Interactions with industrial sites are more common than we realize. Even those of us who do not work in construction or manufacturing encounter industrial hazards on a daily basis. Anytime someone walks by a construction site, visits a relative in the hospital, or shops in a home improvement store, becoming injured is always a possibility.
While these incidents are thankfully rare, it is far more common for the people employed in these locations to be injured when they are on the job. Determining whether a person is a worker or a visitor to the site of the accident is an important first step in pursuing compensation for injuries.
Denver industrial injuries lawyers help people who are injured in industrial accidents, whether they are employees or visitors so that they can be properly compensated for their injuries. If an individual has been injured while visiting an industrial site, they should speak with a qualified workers’ compensation attorney that can help.
Filing For Workers’ Compensation Benefits
Injured employees always have the option to file for workers’ compensation benefits. Workers’ compensation is a program created in the early 20th century designed to provide benefits to employees injured while performing their jobs. It covers all types of jobs, not just those in industrial settings. Any worker in Colorado who is injured while on the clock qualifies for these benefits.
For a worker to collect workers’ compensation benefits, they must miss at least three days of work. Once this threshold is passed, they will then be paid bi-weekly at a rate of two-thirds of their average weekly wage until they can return to their job. If a worker is so badly injured that they can never work again, these payments continue for the rest of their life.
In situations where a worker suffers a permanent injury that results in the loss of a body part, they are issued partial permanent disability benefits. These benefits are paid out as a set number of weeks corresponding to the lost body part. Colorado Statute 8-42-107 (2) provides this list. These payments are issued in cases where a worker has reached a level of maximum medical improvement, but they will never be as healthy as they were before the injury.
Potential Issues When Filing
Of course, in some situations, there is a dispute between the worker and the insurance company. Some cases are denied because the insurance company does not believe the injury happened while at work.
In other claims, the offered benefit package is insufficient to cover the severity of the workers’ injuries. Whatever the case, the worker always has the right to appeal the decision.
A Denver industrial injuries lawyer can file and argue appeals of workers’ compensation decisions for individuals who were hurt at work. However, there is a limited time to file an appeal, so any person wishing to contest a decision should contact an attorney immediately.
Actions People Can Take if They Were Injured While Visiting a Site
Non-workers are also potential victims of industrial accidents. Simply by walking down the street near an industrial site or shopping in a store people can be exposed to industrial hazards. When the injured person is not an employee, they may pursue the landowner for their damages utilizing a claim of negligence.
A negligence claim requires that the plaintiff prove the landowner owed them a duty of care and that a breach of this duty of care caused the injuries. Injuries that occur while in a store make this analysis rather simple, while harms suffered while visiting a construction site may be more difficult cases in which to prove negligence.
All cases are unique, and Denver industrial injuries attorneys examine them with patience and a critical eye to determine if a negligence suit is an appropriate path to recovery.
Consulting a Denver Industrial Injuries Attorney
All workers who are injured may have the right to collect workers’ compensation benefits, even if the accident was their fault. Denver industrial injuries lawyers can help you defend your rights if your insurance company tries to deny your claim.
If an offered benefit package is insufficient to meet the needs of your injury, or your benefits are denied in total, it is important to contact a Denver industrial injuries attorney.
You might have been injured while visiting an industrial site. You cannot collect workers’ compensation but you may be able to sue the property owners for negligence. Denver industrial injury lawyers are here to help you by evaluating your claim and pursuing the appropriate lawsuit.