Mintz Law Firm
Lakewood Construction Accident Attorneys
Construction sites may be managed and operated by the best of the best and with the utmost care, but they are still incredibly dangerous. When these sites aren’t being operated safely, they become increasingly more dangerous. Many construction site accidents are the result of negligence, which is when someone fails to exercise reasonable care and take the necessary precautions to prevent accidents and injuries.
When there’s a negligent party at-fault for the accident, injured accident victims are able to recover fair compensation through an insurance claim or lawsuit. However, victims often need the assistance of a skilled construction accident attorney who advocates for them and ensures that their rights and best interests are protected throughout the entire process. Work with Mintz Law Firm to ensure you get a fair chance to recover the compensation you are owed.
Who Is Responsible for a Colorado Construction Site Accident?
Liability in most personal injury claims or lawsuits depends on the type of accident and the circumstances that led to the accident. In a Colorado construction site accident, it’s possible for the following parties to be held liable:
- Construction company or other workers
- Independent contractors
- Property owners
- Contractor or subcontractor
- Machine operator
- Machine manufacturer
- City or government agency
There are often multiple people involved in a construction project, which means that varying parties could be held liable for an accident that occurs on the site due to negligence. Determining which parties played a role in the accident often requires a deep investigation. It’s important to work with a seasoned attorney who has the experience necessary to pursue the evidence needed to support your claim.
Compensation for Injured Construction Workers
How an injured construction worker can recover compensation will depend on who is liable for the accident that caused the injury (an employer or a third party). A couple of different ways that you may be able to get compensation for your injuries include:
Workers’ comp operates under a “no-fault” system. Under this system, injured workers don’t need to prove that their employer was negligent to receive compensation for medical care or a portion of their lost wages. Rather, they automatically qualify for medical benefits and lost wages as long as they can prove they were injured at work performing their work duties. However, the tradeoff is that injured workers cannot sue their employers regardless of the employer’s liability.
While workers cannot sue their employers, they can bring claims against third parties liable for the accident. For instance, a worker may sue:
- A manufacturer or seller of construction equipment that is malfunctioning or defective
- A vendor who caused the injury at the job site
- A member of the public that contributed to the injury
- The owner of the construction site (if it’s not the worker’s employer)
In third-party claims, workers can receive full compensation for their losses in addition to their workers’ compensation benefits.
Compensation for Injured Bystanders and Pedestrians
Those who aren’t workers on the construction site but instead are injured while passing through or visiting have more options for bringing a lawsuit against the liable parties. Bystanders or pedestrians injured on a construction site can sue the party or parties responsible for their injuries and recover the following compensation:
- Medical bills
- Lost wages
- Homecare or home adjustments
- Emotional distress
- Pain and suffering
- Physical impairment
- Loss of enjoyment
The amount and type of damages available in a claim depend on the severity of the injury and its impact on the victim’s life. A construction accident attorney will review the facts of a case and determine how this injury has impacted you personally, mentally, physically, and financially. Once that’s determined, they can fight to ensure the settlement offer or case resolution satisfies your needs.
Compensation for a Wrongful Death
When a loved one is killed as a result of a construction site accident, the surviving family can bring a lawsuit against the third-party responsible for their death. According to Colorado law, the surviving spouse has the exclusive right to file their lawsuit within the first year after their loved one’s death. Other family members have the right to file a suit if there is no spouse or if the spouse has also passed away.
In a successful wrongful death lawsuit, the surviving family can receive compensation for:
- Wages and benefits the deceased would have earned had they lived
- The loss of care, comfort, companionship, or love the surviving spouse and family can no longer receive from the deceased
The personal representative for the estate can also sue to receive compensation for funeral and burial expenses. If the deceased required medical care prior to their death, the family might also recover compensation for those expenses.
Speak With Lakewood Construction Site Accident Lawyer Today
Construction site accidents can have truly devastating consequences, and it’s crucial that victims and their families have the legal support they need to hold those responsible accountable for their actions. Mintz Law Firm has years of experience helping injured construction accident victims secure the fair compensation they need to get their life back on track. Whether you’re an injured worker or a pedestrian, Mintz Law Firm is here to help you reach the best possible solution for your case.
The construction accident attorneys at Mintz Law Firm are committed to being there for our clients from beginning to end to ensure that they have the space and time they need to focus on their healing and recovery. Complete our online contact form to learn more about how our construction accident lawyers can help, or call (303) 462-2999 to schedule a consultation.