Denver Work Injury Lawyer

Have you or a loved one been injured while on the job? At Eley Law Firm, our Denver workers’ compensation lawyers know the toll this can take on you and your family. That’s why we’re serious about getting the victims of workplace injuries the compensation they deserve.

Don’t let a workplace injury hold you back – contact Eley Law Firm today to schedule a free, no-obligation consultation.

Examples Of Workplace Injuries In Colorado

Denver work injury lawyer

The Occupational Health And Safety Administration (OSHA) states that an injury is work-related based on whether the “events or exposures occurring in the work environment” caused the injury or illness.

With that basic understanding of what constitutes a workplace injury, it’s clear that workplace injuries can take many different forms. Here are a few examples:

According to the National Safety Council (NSC), the top three most common workplace injury causes are exposure to harmful substances, overexertion, and slips and falls. While not clearly defined in law, our catastrophic work accident attorneys in Denver can help you receive the maximum compensation for your injury that leaves you permanently disabled.

 

Types of Accidents That Cause Work Injuries

Workplace accidents happen in many ways, often due to unsafe conditions, lack of training, or employer negligence. Some hazards are common across industries, while others are specific to certain jobs. Knowing how these accidents occur can help you determine whether safety violations played a role in your injury.

Falls From Heights

Working on ladders, scaffolding, or rooftops comes with serious risks when proper safety measures are not in place. Falls often happen due to unstable surfaces, missing guardrails, or failure to provide fall protection. Employers are required under the Occupational Safety and Health Administration (OSHA) standards to provide harnesses and secure working platforms when employees work at elevated levels. Several factors contribute to fall-related workplace accidents, including:

  • Lack of protective equipment – Missing or defective harnesses, guardrails, or safety nets increase the likelihood of falls.
  • Unsecured scaffolding – Weak planks, loose railings, and improper assembly make platforms unsafe.
  • Slippery surfaces – Wet or icy conditions make it difficult to maintain balance, especially on metal or unfinished wood.
  • Poor training – Workers unfamiliar with height safety procedures may not use proper fall prevention techniques.
  • Structural defects – Weak or damaged roofing, unstable ladders, and improperly secured beams pose significant risks.
  • Overloaded weight limits – Too many workers or heavy equipment on a platform can lead to collapse.

Slip and Fall Accidents

Hazardous walking surfaces in workplaces cause thousands of injuries each year. Employees can slip on wet floors, trip over unsecured cords, or fall due to poor lighting. OSHA regulations require employers to keep walking areas free of obstructions and hazards to prevent these accidents. Common causes of slip and fall accidents in the workplace include:

  • Spills, clutter, and debris left on floors create dangerous conditions.
  • Loose carpeting, uneven flooring, or broken staircases increase the risk of tripping.
  • Failing to mark wet floors or temporary hazards puts workers at risk.
  • Dimly lit hallways, stairwells, and workspaces make it harder to see hazards.
  • Loose cables across walkways can easily cause trips and falls.
  • Damaged or missing floor mats in high-traffic areas reduce traction and stability.

Machinery and Equipment Accidents

Heavy machinery and industrial equipment require proper handling, regular maintenance, and sufficient training. Accidents happen when employers fail to maintain machines, bypass safety features, or allow unqualified workers to operate dangerous equipment. The Occupational Safety and Health Act requires employers to comply with machine safety regulations to protect workers from preventable harm.

Vehicle-Related Work Accidents

Many industries require employees to operate or work near vehicles, increasing the risk of serious accidents. Work-related crashes happen when drivers lose control, fail to follow traffic safety rules, or operate vehicles in hazardous conditions. The National Institute for Occupational Safety and Health (NIOSH) offers safety guidelines and recommendations for workplace transportation to minimize these risks. Factors that contribute to vehicle-related work accidents include:

  • Unsafe driving practices 
  • Poor vehicle maintenance 
  • Hazardous work environments 
  • Poorly marked work zones 
  • Defective vehicle components 
  • Driver fatigue 

Exposure to Harmful Substances

Some workplaces expose employees to hazardous chemicals, toxic fumes, or dangerous airborne particles. Inhalation, skin contact, or prolonged exposure to these substances can cause long-term health complications. The Occupational Safety and Health Act requires employers to follow safety protocols for handling hazardous materials to prevent workplace illnesses.

Employers must provide adequate protective equipment and enforce safety protocols to prevent toxic exposure. If your illness resulted from exposure at work, you may be eligible for workers’ compensation benefits. Some cases may also allow for additional claims, such as those involving employer negligence or exposure to banned substances.

Employers must follow strict safety regulations to prevent work-related accidents and injuries. If your employer failed to provide proper training, equipment, or a safe work environment, you may be entitled to compensation. Your Denver work injury attorney with our firm can assess the details of your case and help you pursue the benefits you deserve.

Workers’ Compensation Law In Colorado

An employer is mandated to carry workers’ compensation coverage when they have a business with more than one employee; most employees will be protected under Colorado workers’ compensation law.

However, certain individuals may engage in business activities but not be eligible for coverage.

Some examples are

  1. Independent contractors
  2. Volunteers
  3. Inmates performing penal labor
  4. Drivers with lease agreements under a carrier
  5. Commission-based real estate agents
  6. Less than full-time domestic, maintenance, or repair workers for a private homeowner owner
  7. Federal employees and railroad workers are covered by the Federal Employers Compensation Act (FECA)
  8. Seasonal and Farm Workers

The above list is not comprehensive. To fully understand the potential eligibility of those receiving workers’ compensation, an individual should explore the definition of “employee” under Colorado’s Workers’ Compensation Act.

If you’re unsure what set of laws or rules your situation falls under, contact the Denver workplace injury experts at Eley Law Firm today for a free consultation in your case.

How Denver Workers’ Compensation Benefits Work

Workers’ compensation benefits provide financial relief if you suffered an injury on the job. These benefits cover lost wages, medical treatment, and additional support for severe injuries or disabilities. Under Colorado Revised Statutes § 8-40-102, employers must carry workers’ compensation insurance to provide these benefits, regardless of fault.

Wage-Related Benefits

Lost wages from a work injury can create financial strain, but wage-replacement benefits help offset this burden. Temporary total disability (TTD) benefits cover two-thirds of your average weekly wage if you are unable to work. If you can return to work with restrictions but earn less than before, temporary partial disability (TPD) benefits provide partial wage replacement.

Permanent disability benefits may apply if your injury results in long-term limitations. Colorado Revised Statutes § 8-42-107 outlines compensation for permanent partial or total disability based on the severity of the impairment. If your injury prevents you from ever returning to work, permanent total disability (PTD) benefits may continue for life.

Full Coverage of Your Medical Bills

Workers’ compensation must cover all medical expenses related to your work injury. This includes emergency treatment, doctor visits, surgeries, medications, and physical therapy. Under Colorado Revised Statutes § 8-42-101, your employer’s insurance provider is responsible for paying these costs.

To receive full coverage, you must seek treatment from an employer-approved medical provider. In emergency situations, you can receive care from any doctor, but follow-up visits must align with the insurer’s network. If you disagree with the care you receive, you have the right to request a second opinion or an independent medical examination.

Vocational Rehabilitation Benefits

Some injuries prevent you from returning to your previous job, requiring you to learn new skills. Vocational rehabilitation benefits cover job retraining, career counseling, and educational programs to help you transition into a new field. If you qualify, these services are provided at no cost to you through your employer’s workers’ compensation insurance.

The goal of vocational rehabilitation is to help you find suitable employment that accommodates your injury. Benefits may include resume assistance, interview coaching, and tuition for technical training. If your employer fails to offer these services, you may have legal grounds to request additional compensation.

Death Benefits

Workers’ compensation provides financial support if a work accident results in a fatality. Death benefits cover funeral expenses and provide ongoing financial support to dependents. Under Colorado Revised Statutes § 8-42-114, surviving spouses and children may receive compensation based on the deceased worker’s average wages.

The amount of death benefits depends on the number of dependents. A surviving spouse may receive lifetime payments, while minor children receive benefits until they reach adulthood. If the deceased worker had no dependents, their estate may be entitled to compensation for funeral and burial costs.

Important Work Injury Laws You Need to Know

Workers’ compensation laws determine when and how you can file a claim after a work accident. Missing critical deadlines or failing to follow the correct process can impact your eligibility for benefits. Below are some of the most important laws that affect work injury claims in Denver:

  • Statute of limitations for workers’ compensation claims – According to Colorado Revised Statutes § 8-43-103, you generally have two years from the date of injury to file a workers’ compensation claim. If you fail to submit your claim within this timeframe, you may lose your right to benefits. In some cases, the deadline may be extended to three years if you can prove your employer failed to report the injury properly.
  • Statute of limitations for personal injury claims – Per Colorado Revised Statutes § 13-80-102, if your work injury involves a third party, you may have the right to file a personal injury lawsuit. In Colorado, you usually have three years from the date of the accident to file a claim for injuries caused by a motor vehicle and two years for all other injury claims. 
  • Deadline for reporting a work accident – Under Colorado Revised Statutes § 8-43-102, you typically must report your work injury to your employer within ten days of the accident. Failing to report your injury within this period may result in reduced benefits. Your employer is then required to notify their insurance provider within ten days of your report.
  • Employer requirements for workers’ compensation coverage – According to Colorado Revised Statutes § 8-40-102, almost all employers in Colorado must carry workers’ compensation insurance. If your employer does not have coverage, you may be eligible to seek benefits through the Colorado Uninsured Employer Fund. In some cases, you may also have grounds to file a lawsuit against your employer for failing to provide required coverage.
  • Right to medical treatment and second opinions – Per Colorado Revised Statutes § 8-42-101, you must seek treatment from an employer-approved doctor for workers’ compensation to cover your medical expenses. However, if you disagree with your diagnosis or treatment plan, you have the right to request an independent medical examination. If the insurer denies your request, you may have legal options to challenge their decision.

Workers’ compensation laws are in place to protect injured workers, but failing to follow specific legal requirements can affect your claim. If you have concerns about eligibility, deadlines, or employer compliance, reviewing your case with a legal professional may be necessary.

When to File a Personal Injury Lawsuit for a Work Accident

Workers’ compensation laws prevent you from suing your employer for a work-related injury in most cases. By filing a workers’ compensation claim, you forfeit your right to sue your employer, even if their negligence contributed to the accident. However, if a third party played a role in your injury, you may be able to pursue additional compensation through a personal injury lawsuit.

Third-party liability claims apply when someone other than your employer caused or contributed to your injury. This may include negligent drivers in work-related vehicle accidents, equipment manufacturers in defective machinery cases, or subcontractors who create unsafe working conditions. Unlike workers’ compensation, a personal injury lawsuit allows you to seek full compensation for pain and suffering, which is not covered under standard workers’ compensation benefits.

Determining whether you have grounds for a personal injury lawsuit depends on the details of your case. If a third party’s negligence contributed to your injury, pursuing legal action may allow you to recover damages beyond what workers’ compensation provides.

Why Hire A Workplace Injury Lawyer In Denver?

If an employee is already covered under an employer’s workers’ compensation insurance, you might wonder why someone would hire a workplace injury lawyer.

While, in theory, an employee or their family could navigate the complexities of a workers’ compensation case without the aid of an attorney, a victim could likely miss out on potential financial benefits because the settlement offer was too low or won’t cover all the costs in a case. In that example, it’s likely time to find a trusted Denver workplace injury lawyer.

A legal partner like the Denver manufacturing accident attorneys at Eley Law Firm would be able to work with you to ensure you get the benefits you deserve due to your workers’ compensation claim. And, in the uncommon event that you would be eligible to go outside the workers’ compensation system, Eley Law is not afraid to bring suit against an employer.

Eley Law Is The Mile High City’s Preferred Workplace Injury Law Team

With our proven track record of success in the Denver area for over 30 years, the Eley Law Firm has the expertise and resources to guide you through the complex workers’ compensation system and fight for your rights. We’re offering free, no-obligation case reviews to victims of workplace injury accidents. Contact us and request yours today.

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