Construction zones can be dangerous places, and accidents can range from minor to catastrophic and frequently result in serious injury or death. As Denver accident attorneys, we are experienced in helping our clients maximize their recovery following a construction accident. From knowing your legal options, to educating yourself on the relevant safety laws and regulations, here are our top five tips:
1. Know Your Legal Options
Some construction workers are limited by law to recovery under a workers’ compensation claim. Workers’ compensation is a no-fault system, meaning that no negligence is required on the part of the employer. It covers medical costs, lost income, and temporary or permanent disability benefits to workers who have become either completely or partially disabled. Workers’ compensation also pays death benefits to the families of construction workers who are killed on the job.
In many cases, however, injured workers or their families can also recover damages from partially or completely responsible parties, who are not their employer, for causing their injuries, based on theories of negligence or product liability. Keep in mind that personal injury, product liability, and wrongful death lawsuits have specific statutes of limitations.
2. Know What Entities May be Liable
If a worker is injured due to factors other than job safety, such as defective tools or equipment, he or she may be able to file a claim against the manufacturer. They may also be able to recover damages from the owner of the site and the general contractor. The responsible party may be held liable for damages, including medical bills, loss of wages, and pain and suffering.
3. Educate Yourself on the Relevant Laws and Regulations
Various safety laws, regulations and standards govern the construction industry. The Occupational Safety and Health Administration (OSHA) is the governing regulatory body for construction site safety. Most states, including Colorado, have adopted some form of safety regulations.
4. Collect Your Medical Records and Other Documentation
As with any personal injury case, gathering as much documentation as possible to support your claims will be very helpful to your case. As soon as possible, start collecting your medical and therapy records, as well as paystubs and tax returns, and any other documents that demonstrate the impact the accident has had on your daily life.
5. Understand Comparative Negligence Law in Colorado
In Colorado, workers’ compensation benefits may be reduced by up to 50% if it is discovered that the worker’s injury was caused by a known violation of a safety regulation.
Let Our Denver Accident Attorneys Assist You With Your Claim
If you or a loved one has been injured in a construction accident, we welcome you to contact us, by email or phone at (303) 333-8000 to schedule a free consultation.