Colorado Springs Construction Accident Lawyer

Helping Injured Construction Workers in Parker & Pueblo

Construction is innately dangerous, but many construction accidents are avoidable. If you or a loved one was hurt in a construction accident, you may be able to recover compensation for medical expenses and non-economic losses through a personal injury claim or lawsuit.

At Clawson & Clawson, LLP, our personal injury lawyers in Colorado Springs believe careless and negligent construction companies, employers, and employees should be held responsible for the workplace accidents and injuries they cause. That's why we are dedicated to helping our clients collect the money they need and deserve.

Contract Work Hours and Safety Standards Act (CWHSSA)

The Contract Work Hours and Safety Standards Act (CWHSSA) applies to federal and federally assisted construction contracts that are worth more than $100,000. In short, CWHSSA prohibits subcontractors and contractors from underpaying employees for working over 40 hours per week.

But the CWHSSA applies to more than construction worker pay – it also requires contractors and subcontractors to provide hazard-free, safe, and sanitary work environments for their employees. A violation of the CWHSSA may result in employee injury, sickness, or wrongful death. If you suffered a serious injury because a contractor or subcontractor failed to provide an adequate work environment, a Colorado Springs personal injury lawyer may be able to help you obtain financial compensation such as personal injury damages.

Common Construction Accidents: "Struck-By" Hazards

According to the Occupational Safety & Health Administration (OSHA), "struck-by" accidents are one of the most common causes behind construction-related injury and death. There are four types of struck-by accidents: falling object, flying object, swinging/slipping object, and ground level. These types of accidents are one of the four leading causes of construction worker death in the United States. OSHA reports that 504 struck-by reports were filed in 2007. In the same year, 311 American construction workers were killed. 26% of these deaths were caused by struck-by hazards; and 10% of all occupational deaths in the United States were the result of struck-by accidents.

Recognizing Struck-By Hazards

A struck-by hazard occurs when a construction worker is in danger of being hit by a moving object. For example, working below an elevated work platform creates a struck-by falling object hazard. When a crane lifts heavy materials overhead, workers are subject to the same type of accident. To avoid struck-by falling object injuries, employees should avoid walking below work platforms and never store heavy materials improperly overhead.

Fall Injuries & Construction Hazards

OSHA identifies four primary types of construction accidents. These accidents are called "The Big Four Construction Hazards" and include fall injuries, electrical accidents, struck-by injuries, and caught-in accidents. Fall accidents are preventable through safety training and equipment. Construction workers who work on scaffolding, ladders, or roofs that are elevated more than six feet above the ground are at risk of suffering a fall injury.

If a job requires workers to use ladders, etc., the employer should provide adequate fall protection. For example, different types of scaffolding should be used for different construction jobs. If an employer provides the wrong type of scaffolding, workers could suffer serious, often catastrophic, fall injuries. Other elevated jobs might require harnesses and other safety gear.

"Caught-In" Construction Injuries

A caught-in injury occurs when a worker becomes trapped between two objects. According to OSHA, 192 construction workers died in caught-in accidents in 2007, equaling approximately 16% of all construction-related deaths. 5% of all work-related deaths are the result of caught-in accidents. Simply put, a caught-in hazard occurs when a construction worker is in any danger of becoming trapped between two objects.

Caught-in accidents can also occur when a worker's body part becomes trapped in a smaller piece of machinery. Workers can avoid this type of injury by enabling guards on equipment. Workers should never place their hands, arms, or other limbs near moving parts of a machine. If the worker is wearing long sleeves, loose clothing, or jewelry, he or she should be aware of potential caught-in accidents. Employees should never use equipment or machinery that is missing safety guards or any protective feature.

Common Injuries: Electrocution Accidents

Electrocution accidents are another common source of construction accidents, injuries and death. As part of the "Big Four Construction Hazards," electrocution is responsible for a significant portion of workplace deaths in the United States. According to OSHA, 124 construction employees died from electrocution in 2006. Electricity enables construction employees to work, but it also poses a serious threat to employees' safety and wellbeing.

Simply put, electricity flows through metals, waters, soil, the human body, and other conductors. When power tools and other machinery are working correctly, the worker will not come into contact with the electricity. However, damaged machinery can short circuit and cause the electricity to travel through the worker's body. Many electrical injuries are the result of damaged insulation, exposed electrical equipment, faulty wiring, improper grounding, power lines, and wet conditions.

To avoid this type of injury, construction workers should use personal protective equipment (such as gloves) to help prevent electrocution injuries. Workers should always ground electrical circuits properly and avoid using broken tools, wiring, and electrical systems. Additionally, employees should always close electrical panels and use flexible electrical cords. If an employer provides employees with old or broken electrical equipment, he or she could be held responsible for employee injuries and death.

Filing a Construction Accident Claim in Colorado Springs

After a serious construction accident, many injured workers are unsure whether they should pursue a workers' compensation claim, a personal injury lawsuit, or both. The right path depends on how the accident happened, who controlled the jobsite, and whether a third party such as a subcontractor, property owner, or equipment manufacturer contributed to your injuries. In Colorado Springs and surrounding areas like Pueblo and Parker, these claims may be handled in both the workers' compensation system and the civil courts, so it is important to understand your options before making decisions.

When you meet with a construction accident attorney in Colorado Springs, you can expect a careful review of your medical records, the incident report, and any OSHA findings related to your jobsite. We may also examine contracts between general contractors and subcontractors, safety policies, and maintenance records for equipment involved in the incident. This helps us determine whether you can pursue compensation only through workers' compensation or whether a separate claim against a negligent third party can help you recover for pain and suffering, loss of enjoyment of life, and other damages that are not covered by basic wage and medical benefits.

Local factors can also affect how your claim unfolds, including which court will hear any potential lawsuit and where key evidence is located. For example, a civil case arising from a construction injury in downtown Colorado Springs may be filed in El Paso County District Court, and your medical treatment records could come from nearby facilities such as UCHealth Memorial Hospital Central. Understanding these local details allows a construction accident lawyer to move your case forward efficiently while you focus on healing and following your doctors' recommendations.

Preventing Construction Accidents

Construction accidents can be prevented. According to OSHA, workers with positive and cooperative attitudes can help prevent construction accidents. To avoid accidents, construction workers should plan their work as a team and look for potential accident hazards.

Helmets, safety glasses, face shields, and reflective vests are all types of Personal Protective Equipment (PPE). PPE should be used whenever a safety hazard occurs. Additionally, construction materials should be stored so that they do not fall on workers. All storage areas should be kept neat. Before moving materials from the storage area, workers should inspect the rigging and secure the cargo. Additionally, crane operators should never lift a load of materials that is heavier than the machine's lifting capacity.

Frequently Asked Questions

What should I do immediately after a construction accident in Colorado Springs? 

The absolute first priority is seeking emergency medical attention for your injuries even if they seem minor. Report the accident to your site supervisor or employer immediately so an official incident report is documented. Collect contact information from any witnesses and take photos of the hazard that caused your injury before the construction scene is altered or cleared. Finally, reach out to a dedicated legal professional to protect your right to maximum compensation before giving any recorded statements to insurance adjusters.

Can I sue my employer for a construction site injury in Colorado? 

Under Colorado state law, workers compensation is generally the exclusive remedy against your direct employer for an on the job injury. However, you are permitted to file a third party personal injury lawsuit if your injury was caused by the negligence of a separate entity operating on the site. This frequently includes general contractors, subcontractors, heavy equipment manufacturers, delivery drivers, or property owners who failed to maintain a reasonably safe environment.

How long do I have to file a construction accident claim in Colorado Springs? 

The statute of limitations for personal injury claims in Colorado is typically two years from the date of the construction accident. If your injury involves a motor vehicle collision on the construction site, the time limit extends to three years. Missing these strict legal deadlines will permanently prevent you from recovering financial compensation, making it imperative to engage legal counsel immediately to investigate the site and preserve critical evidence.

What type of compensation can I recover after a construction site injury?

 Filing a successful third party personal injury claim allows you to recover comprehensive damages that extend far beyond standard workplace injury benefits. You can seek total financial recovery for all past and future medical expenses, lost wages, loss of future earning capacity, and vocational rehabilitation costs. Furthermore, a civil personal injury lawsuit permits you to claim non economic damages for physical pain, emotional distress, and loss of enjoyment of life.

Who is held liable for a scaffolding collapse or equipment failure? 

Liability heavily depends on the specific circumstances of the catastrophic failure and who was legally responsible for the assembly or maintenance of the equipment. The manufacturer or distributor could be held strictly liable if the machinery or scaffolding was inherently defective from the factory. Alternatively, if a separate subcontractor assembled the structure improperly or a maintenance company failed to conduct mandatory safety inspections, they can be held directly responsible for your resulting injuries.

Contact Our Construction Accident Attorney in Colorado Springs

Our firm offers comprehensive legal guidance and representation to clients. After an accident, you may feel overwhelmed by medical expenses, missed wages, and non-economic losses. We can help. Our team of construction accident attorneys can provide the aggressive and effective representation you need. We have more than 100 years of combined legal experience. In this time, our lawyers have recovered millions of dollars for accident victims. Our Colorado Springs accident attorneys are ready to put our experience to work for you: give us a call and let us fight for the compensation you deserve!

To see what Clawson & Clawson, LLP can do for you, contact us online or call our office at (719) 602-5888.