Construction Accidents in Denver: Obtaining Compensation
Most victims of construction accidents are employees or subcontractors of the company doing the work. In many of these cases, the issues can be resolved through workers’ compensation. Workers’ compensation, however, does not cover every type of claim, especially when the negligent party was a third-party or subcontractor or there was a defective part or piece of equipment that led to the accident. Furthermore, in some cases a relative of the victim can recover damages for certain types of harm resulting from a construction accident.
There are preventable accidents where a person was injured on the job through the carelessness of an employer or a co-worker. Under these circumstance, you may file a claim for damages under the Colorado worker’s compensation plan. It is important to act quickly after an accident as there are strict time limits on notification of injury and filing a claim. You do not have to file a formal lawsuit to recover damages under worker’s compensation – you can file the claim with your employer’s worker’s compensation insurance carrier. The worker’s compensation program mandates specific amounts of damages for particular injuries and damages awards are limited.
Awards & Recognition
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2017-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017) BY THE NATIONAL TRIAL LAWYERS ASSOCIATION
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), NEIL SOLOMON (2020-2021), & CHRISTINA HAGEN (2021) BY SUPER LAWYERS (A THOMPSON REUTERS COMPANY)
MEMBERS JOHN C. (JACK) ZINDA (2017-2020), JOE CAPUTO (2019-2020), BURGESS WILLIAMS (2019-2020), NEIL SOLOMON (2019-2020), COLE GUMM (2019-2020), CHRISTINA HAGEN (2020) & BRENDAN MCQUAID (2020)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
AWARDED TO ZINDA LAW GROUP (2016-2019) BY THE AMERICAN INSTITUTE OF PERSONAL INJURY ATTORNEYS
AWARDED TO JOHN C. (JACK) ZINDA IN 2015, 2016, 2017, AND 2020
AWARDED TO JOE CAPUTO (2016-2019) BY THE AMERICAN INSTITUTE OF PERSONAL INJURY ATTORNEYS
AWARDED TO ZINDA LAW GROUP IN 2018 BY INC.
Awarded to John C (Jack) Zinda (2021) by the American Association for Justice
I did not know what to do. I had never been hurt in a wreck before and this was a major accident that was not my fault. I reached out to Zinda Law Group and they were fantastic, answered all my questions, got me help immediately, and took care of everything!!
There comes a time when you need someone in your corner that you can trust. Our time came when we knew we needed the advice and counsel of an attorney. The day we walked into Zinda Law Group we knew we were covered.
There is a reason why this law firm has a 5 star rating. My experience with personal injury attorney Joe Caputo and all of the staff at Zinda Law Group has been excellent... I would definitely recommend Zinda Law Group.
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This is a really great firm! They settled my personal injury case in a year. Throughout the whole process, they were keeping in touch with me and helping me get the best treatment possible. They honestly know what they are doing. It was a pleasure working with these guys.
Everyone was so professional and was very interested in helping me with my issues. They were very upfront and honest about what I could expect.
I contacted Zinda Law Group after getting nowhere on my own with a personal injury case. I am so thankful I did. They took it off my plate and handled everything from appointments, to phone calls, and emails.
“Third Party” Defendants
If the accident was caused by a third party – any party other than your employer or a co-worker – you can file an ordinary personal injury lawsuit in state court to recover damages, in addition to the amount you receive from workers’ compensation. This allows you to evade the limitations on damages under the workers’ compensation system.
A typical third party in a construction accident lawsuit would be a construction equipment or parts manufacturer or distributor. In this case, you may allege strict product liability, which normally requires you to prove the existence of a design defect or a manufacturing defect in the product, but no other type of fault.
Independent contractors are common in the construction industry. If you are a contractor or a subcontractor, you cannot file for workers’ compensation benefits – you will have to file an ordinary personal injury lawsuit. Typically, you will sue the party who hired you, based on a claim of negligence. Winning a negligence lawsuit requires you to prove that the defendant breached a duty owed to you (by carelessly allowing a dangerous working condition, for example), that this breach caused the accident, and that you suffered damages, such as medical expenses, lost work days, and mental anguish, as a result of the accident.
“Third Party” Plaintiffs
A third-party plaintiff is a plaintiff in a personal injury lawsuit other than the victim of the accident. There are two common types of claims asserted by third-party plaintiffs — loss of consortium and wrongful death (if the victim died in the accident).
As the spouse of a construction accident victim who was seriously injured, you might have suffered great intangible losses yourself – loss of companionship, loss of household services, loss of emotional support, loss of sexual relations and other significant losses. In this situation, you can assert a loss of consortium claim in your own name. The damages you recover will be added to the damages recovered by your spouse.
Under Colorado law, in the event of a fatal accident, a wrongful death lawsuit can be filed by the victim’s spouse, parent, or child (including an adult offspring), depending on the timing of the lawsuit. In the first year after the death, only the spouse of the victim can file a lawsuit. After a year has passed, the spouse or child of the deceased may file a legal action. If the deceased does not have a spouse or children, then the parents of the deceased may file a case. The representative of the estate also may file a survival action. Depending on the circumstances, a wrongful death lawsuit may seek loss of consortium damages as well as damages for loss of financial support or other damages suffered by surviving relatives.
If you have been hurt in a construction accident, you need skilled legal representation to guide you through the maze that is the Colorado legal system. Zinda Law Group is a Denver personal injury law firm that has won the immense respect of its clients. We have represented a multitude of clients in construction accident cases. We will explore every legal option and challenge every obstacle to help you obtain the compensation you deserve. Call us today at 303-800-1501 to schedule a free consultation.