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Construction Injury Lawyers in Denver

Construction work helps build Denver, but it also comes with serious risks. When a construction accident happens, your life can change in an instant. One moment you are doing your job. Next, you may be dealing with a serious injury, mounting medical bills, lost income, and uncertainty about your future. You should not have to face that alone.

Many injured construction workers in Denver do not fully understand their legal options. Colorado requires virtually all employers to carry workers’ compensation insurance — but workers’ comp alone may not cover everything you have lost. Depending on who is responsible for your accident, you may also have the right to pursue a separate personal injury claim against a contractor, property owner, or equipment maker. Our Denver construction accident lawyers help workers understand their rights and take action to protect them.

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WHAT SHOULD I DO IF I WAS INJURED ON A CONSTRUCTION SITE?

If you were hurt on a Denver construction site, get medical care right away. Then call an experienced construction injury attorney before you speak with any insurance company or sign anything. Colorado law may allow injured workers to bring claims beyond workers' comp -- including claims against general contractors, property owners, and equipment makers. An attorney can identify all responsible parties, preserve evidence before the site changes, and pursue full compensation for your medical bills, lost income, pain and suffering, and long-term losses.

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CAN A CONSTRUCTION WORKER SUE FOR INJURIES?

In many situations, yes. Colorado allows injured construction workers to file personal injury claims against third parties whose negligence contributed to the accident. Even if workers’ comp applies through your employer, you may still have claims against a general contractor, subcontractor, property owner, or equipment manufacturer. In rare cases — such as when an employer acts with deliberate intent to cause harm — an employee may also have grounds to sue the employer directly.
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Helpful Information

Colorado's Mandatory Workers' Compensation System

Unlike Texas — the only state that does not require workers’ comp — Colorado makes coverage mandatory. Under C.R.S. § 8-40-101 et seq., virtually every Colorado employer with even one employee must carry workers’ comp insurance, regardless of whether the work is full-time, part-time, or seasonal. Employers who fail to carry coverage face fines of $500 per day, personal liability for the full cost of any claim, and an additional 25% penalty.

If Your Employer Carries Workers' Comp:

Workers’ comp provides no-fault benefits covering part of your medical bills and lost wages, but it does not cover pain and suffering, mental anguish, or full lost wages. Under the ‘exclusive remedy doctrine’ (C.R.S. § 8-41-102), workers’ comp is generally the sole remedy against your direct employer. But this does not apply to other parties. You may still file a separate personal injury claim against a general contractor, property owner, subcontractor, or equipment maker. Note also that under Colorado’s ‘statutory employer’ rule (C.R.S. § 8-41-401), a general contractor may be held responsible if a subcontractor they hired failed to carry adequate coverage.

If Your Employer Did Not Carry Workers' Comp:

Colorado law prohibits this — but it does happen. If your employer was uninsured, they become personally liable for your claim plus a 25% penalty. You may also have grounds for a direct lawsuit in certain circumstances. An attorney can assess your options. Workers misclassified as independent contractors (paid as 1099) may still be entitled to workers’ comp benefits if the employer controlled their work, tools, or schedule.
A third-party claim is a lawsuit against someone other than your direct employer. The general contractor, subcontractors, property owners, and equipment manufacturers may all share responsibility. Third-party claims allow you to seek damages workers’ comp does not pay — including mental anguish, physical disfigurement, and full lost earning capacity. If you recover from a third party, the workers’ comp insurer may seek reimbursement, but you typically keep any amount above their lien.

WHEN A CONSTRUCTION ACCIDENT CHANGES YOUR LIFE, WE FIGHT BACK.

If a construction injury hurt you, we are ready to listen. Contact us today for a free case review.

Third-Party Claims:

A third-party claim is a lawsuit against someone other than your direct employer. The general contractor, subcontractors, property owners, and equipment manufacturers may all share responsibility. Third-party claims allow you to seek damages workers’ comp does not pay — including mental anguish, physical disfigurement, and full lost earning capacity. If you recover from a third party, the workers’ comp insurer may seek reimbursement, but you typically keep any amount above their lien.

Defective Equipment:

If a defective tool, machine, or safety gear contributed to your injury, you may have a product liability claim against the maker, distributor, or seller. You only need to show the product was defective, you used it reasonably, and the defect caused your injury.

How Long Do I Have to File in Colorado?

In Colorado, you generally have two years from the date of your injury to file a personal injury lawsuit (C.R.S. § 13-80-102). If you miss this deadline, your case will likely be dismissed.

  • Minor Exception: If the injured person is a minor, the statute of limitations is paused under C.R.S. § 13-81-103 until they turn 18, after which the standard limitations period begins to run.
  • Government Entities: If a government-owned or government-operated project is involved, the Colorado Governmental Immunity Act (CGIA) requires written notice within 182 days of the injury — far shorter than the standard two-year period. Missing this notice can bar your claim entirely.
  • Construction Defect Claims: Certain construction defect claims fall under C.R.S. § 13-80-104, requiring filing within two years of discovery, subject to a six-year statute of repose from substantial completion of the project.
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Quick Answer

POTENTIAL LIABLE PARTIES

Identifying multiple defendants can open up multiple sources of recovery:

  • General Contractor — Site safety violations, inadequate supervision, OSHA violations.
  • Subcontractor — Negligent work practices, failure to secure work areas.
  • Property Owner — Dangerous premises conditions, failure to maintain safe site.
  • Equipment Manufacturer — Defective tools, machinery, or safety equipment.
  • Maintenance Provider — Failure to inspect or repair equipment properly.
  • Scaffolding Company — Improper assembly, defective components.
Get a Free Case Review — (720) 807-3985
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Gene Burkett

“I was drawn to the law because it offered an opportunity to help people in their time of need. I’ve always been competitive by nature. Practicing law allows me to compete daily against large insurance companies and opposing counsel. The longevity of our partnership more than 30 years now has led to a trial team that knows how to win.” Read Bio and Credentials
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Scott Frenkel

“I love helping people. I usually see them at their worst when they’ve suffered a catastrophic injury or lost a loved one from a vehicle collision, dangerous premises, defective prescription drugs, or medical errors. They need someone who truly cares to help them. I’m honored to do that work.” Read Bio and Credentials
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Mark D. Frenkel

“The heart of our practice is that juries can help those who have been injured. The right to plead your case before a jury is one of our inalienable rights in this country. When careless and irresponsible companies put profits over people, juries must hold them responsible.” Read Bio and Credentials
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Attorney

Aaron Spahr

Aaron Spahr brings a rare breadth of experience and legal excellence to every case he takes on. With a passion for justice, Aaron has successfully litigated complex cases involving motor vehicle collisions, premises liability, and more. His commitment to serving the injured stems from a desire to provide a voice to those in need, ensuring our clients receive the support and representation they deserve. Read Bio and Credentials
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Attorney

Carlos A. Fernandez

Dallas Personal Injury Attorney Carlos A. Fernandez is driven by a strong sense of duty to family and community. Raised by Cuban immigrants, his determination to make a difference led him to law. Fluent in Spanish, Carlos joined Frenkel & Frenkel in 2015, bringing a wealth of litigation experience. His commitment extends beyond law; he passionately supports organizations like Habitat for Humanity and Autism Speaks. As an Articles Editor for the Southern Methodist University International Law Review, Carlos is known for upholding the highest standards of legal excellence. Read Bio and Credentials
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Attorney

Shawn Thompson

Shawn Thompson is known for his exceptional legal insight and unwavering client commitment. With a formidable background in the legal arena, Shawn works long hours to ensure his clients are treated fairly. At Frenkel & Frenkel, Shawn channels his wealth of experience and unyielding dedication to providing aggressive representation and unwavering support to every client. His client-first, responsive approach reflects the firm’s reputation for excellence in client care. Read Bio and Credentials
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Attorney

Brett Baker

Brett Baker is a highly-skilled attorney at Frenkel & Frenkel who offers top-tier legal expertise and an unwavering commitment to serving his clients with compassionate care. With a passion for justice, Brett tirelessly pursues maximum compensation for the injured. He represents individuals in various legal matters, standing by his clients with dedication and integrity. Brett’s relentless advocacy and commitment to justice set a standard of excellence in the legal community in Dallas. Read Bio and Credentials
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Joshua Cohen

Joshua Cohen brings impressive legal skills to every case he takes on at Frenkel & Frenkel. He is unwavering in his pursuit of full compensation for the people he serves. With focused dedication, he fiercely advocates for justice in negotiating a settlement or in court. In representing the injured, he delivers compassionate support at every phase of the legal journey. Read Bio and Credentials
Jason-Boorstein-new

Attorney

Jason Boorstein

Jason Boorstein is a talented and experienced attorney at Frenkel & Frenkel, known for his unrelenting approach to pursuing justice for clients. With a passion for fighting on behalf of the injured, Jason brings relentless determination to every case. Specializing in personal injury law, he is fearless and focused, ensuring his clients have the vigorous representation they deserve to achieve optimal outcomes. Read Bio and Credentials
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Dave Adest

Dave Adest, an experienced attorney at Frenkel & Frenkel, brings exceptional legal skills and a record of impressive success to the firm. Specializing in personal injury matters, including motor vehicle collisions and premises liability cases, he is relentlessly determined to pursue justice and full compensation. He fiercely advocates for our clients with compassionate, focused representation. Read Bio and Credentials
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Can OSHA Violations Help My Construction Injury Claim?

Yes. Colorado does not have its own state OSHA plan for private sector workers — federal OSHA has jurisdiction through its Denver and Englewood area offices. If federal OSHA standards were violated at the site where you were hurt, that is strong evidence in a personal injury claim. While an OSHA violation does not automatically prove negligence in a civil case, it shows that the responsible party failed to meet recognized safety standards — and that matters to juries.

Why Choose Frenkel & Frenkel?

Decades of Combined Legal Experience

Our attorneys have spent more than Decades of Combined Legal Experience combined fighting for construction workers injured on the job. We have the knowledge and resources to take on even the most complex construction injury cases involving multiple at fault parties, OSHA violations, and catastrophic injuries.

We Know How the Other Side Thinks

Our founding attorneys used to defend insurance companies. Now, they use that inside knowledge to fight for injured construction workers like you. We know the tactics companies use to minimize your claim, and we know how to counter them.

A Track Record That Speaks for Itself

We have recovered over $1 Billion in settlements and verdicts for our clients.* For 16 straight years, our attorneys have been named among the Best Lawyers in colorado.

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$12 MILLION

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$35.5 Million

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Settlement - Serious Motor Vehicle Wreck

CONSTRUCTION ACCIDENT STATISTICS

Colorado recorded 15 construction industry fatalities in 2023 — down from 19 in 2022 and 25 in 2021 — according to the Colorado Department of Labor and Employment (CDLE).

About one in five worker deaths in the United States happens on a construction site — a national pattern that Colorado follows.

Falls account for 36-37% of all construction deaths nationwide.

Common Causes of Construction Accidents

Falls from Heights: The top cause nationwide and in Colorado. OSHA requires fall protection at six feet or higher, yet violations remain common.

Scaffolding Collapses: Often caused by too much weight, poor setup, or lack of inspection. OSHA citations for scaffolding violations are among the most common issued by federal OSHA’s Denver and Englewood area offices.

Electrocution: Common due to overhead lines, live wires, and faulty electrical equipment in wet conditions.

Struck-By Accidents: Falling tools, swinging crane loads, and moving vehicles.

Caught-In and Between: Trench and excavation cave-ins are among the deadliest; OSHA requires protective systems for trenches five feet or deeper.

Heavy Equipment: Malfunctions or operator error involving forklifts, cranes, and excavators.

Types of Construction Injury Cases We Handle

Construction injury claims can involve many accident types, injury levels, and at fault parties. Frenkel & Frenkel handles cases involving:

General Contractor Negligence

When a general contractor controls the work or fails to enforce site-wide safety rules, they may be at fault for injuries to subcontractor workers. Colorado courts look closely at whether the GC controlled the specific work that caused the injury.

Subcontractor at fault

Subcontractors are responsible for the safety of their own workers and for the hazards their work creates on the site. When one subcontractor's negligence creates a danger that hurts workers from another company, a third-party claim against that subcontractor may be available.

Property Owner at fault

Property owners can be at fault for construction site injuries when they kept control over how work was done and knew about a dangerous condition. They may also be at fault for failing to warn about hidden hazards on the property or for hiring an unsafe contractor.

Defective Equipment and Product at fault

If a bad scaffold part, power tool, crane, harness, or other piece of equipment helped cause your injury, the maker may be at fault under product at fault law, no matter what your employer's workers' comp status is.

Fall Protection Failures

When employers or contractors fail to install required guardrails, provide fall arrest systems, or secure raised work areas, injured workers may have claims against the responsible parties for the OSHA safety failures that led to the fall.

Trench and Excavation Collapses

Trench collapses are almost always preventable. When an employer or contractor fails to install required protective systems, the injured worker and their family may have claims against the contractor, the general contractor who oversaw the site, and maybe the property owner.

Crane and Rigging Accidents

Crane tip-overs, dropped loads, and power line hits can injure both crane operators and workers on the ground. at fault parties may include the crane operator's employer, the crane owner, a maintenance company, or the maker of a defective part.

Wrongful Death Claims

When a construction accident takes a worker's life, family members may be able to bring a wrongful death claim under Colorado law. Recoverable damages can include lost financial support, loss of companionship, mental anguish, and funeral and burial costs.

Frequently Asked Questions

Workers' comp is a no-fault system covering partial medical bills and wage replacement, but it does not cover pain and suffering or full lost wages. A third-party claim is a lawsuit against non-employers -- like a general contractor or equipment maker -- that allows for full compensatory damages.

Yes. Unlike Texas, Colorado requires virtually all employers -- even those with just one employee -- to carry workers' comp. If your employer failed to carry it, they face daily fines and personal liability plus a 25% penalty. An uninsured employer does not eliminate your right to compensation.

If OSHA standards were broken at the job site where you were hurt, that can be powerful evidence in your claim. In Colorado, an OSHA violation is not automatic proof of negligence, but it shows that the responsible party failed to meet the basic federal safety rules. OSHA reports, citations, and a company's prior violation history can all help your case. An attorney can request those records and work with safety experts to show how the violation caused your injury.

Yes. Colorado follows a modified comparative negligence rule (C.R.S. § 13-21-111). You can recover as long as you are less than 50% at fault, though your recovery is reduced by your percentage of fault.

Colorado law does not automatically excuse a general contractor just because a subcontractor was performing the work. If the GC retained control over the worksite or knew of a hazard, they may be liable. Under Colorado's statutory employer rule, a GC can also be held responsible if a subcontractor failed to carry adequate workers' comp coverage.

Frenkel & Frenkel offers free consultations and handles construction injury cases on a contingency fee basis. That means you pay nothing up front and owe no attorney fees unless we recover compensation for you. There is no financial risk in calling us to discuss your situation.

This is a warning sign. Employers and insurance companies sometimes push injured workers toward company-picked doctors, quick settlement offers, or early recorded statements, all of which can reduce the value of your claim. Before you sign anything, give a recorded statement, or accept any settlement, speak with an attorney. Once you accept a settlement, you usually cannot go back and ask for more, even if your injuries turn out to be more serious than first known.