In Colorado, injured construction workers can pursue workers’ compensation benefits and, in many cases, a separate third-party personal injury claim against a negligent contractor, equipment manufacturer, or property owner. Filing both can allow you to recover medical expenses, lost wages, pain and suffering, and other damages that workers’ compensation alone does not cover. Colorado’s statute of limitations for personal injury claims is generally three years from the date of the accident.
How Our Firm Approaches Construction Accident Cases
Construction accident claims are among the most legally complex personal injury matters, often involving multiple liable parties, OSHA violations, and competing insurance interests. That’s where the Law Offices of Dianne Sawaya steps in. Here is what our team brings to every case:
- 30 years of legal experience. Firm founder Dianne Sawaya personally reviews every case, applying three decades of personal injury knowledge to your specific situation.
- Collaboration with experts. We work with medical professionals, construction safety experts, electricians, and fire investigators to build a thorough, evidence-backed case.
- Medical connections that matter. We quickly connect clients with trusted Colorado medical providers, so your treatment starts without delay while your case is being built.
- Insurance company experience. We handle all communication with insurers on your behalf and push back on settlement offers that fall short of what you actually need.
- No fees unless we win. You pay nothing unless we recover compensation for you. There is no financial risk in getting started.
From your first call through the resolution of your case, we work alongside you at every step, keeping you informed and advocating for everything you and your family deserve. Contact us today to get started with an experienced construction accident lawyer.
Who Can Be Held Liable for a Denver Construction Accident?
Liability in construction accident cases is rarely straightforward. Colorado job sites typically involve property owners, general contractors, subcontractors, equipment manufacturers, and other third parties, all of whom may share responsibility depending on the cause of the accident.
Employers are generally protected from direct lawsuits under Colorado’s workers’ compensation system. However, other parties on or connected to the job site may be held liable, such as:
- General contractors or subcontractors who created or ignored an unsafe condition
- Equipment or tool manufacturers, if a product defect contributed to the accident
- Property owners who failed to maintain a safe work environment
- Engineers or architects whose design decisions created a hazard
- Drivers whose negligence caused an accident in or around a construction zone
You can depend on our team to identify the responsible party, hold them accountable, and protect your rights.
Should I File a Workers’ Compensation Claim or a Personal Injury Lawsuit?
In many construction accident cases, the answer is both. Workers’ compensation in Colorado is a no-fault system, meaning you do not have to prove someone was negligent to receive benefits. It covers medical treatment and a portion of your lost wages, but it does not compensate you for pain and suffering, and it typically does not replace your full income while you are unable to work.
A third-party personal injury claim, filed against a contractor, manufacturer, or other non-employer party, operates differently. To succeed, you must show that the third party’s negligence caused your injury. If successful, this type of claim can recover damages that workers’ compensation does not pay, including:
- Full lost wages, past and future
- Pain and suffering
- Loss of enjoyment of life
- Compensation for permanent disability or disfigurement
Colorado follows a modified comparative negligence rule, which means you can still recover damages even if you were partially at fault for the accident, as long as your share of fault does not exceed 49 percent. Your total recovery is reduced by your percentage of fault.
Talk to a Denver Construction Accident Lawyer Today
A construction accident can change everything quickly, and the steps you take in the weeks that follow matter. Evidence disappears, deadlines approach, and insurance companies move fast. You do not have to figure this out alone.
At the Law Offices of Dianne Sawaya, LLC, we represent construction workers and bystanders injured on Denver job sites. We handle the legal and insurance work so you can focus on what matters most: getting better. Contact us today for a free case review.
Frequently Asked Questions
How long do I have to file a construction accident claim in Colorado?
For a personal injury claim in Colorado, the statute of limitations is generally three years from the date of the accident. Workers’ compensation claims have different and often shorter deadlines: you must report your injury to your employer within four days to preserve your right to wage loss benefits, and the claim must generally be filed within two years. Because deadlines vary by claim type, it is important to speak with an attorney as soon as possible after your injury.
Can I sue if I was hurt in a construction zone as a driver or pedestrian?
Yes. If you were injured in or around a construction zone as a driver, pedestrian, or bystander, you may have a personal injury claim against the contractor, property owner, or another party responsible for maintaining a safe work zone. You do not need to be a construction worker to pursue compensation after a construction site accident in Colorado.
What if I were partially at fault for my construction accident?
Colorado uses a modified comparative negligence rule. You can still recover compensation as long as you were not more than 49 percent responsible for the accident. However, your total recovery is reduced by your percentage of fault. For example, if you were found 20 percent at fault and your damages totaled $100,000, you could recover $80,000. An experienced attorney can help you accurately assess and contest any fault attributed to you.