CALL (800) 863-5312 TO SPEAK WITH FORT COLLINS WORKPLACE ACCIDENT LAWYERS FOR FREE
Most Americans spend the majority of their time either at home or at work. As a result, we expect the workplace to be a safe environment. Unfortunately, this may often not be the case, especially in environments with machinery, dangerous equipment, or other hazards.
If you or a loved one has been injured while on the job, call the Fort Collins workplace accident lawyers from Zinda Law Group at (800) 863-5312for a free consultation. If we don’t win your case, you will not owe us anything.
COMMON WORKPLACE INJURIES
- Electrocution caused by touching exposed wiring, defective equipment, or other hazardous electrical sources
- Brain or head injuries, including Traumatic Brain Injuries (TBI), caused by falling objects or a slip and fall
- Eye injuries, including vision impairment or blindness, suffered from flying objects striking the eye
- Hearing impairment or loss caused by loud machinery or lack of hearing protection
- Burns suffered from fires or explosions often caused by flammable gases or chemicals
- Limbs crushed by machinery, being buried under falling materials, or from being caught in between machinery or structures
- Back, spinal cord, or head injuries caused by slipping on slippery surfaces, tripping over improperly placed objects, falling from defective scaffolding or ladders, or other means
- Amputations caused by accidents such as being crushed, caught between objects, or being struck by sharp blades such as within large machines
- Catastrophic injuries suffered in automobile accidents while the employee was driving for work-related purposes or otherwise acting within the scope of employment
- Diseases or illnesses suffered as a result of a single or repeated exposure to toxic or hazardous materials such as poisonous chemicals, asbestos, or other toxic materials
- Repetitive motion injuries such as carpal tunnel, bursitis, or other injuries caused by the strain of overuse or repetitive motions
- Death caused by various types of workplace accidents
HOW TO FILE A WORKPLACE INJURY CLAIM
1. Seek Immediate Medical Attention
If you have been injured at work or while performing work-related functions, you should always seek medical attention as soon as possible after your accident. In some cases, any injuries you may have suffered may not be readily apparent, especially if you have suffered internal injuries such as internal bleeding. The injuries may be not become apparent until later or may appear to only be mild symptoms such as head pain, bruising, or nausea. However, seeking immediate medical treatment after your accident may ensure that any injuries are discovered and you receive the appropriate treatment. Untreated injuries may become more serious and even life-threatening in some cases if left untreated. Finally, seeking medical attention as soon as possible after your accident may also provide crucial evidence to help your lawyer prove the extent of your injuries and that these injuries were suffered while you were working.
2. Gather Applicable Documentation
You should always attempt to gather applicable documentation of your accident and any injuries you suffered. This documentation may help your attorney prove the extent of your injuries or how the accident was caused. If possible, try to take pictures of the scene of the accident, gather any witness information, and maintain documentation of your injuries. Also collect any records that may demonstrate how your accident was caused, such as an employee training manual that fails to provide adequate warnings or training.
3. Contact A Fort Collins Workplace Injury Attorney
Perhaps the most important step to take when filing a workplace injury claim is to contact a Fort Collins workplace injury lawyer as soon as possible after your accident. Your attorney may help you determine whether you should file a workers’ comp claim or potentially file a lawsuit against your employer or a third party. Your lawyer may begin by investigating the accident to discover what caused your injuries and who may be liable. Finally, your attorney may negotiate with insurance companies on your behalf to reach a settlement. If your lawyer can’t reach a settlement agreement, they may take your case to trial.
4. File A Workers’ Compensation Claim and/or Lawsuit
In most workplace injury cases, you may begin seeking compensation by filing a workers’ comp claim with your employer’s workers’ compensation insurance carrier. Your lawyer may help you with this claim process. In some cases, you may also be able to file a lawsuit against third parties who may have caused or contributed to your injuries. Finally, you may also be able to file a lawsuit against your employer if certain exemptions to workers’ compensation laws apply.
Colorado law requires all employers to maintain workers’ compensation insurance coverage. If the employer has at least one employee, this coverage requirement applies, regardless of whether those employees are considered part-time or full-time. If an employee is injured at work, the employer’s workers’ comp insurance coverage will typically apply and cover the injured employee’s medical costs as well as any lost wages, temporary or permanent disability benefits, or funeral costs if the accident was fatal. However, injured employees must meet applicable workers’ comp requirements to receive benefits. The injured worker must notify the employer as soon as possible after the accident so the employer can then notify its insurance carrier. If the accident was fatal or may have injured three or more employees, the employer must notify its insurer immediately. Otherwise, the employer will generally have up to 10 days to notify the insurance company.
COMMON QUESTIONS ABOUT WORKPLACE LAWSUITS
Who May Be Liable for My Workplace Accident?
Depending on the nature of your workplace accident, multiple parties may be liable for your injuries. Your employer may be liable for accidents in the workplace. If your accident was caused because your employer failed to provide or maintain adequate safety equipment, failed to properly train you or coworkers, or intentionally caused your injury, your employer may be liable. However, because of workers’ comp laws, you may be unable to sue your employer unless the employer intentionally caused your injuries.
If a third party caused your injuries, such as a third-party contractor present in the workplace, they may be liable for your injuries in some cases. These lawsuits will generally not be barred by workers’ comp laws protecting your employer. Finally, if your injuries were caused by an equipment malfunction or defective tools, machinery, or other equipment, the manufacturer may also be liable for your accident, as well as the retailer or vendor sold the defective product to your employer.
How Do I Know If I Can Sue My Employer?
Your employer generally has a duty to follow applicable safety rules and regulations to prevent workplace accidents and employee injuries. In some cases, though, your employer may fail to meet this obligation to ensure a safe workplace. As a result of workers’ compensation laws, employees are often unable to sue their employer for workplace injuries covered by workers’ comp. However, there are exceptions when you may be able to sue your employer for your workplace injuries. For example, if your employer caused your injuries intentionally, you will generally be able to sue your employer. Further, if your employer manufactured the defective product that caused your injuries, you may still be able to sue your employer under a products liability claim rather than a personal injury claim. Finally, if you are an independent contractor rather than a true employee, you may also be able to sue the person or entity paying you because they are not your employer.
How Long Do I Have to Sue My Employer?
If an exemption to the employer immunity applies, any potential lawsuit against your employer must be filed within the applicable Colorado statute of limitations. In Colorado, the statute of limitations for personal injury cases, including workplace injury cases, is two years from the date the injuries were sustained pursuant to CO Rev. Stat. § 13-80-102 and CO Rev. Stat. § 13-21-204. This means that any claim against your employer must generally be filed within two years of the accident, or your claim will likely be barred and you will not be able to sue your employer.
What Damages Can I Claim in a Workplace Lawsuit?
If you have been injured at work, the damages you are able to claim will depend upon whether you are receiving workers’ comp benefits or filing a lawsuit. Workers’ compensation benefits typically only provide compensation for economic losses, such as medical bills, lost income, temporary or physical disability, or burial benefits in the event of death. However, if you are filing a lawsuit against your employer or a third party, you may also be able to claim certain non-economic damages such as any pain and suffering caused by your injuries from the accident or a loss of consortium if your injuries impair your ability to enjoy your relationship with your spouse, such as in the case of certain physical disabilities or disfigurement.
HOW ZINDA LAW GROUP MAY HELP
Zinda Law Group’s team of experienced work injury lawyers in Fort Collins help clients seek compensation they may be entitled after they are injured in a workplace accident. Our team may help you understand how workers’ compensation works and determine whether you can sue your employer. Your lawyer may handle your case and seek compensation on your behalf while you focus on recovering from any injuries you may have suffered in the accident. Having an experienced attorney representing you may be the difference in successfully seeking compensation for injuries suffered while on the job.
CONTACT ZINDA LAW GROUP FOR A CASE EVALUATION
At Zinda Law Group, our Fort Collins personal injury attorneys may assist you with your workplace injury claim. We help our clients seek maximum compensation after they’ve been injured in an accident at work.
Call (800) 863-5312 today for a free consultation with one of our personal injury attorneys. We work on a contingency fee basis, so you will not pay anything unless we can win your Fort Collins workplace accident case.
Meetings with attorneys by appointment only.