Can I Sue My Employer After a Construction Site Injury in Colorado?

 Posted on May 22, 2025 in Workers' Compensation

Construction workers navigate some of the most dangerous working conditions in the country. Because the risk of injury is so high, employers in the industry are responsible for carrying workers’ compensation benefits. In the event of a construction injury, you would typically file a workers’ comp claim and receive the financial assistance you need to cover medical expenses and lost income, bypassing the liability requirement of personal injury cases. 

However, under specific circumstances, you may need to sue your employer or a third party. First, you will need to speak with an experienced Larimer County workers’ compensation attorney to learn more about your rights as they apply to the incident that led to your injury.

Does It Matter if My Employer Is Responsible for My Injury?

According to the workers’ compensation laws outlined by the Colorado Department of Labor and Employment, employees typically cannot sue their employers when they suffer an injury at work. The goal is to streamline the process so employees receive the compensation needed while protecting the employer from liability. There are exceptions under Colorado law that would allow you to file a personal injury claim, but the requirements are particular.

When Is It Possible To Sue an Employer for a Workplace Injury in Colorado?

If you can prove that your employer acted with the intention to cause your injury or recklessly disregarded your safety, you may be able to sue them. For example, you could sue if your employer failed to provide workers’ compensation insurance, and you would possibly be able to recover the cost of medical care, lost income, and even monetary compensation for the pain and suffering you endured. Additionally, if your employer assaulted you or you were assaulted by another employee and can prove that the employer was grossly negligent when hiring that employee, you could likely file a personal injury lawsuit against your employer. 

Could Someone Else Be Liable for a Workplace Injury in Colorado?

When someone other than your employer or a co-worker is responsible for your injury, you may be able to file a lawsuit to demand damages from the liable party. Some potentially liable third parties from construction sites include:

• Subcontractors

• General contractors

• Equipment manufacturers

• Property owners

• Vending machine companies

Defective equipment could be the fault of a manufacturer instead of your employer. If the property owner failed to keep the premises safe while your company worked there, the property owner could be liable. An assessment of the accident details will tell an experienced attorney who is at fault.

Contact a Fort Collins, CO Workers’ Compensation Attorney for a Free Consultation

If you suffered a severe injury on the job, the financial consequences can be severe. In Colorado, you have the right to file for workers’ compensation benefits, even if you are responsible for the accident that caused your injuries. However, when the situation is more complicated, a Larimer County, CO workplace injury lawyer at Hoggatt Law Office, P.C. will assess your case to determine what legal options are available to you and how you may be able to access the compensation you need to get your life back on track. Call 970-225-2190 to schedule your free consultation today. Se habla Español.