If you or a loved one have been involved in an incident involving construction then the best thing you can do is contact a knowledgeable Denver construction accident lawyer. There are many factors that can play into receiving the full compensation you may be entitled to. We at DCAL will do everything we can to fight for you and your rights along with answering any questions you may have about your particular situation. Contact an experienced workers' comp attorney in Colorado today for a free consultation!
Why Can’t Most Employees Sue Their Employers for Work-Related Injuries?
Most employees are unable to sue their employers for work-related injuries because, typically, these injuries are covered under workers' compensation insurance. Insurance companies provide workers' compensation to employers to cover medical expenses incurred by employees while on the clock in order to provide fair compensation for employees. Employers are required to pay for employee injuries, regardless of who was at fault, but they have limited liability and cannot be sued by a personal injury attorney or have a personal injury claim opened against them in most situations.
In order to determine if you are able to sue your employer, you must first find out if you are covered by workers' compensation. If you are covered and open a worker's compensation claim is opened, you are then unable to sue your employer. The injured party will also need a comprehensive medical examination in order to provide proof of the cause and extent of injuries. If you find yourself in a position where you are considering taking legal action against your employer as an injured construction worker, or while working in the construction industry, the first thing you will need to do is hire a top personal injury lawyer in Denver.
What are the Exceptions to Employer Immunity for Work Injuries?
There are a few exceptions to employer immunity for industrial accidents while on the job.
- Fraudulent Concealment - When an employer intentionally fails to disclose the risk of catastrophic injury, the danger of heavy machinery, or withholds important information regarding the fatality rate associated with the job. A construction company can commit fraudulent concealment through an intentional lie, or a lie by omission.
- Dual Capacity - Dual capacity recognizes that employers have several duties to their employees. This applies in a scenario such as an employer that makes or manufactures a product that causes injury to an employee, they then bear the civil responsibility if they manufactured a defective product, and/or the defective product causes injury, diminished quality of life, or wrongful death to the employee.
- Employer Assault or Employer Ratification - This exception applies when an employer has either assaulted the employee or has given consent for a co-employee to cause bodily harm or reduced quality of life for the injured worker.
- Uninsured Employer - When an employee is injured during their time of employment, they are able to bring an accident claim against their employer if they have not secured any kind of workers' compensation coverage at the time of injury.
What is a Third-Party Claim?
When an employee is injured while on the job, they can open a workers' compensation claim against their employer. Compensation benefits are awarded to the injured worker, usually without having to prove fault on the employer's part. There are, however, some cases where the injured worker can open a third-party liability claim. This refers to injuries caused to the employee due to third-party reckless behavior or negligence. Third-party liability takes place when an individual that is separate from the employer causes the accident to take place.
A third-party claim does not take place against the supervisor or a coworker but happens out of situations like equipment manufacturers creating products with defects, negligent driving behavior, etc. In situations where there is a third party claim, it is necessary to prove the third party's fault. In order to prove fault, the plaintiff is responsible for proving duty, breach thereof, cause, and damages.
The “Fatal Four” of Construction Accidents
In construction, there are four construction site accidents identified as the "fatal four" by the Occupational Safety & Health Administration or OSHA. The fatal four hazards consist of falls, electrical exposure, being struck by hazards, and being caught in hazards. These incidents cause almost six hundred worker deaths each year in the United States.
- Falls - Falls are the number one cause of construction worker deaths. A fall hazard is anything at a work site that could cause a worker to lose balance, which could result in a fall. Any surface four or more feet high an employee can walk or work on should be seen as a potential fall hazard.
- Electrical Exposure - Electrocution is considered the second leading cause of accidents at construction sites. Employees who work with electricity in any direct capacity should use PPE (personal protective equipment) such as rubber-insulating gloves, hoods, sleeves, and helmets that are specifically designed to reduce the risk of electrical shock.
- Struck-By Hazards - Struck-by injuries are caused by an object that impacts forcibly with an employee, which can cause broken bones, traumatic brain injuries, brain injury, and other fatal construction accidents. Struck by hazards can be categorized as struck by flying objects, struck by falling objects, struck by swinging objects, and struck by moving objects.
- Caught In Hazards - Caught in hazards, also referred to as between hazards, are injuries that are caused by an employee being squeezed, crushed, pinched, compressed, or caught between two or more objects. This also covers being caught between two parts of the same object.
What Can I Do to Protect My Rights?
If you are injured while on the job, it is important for you to hire a compensation lawyer in order to receive maximum compensation. Knowing what to do after a claim is started can be complicated and confusing, so the best way to protect yourself and your rights is to report the accident to your supervisor immediately. You only have so much time to report the incident, so it is necessary to notify someone in a position of authority.
Next, you need to find a list of authorized doctors. In order to have your medical bills covered, you will need to find a doctor that is authorized by the insurance company your employer uses. This list should be posted somewhere accessible to all employees, and will usually be called a "panel of physicians".
Third, you should seek treatment as soon as you can after the initial injury has happened. This care must be paid for by your employer regardless of whether they have the panel of physicians posted. It is also your responsibility to follow all orders you receive from your medical providers.
Fourth, you need to keep your employer updated as often as possible in regard to your injury and treatment. Your doctor will need to provide you with doctor's orders, and you will need to pass this information to your employer, as well as have a copy for yourself.
Lastly, you must make sure your claim is filed with the workers' compensation insurer after reporting your injury. If your employer does not provide you with the necessary information in order to file your claim, hire a legal team that is comprised of construction injury lawyers.
Contact an Experienced DCAL Attorney Today
If you or someone you know has been injured in some sort of construction-related accident, then contact our experienced DCAL lawyers to find out how we can help you get started with filing a claim. Hiring good representation for your personal injury case is crucial. We understand that you may have many questions as to what you are entitled to, so we will do everything we can to put your mind at ease. Contact us to speak with an experienced Denver construction accident lawyer today!