Denver Work Injury Lawyer

A Denver workplace injury is not always only a workers’ compensation matter; when someone other than your employer caused it, you may have the right to pursue damages through a personal injury claim. A Denver work injury lawyer at Born & McCaffrey Injury Law can evaluate whether a third party may be legally responsible for your injuries. We represent people whose workplace injuries stem from the negligence of someone other than their employer.

When you hire our firm, you work directly with our attorneys from the beginning of your case. We understand how Denver work sites operate, from downtown high-rise construction to warehouse and logistics facilities. We take time to learn what happened, explain your legal options in plain language, and develop a strategy tailored to your circumstances.

Call (303) 800-6996 for a free case review to determine whether you may have a third-party claim.

What Is a Third-Party Work Injury Claim in Colorado?

A third-party work injury claim in Colorado is a personal injury lawsuit or insurance claim brought against a party other than your employer whose negligence caused your injuries. These claims allow injured workers to pursue damages that may not be available through workers’ compensation alone. Third-party injury claims may involve these parties:

• General contractors overseeing a construction project
• Subcontractors working alongside your employer
• Property owners responsible for maintaining safe premises
• Equipment manufacturers that produced defective machinery
• Maintenance companies responsible for servicing equipment
• Drivers who cause motor vehicle collisions while you are working

Every workplace accident calls for a careful legal review because liability is not always immediately obvious. Many construction projects, commercial properties, warehouses, and industrial facilities in Denver involve multiple companies working together, which is what makes responsibility hard to see at first.

However, we have the resources to identify and collect every potentially responsible third party. That investigation may involve reviewing contracts, safety reports, maintenance records, surveillance footage, inspection reports, witness statements, and applicable industry standards before determining who may be legally accountable.

Common Causes of Third-Party Workplace Injuries in Denver

Denver’s construction boom, warehousing growth, and busy freight corridors create no shortage of situations where someone other than your employer bears responsibility for a workplace injury. Below are some of the most common scenarios we see:

Negligent General Contractors and Subcontractors

On multi-employer construction sites, which are common across Denver’s ongoing development, a general contractor or a different subcontractor’s crew may create a hazard that injures a worker employed by someone else entirely.

When that happens, the injured worker is often not barred from suing the negligent contractor, since that contractor is not the worker’s own employer. Whether a specific general contractor also qualifies as a “statutory employer” under Colorado law can affect this analysis, so this is a detail our attorneys review closely in every case.

Defective or Poorly Maintained Machinery

Equipment failures, from malfunctioning forklifts to poorly maintained cranes, cause serious injuries across warehouses, distribution centers, and construction sites throughout the Denver metro area. When a piece of equipment fails because of a manufacturing defect or a maintenance company’s negligence, the manufacturer or maintenance provider, not your employer, may bear responsibility. We can review the applicable OSHA construction safety standards, which are often relevant evidence in these cases.

Unsafe Premises Conditions

When you are injured at a location your employer does not own or control, such as a client’s warehouse, a job site owned by a separate developer, or a retail location where your crew was working, the property owner may be responsible for hazards on that property.

Premises liability claims against property owners are treated separately from your workers’ compensation claim against your own employer.

Negligent Drivers and Third-Party Vehicles

Delivery drivers, other contractors’ vehicles, and third-party trucking companies frequently operate on or near Denver work sites. Also, many Denver employees spend time driving between job sites, making deliveries, or performing service calls. When a work injury involves a vehicle owned or operated by someone outside your employment relationship, you can seek personal injury benefits against the negligent driver or company.

Reach out to our Denver work injury lawyer, who will investigate the sequence of events to help you understand exactly how the injury occurred.

Who Can Be Legally Accountable for a Workplace Injury?

Depending on how the accident happened, a negligent contractor, a property owner, an equipment manufacturer, or a commercial driver may be legally responsible for a workplace injury. Identifying every liable party is one of the most important parts of building a strong personal injury claim.

Potentially responsible parties include:

• Negligent contractors: Construction sites frequently involve multiple contractors performing different jobs at the same time. If another contractor creates an unsafe condition that causes your injury, that contractor may be financially responsible.
• Property owners: Businesses and property owners have legal responsibilities to address hazardous conditions that could injure lawful visitors. Broken stairs, unsafe walkways, inadequate lighting, falling objects, or unmarked hazards may create liability when someone is injured while working on the property.
• Equipment manufacturers: Some workplace injuries occur because machinery or equipment fails unexpectedly. When a defect in design, manufacturing, or warnings contributes to an accident, the manufacturer or another company in the distribution chain may bear responsibility.
• Commercial drivers: Many Denver employees spend time driving between job sites, making deliveries, or performing service calls. If another driver’s negligence causes a crash while you are working, you may have a personal injury claim against them or their employer.

Determining liability requires more than identifying who was present when the accident happened. Our attorneys investigate the sequence of events and examine available evidence to evaluate whose negligence caused your workplace injuries.

Unsure who is responsible for your workplace injury? Call Born & McCaffrey Injury Law at (303) 800-6996 for a free review of your third-party claim.

Is a Work Injury Claim Different From Workers’ Compensation?

A third-party personal injury claim in Denver serves a different purpose from that of a workers’ compensation claim. Understanding that difference can help you determine which legal options may be available after a workplace injury.

Workers’ comp is an insurance system that offers some key benefits to workers who get injured while working, regardless of who caused the accident. A third-party claim, on the other hand, is a personal injury claim against a party other than your employer whose negligence contributed to your injuries.

For example, imagine you are working on a commercial construction project in Denver when a subcontractor improperly secures building materials that later fall and strike you. You may receive workers’ compensation benefits through your employer, while also having the right to pursue a personal injury claim against the negligent subcontractor.

Similarly, if you are driving between job sites and another driver runs a red light and causes a collision, your injuries may arise during work, but the negligent driver could also be held financially responsible through a third-party claim.

We focus on personal injury claims involving negligent third parties only, allowing us to concentrate on identifying additional avenues of recovery when another person or company caused your injuries. Our attorneys review the facts carefully before taking a step to pursue damages.

What Compensation May Be Available Through a Third-Party Claim?

When another party’s negligence caused your workplace injury, Colorado law allows you to pursue compensation for the losses you have suffered. The amount available depends on the circumstances of your case, the severity of your injuries, and the evidence supporting your claim. Depending on the facts, you may pursue compensation for:

• Medical expenses related to your injury
• Future medical treatment that is reasonably anticipated
• Lost income resulting from time away from work
• Diminished earning potential due to the inability to work in the future
• Physical pain and suffering
• Emotional distress associated with the injury
• Permanent disability or disfigurement
• Property damage when applicable

We believe each work injury claim is unique. Therefore, we take time to understand how your injuries have affected your health, career, finances, and daily life before pursuing compensation from the responsible party. Our attorneys work with medical providers, financial professionals, and other qualified consultants to develop a thorough understanding of the impact your injuries may have today and in the future.

Why Do People Across Denver Turn to Born & McCaffrey Injury Law?

Choosing the right attorney after a serious workplace injury means finding someone who will firmly advocate for your interests from beginning to end. At Born & McCaffrey Injury Law, we give every client unique attention when handling their case. When you work with us, you can expect:

• Direct communication with the attorney handling your case, rather than being passed from one staff member to another.
• Unique legal strategies based on the specific facts of your accident.
• Thorough investigations aimed at identifying every potentially responsible third party.
• Trial lawyers who prepare every case with litigation in mind when necessary.
• Michael Born (Colorado Bar #38464) and Peter McCaffrey (Colorado Bar #46740) are both licensed to practice law in Colorado.
• Spanish-language representation through Peter McCaffrey, who speaks fluent Spanish and hosts a weekly Spanish-language radio program.

A workplace injury can leave you with questions about your future and your legal options. We take the time to explain the process in straightforward language, answer your questions honestly, and keep you informed throughout your case.

We have decades of experience in personal injury law. Our familiarity with Colorado courts, insurance negotiations, and personal injury litigation enables us to build cases grounded in evidence rather than assumptions. If you believe someone other than your employer caused your injuries, schedule a free work injury case review to discuss your situation.

How Our Denver Work Injury Lawyers Build Your Case

Building a successful third-party workplace injury claim begins with identifying everyone who may share responsibility for your injuries. At Born & McCaffrey Injury Law, we look beyond the initial accident report to determine whether a contractor, property owner, equipment manufacturer, maintenance company, or another third party may have contributed to what happened.

Our investigation is tailored to the facts of your case. Depending on the circumstances, we may review contractor agreements, equipment maintenance records, safety inspection reports, surveillance, and other documentation. These can help establish how the accident occurred and who controlled the conditions that led to your injury.

On construction sites and other workplaces where multiple companies operate together, determining liability requires a careful review of each party’s responsibilities.

We also work to preserve evidence before it becomes unavailable. Construction sites change, damaged equipment may be repaired or replaced, and important records can become more difficult to obtain over time. A Denver construction accident lawyer can begin the investigation promptly, giving us the opportunity to build your claim on the strongest available evidence.

Once we have developed a clear understanding of the facts, we prepare your claim and handle negotiations with insurance companies and opposing parties on your behalf. If the insurer refuses to resolve your claim fairly, we are prepared to present your case in court. We prepare your case with litigation in mind while pursuing the outcome that best serves your interests.

Contact a Denver Work Injury Lawyer Today

Figuring out whether your work injury involves a third party is not always straightforward, and identifying every responsible party takes a careful legal analysis of the workplace incident. A conversation with a Denver workplace injury attorney at Born & McCaffrey Injury Law costs nothing and can clarify who should pay your damages, and you will deal directly with our lawyer. Call us at (303) 800-6996 for a free case review.

FAQs: Denver Work Injury Claims

Do you still have more questions? Here are a few questions we hear often from Denver workers considering a third-party claim.

Can I bring a third-party claim if I work for a subcontractor?

Yes, depending on the circumstances. Working for a subcontractor does not prevent a Denver personal injury claim when a third party’s negligence played a role in your injury. We work to show the four elements of that claim: a legal duty to act carefully, a breach of that duty, causation, and actual, compensable harm.

How long do I have to file a third-party work injury claim in Colorado?

The standard statute of limitations for Colorado third-party personal injury actions is two years from the date of the work-related incident. When the third party’s negligence involved a motor vehicle, that deadline is generally three years, and other exceptions may apply. An attorney can confirm the exact filing window that applies to your situation.

Can I file a lawsuit if I am already receiving workers’ compensation benefits?

A third-party claim can proceed alongside your workers’ compensation benefits, since it is filed against a different party than your employer. Any workers’ comp benefits you have already received are typically accounted for separately rather than blocking your third-party claim.

What if I am not sure whether a third party was involved in my injury?

Uncertainty about what to do after a work injury in Denver is common, and it is exactly what our initial case review is designed to sort out. A Denver workplace injury attorney will look at the accident circumstances, the parties present at the site, and who controlled the conditions that led to your injury.

Will I have to go to court?

Many third-party work injury claims resolve through negotiation, but our team is always trial-ready when a court is what a fair outcome requires. At Born & McCaffrey, we prepare every injury case as though it may go to trial. Our attorneys prepare every case with trial in mind and do not hesitate to take a case to a jury when that serves your best interests.