorney can help you identify whether you have grounds for a workers’ compensation claim or a traditional personal injury claim. From there, he or she can help you file the appropriate claim and gain maximum compensation for your injuries and intangible losses, if applicable. Your first step in the process is scheduling a free initial consultation with our firm.