A construction site is a place of progress and potential. From new buildings rising against the backdrop of the Colorado National Monument to infrastructure projects that keep our community moving, this work is the backbone of Grand Junction. But when safety is overlooked, these sites can become places of sudden, life-altering injury.
If you’ve been hurt on a construction job, you’re likely facing a mountain of questions, medical bills, and uncertainty. The physical pain is immense, and the emotional and financial stress can feel overpowering. During this difficult time, know that help is available. Seeking guidance from a Grand Junction construction accident lawyer can help you understand your rights and options for recovery.
Key Takeaways about Grand Junction, Colorado Construction Accident Claims
- An injury on a construction site can lead to claims beyond standard workers’ compensation, including potential third-party liability lawsuits.
- Responsible parties in a construction accident might include general contractors, subcontractors, property owners, or equipment manufacturers, not just the direct employer.
- Colorado law provides specific rights and timelines for injured workers, making timely action important for preserving legal options.
- Compensation in a third-party claim can cover economic losses like medical bills and lost wages, as well as non-economic damages such as pain and suffering.
- Properly documenting the incident, injuries, and all related expenses is a crucial step in the recovery process.
Why Choose Slingshot Law for Your Grand Junction Construction Accident Case
At Slingshot Law, we built our firm on the belief that every person deserves a fair fight, especially when they’re up against a giant. We see the insurance companies and large corporations as modern-day Goliaths, using their vast resources to minimize or deny fair compensation to injured people. We want to be the slingshot in your hand—the game-changing tool that levels the playing field.
Our founding attorneys, Drew Gibbs and Scott Crivelli, developed their sense of duty serving others long before starting this firm. Drew fought for victims as a former prosecutor for the State of Texas, and Scott defended the rights of soldiers as an active-duty Army JAG Officer. These experiences forged a deep-seated disdain for bullies who take advantage of people in their time of greatest need.
Here in Grand Junction, we bring that same passion to your corner. We’re not just attorneys; we’re your advocates, ready to handle the fight so you can focus on getting back on your feet.
Understanding Your Rights After a Construction Accident in Grand Junction
In Colorado, most on-the-job injuries are first addressed through a system called workers’ compensation. In simple terms, this is a type of insurance most employers are required to carry that provides medical benefits and covers a portion of your lost wages, regardless of who was at fault for the accident.
However, construction sites are complex environments with many different companies and individuals working together. Sometimes, your injury isn’t caused by your employer or a coworker but by the carelessness of a separate entity. This is where a third-party liability claim comes in.
A third-party claim is a personal injury lawsuit filed against a negligent third party—someone other than your direct employer. This could be the general contractor, a subcontractor from another company, an equipment manufacturer, or the property owner. A third-party claim allows you to seek compensation for damages not covered by workers’ compensation, like pain and suffering.
Common Causes of Construction Accidents in Mesa County
The Occupational Safety and Health Administration (OSHA) identifies a handful of primary hazards that cause the vast majority of construction injuries and fatalities. These incidents are so common they’ve been nicknamed the “Fatal Four,” and they can happen on any job site, from a residential build near the Colorado River to a large commercial project downtown.
- Falls from Heights: This is the leading cause of injury in the construction industry, often involving scaffolding, ladders, roofs, or unfinished structures.
- Struck-By Incidents: This can involve a worker being hit by a falling tool, a piece of debris, or a moving vehicle like a forklift or crane.
- Caught-In/Between Accidents: These tragic incidents happen when a worker is crushed or pinned between heavy equipment, collapsing materials, or within a collapsing trench.
- Electrocutions: Contact with exposed wires, overhead power lines, or faulty equipment can result in severe electrical burns or fatal shocks.
These accidents are almost always preventable and often stem from a failure to follow established safety protocols, putting hardworking people in harm’s way.
What Types of Compensation Can Be Pursued?
While workers’ compensation benefits are designed to cover immediate medical needs and a percentage of lost income, they often fall short of addressing the full impact of a serious injury. A third-party personal injury claim allows you to pursue a wider range of damages, which is the legal term for the compensation you are owed for your losses.
These damages are typically categorized in two ways:
- Economic Damages: These are the direct, calculable financial losses you have suffered because of the injury. This includes all past and future medical bills, lost wages from being unable to work, loss of future earning capacity if you can no longer perform your job, and costs for rehabilitation or physical therapy.
- Non-Economic Damages: These are the intangible losses that don’t have a precise price tag but deeply affect your quality of life. This includes compensation for physical pain and suffering, emotional distress, scarring or disfigurement, and loss of enjoyment of life—like no longer being able to hike on the Grand Mesa or enjoy your favorite hobbies.
Pursuing these damages through a third-party claim can be critical for achieving a full and fair financial recovery that truly accounts for all you have endured.
The Critical Role of a Grand Junction Construction Accident Attorney
Trying to handle a construction accident claim can be an uphill battle. Insurance companies have teams of adjusters and lawyers working to protect their bottom line, not yours. A dedicated construction accident lawyer in Grand Junction serves as your advocate, working to protect your rights and interests at every stage.
An attorney can help your case in several important ways:
- Conducting a Thorough Investigation: They can work to preserve crucial evidence, visit the accident scene, interview witnesses, and consult with construction safety professionals to determine exactly what went wrong and who was at fault.
- Identifying All Liable Parties: A detailed investigation can uncover all potential third parties who may share responsibility for your injuries, which is essential for maximizing your potential recovery.
- Handling All Communications: Your legal team can manage all the paperwork and stressful phone calls with insurance companies, allowing you to focus completely on your health and family.
- Accurately Calculating Your Damages: They will work to build a comprehensive picture of your total losses, including future medical needs and the long-term impact on your life, to ensure you are pursuing fair compensation.
Having a knowledgeable legal advocate on your side ensures that your case is handled with the diligence it deserves while you concentrate on healing.
Steps to Take After a Construction Injury
After you have received immediate medical attention and are in a safe place to recover, there are several steps you can take to protect your health and your potential legal claims.
- Formally Report Your Injury: Make sure your employer is notified of your injury in writing as soon as possible. Colorado law has specific deadlines for reporting, so don’t delay.
- Continue Your Medical Treatment: Your health is the top priority. Follow your doctor’s orders, attend all follow-up appointments, and fill all prescriptions. This not only aids your recovery but also creates an official record of your injuries.
- Document Everything: Keep a simple journal detailing your pain levels, daily challenges, and how the injury is affecting your life. Hold on to all medical bills, receipts, and any correspondence from your employer or insurance companies.
- Stay Off Social Media: Insurance companies often look at social media profiles to find information they can use to downplay an injury. It is best to avoid posting any photos or updates about your accident or your recovery.
- Be Cautious with Insurance Adjusters: Avoid giving a recorded statement or signing any documents from an insurance company without first understanding your rights. Their goal is often to settle the claim for as little as possible.
These proactive steps can help create a strong foundation for your claim and protect you from common pitfalls that can arise during the process.
Colorado’s Construction Accident Laws
Colorado has specific laws that govern workplace injuries and personal injury claims. The Colorado Workers’ Compensation Act is a complex set of statutes that outlines the rights and responsibilities of both employees and employers. This system is the first stop for nearly every injured construction worker.
Beyond workers’ comp, a third-party claim is governed by personal injury law. It’s important to be aware of two key principles in Colorado:
- Statute of Limitations: This is a legal deadline for filing a lawsuit. For most personal injury cases in Colorado, including construction accidents, you generally have two years from the date of the injury to file a claim. If you miss this deadline, you may lose your right to seek compensation forever.
- Modified Comparative Fault: Colorado follows a rule called modified comparative fault. This means that if you are found to be partially at fault for your own accident, you can still recover damages, but your final award will be reduced by your percentage of fault. However, if you are determined to be 50% or more at fault, you cannot recover any compensation. Insurance companies may try to use this rule to shift blame onto you, which is why a thorough investigation is so important.
Understanding these legal concepts is vital, as they can significantly influence the strategy and outcome of your case.
Grand Junction Construction Accident FAQs
We understand you have many questions right now. Here are answers to some common concerns we hear from people in your situation.
What happens if my employer does not have workers’ compensation insurance?
Although it is required for most employers in Colorado, some may illegally fail to carry it. If your employer is uninsured, you may have the right to sue them directly in civil court for your injuries, which is an exception to the general rule that you cannot sue your employer for a workplace accident.
Can I be fired for filing a workers’ compensation claim?
No. It is illegal for an employer in Colorado to retaliate against you, including firing you, for reporting an injury and filing a workers’ compensation claim in good faith. If you believe you have been wrongfully terminated, you may have grounds for a separate legal action.
What is the difference between a general contractor’s and a subcontractor’s liability?
A general contractor is often responsible for overall site safety. If they fail to maintain a safe environment, coordinate work properly, or enforce safety rules, they could be held liable for an injury, even if it was a subcontractor’s employee who was hurt. A subcontractor can also be held liable if their specific negligence, like operating a crane carelessly, causes an injury to an employee of another company.
My injury was caused by a defective tool or piece of machinery. Who is responsible?
If your injury resulted from faulty equipment, you might have a product liability claim against the manufacturer, designer, or distributor of that tool or machine. This would be a type of third-party claim, separate from workers’ compensation and any claims against contractors on the site.
Get Back on Your Feet. We’ll Handle the Fight.
You shouldn’t have to carry the weight of a legal battle while you’re recovering from a serious construction accident injury. Your focus should be on your health and your family. Let us take on the fight for you. At Slingshot Law, we are ready to stand up to the insurance giants and advocate for the just and fair compensation you need to rebuild your life.
Contact us today at (866) 647-1311 or through our online form for a free, no-obligation consultation. We are here to listen to your story, answer your questions, and provide clear guidance on your options. You don’t have to face this alone. Let us be the game-changing weapon in your battle.
Grand Junction Office
Address: 734 Main Street, Grand Junction, CO 81501
Phone: 866-647-1311