Family of Killed Construction Flagger May Have Wrongful Death Suit
On Wednesday January 9th, an Adams County construction flagger was pronounced dead in hospital, after the flagger had been hit by a Jeep while on the job. Because the flagger was working at the time of the accident, any injuries and medical expenses would have been covered under workers’ compensation laws. Now the deceased victim’s will be eligible to receive some workers’ compensation benefits – but does the family also have grounds for a wrongful death lawsuit against the Jeep driver?
At Denver Trial Lawyers, we handle many complex wrongful death cases where a victim died in similar tragic circumstances. In cases like these, our ultimate goal is to help the victim’s families find some measure of peace and justice during their time of loss. Although workers’ compensation benefits can provide moderate financial relief, it still doesn’t account for the negligence committed by a careless third party.
Who Is Liable for On-the-Job Injuries?
Because most public and private Colorado employers are required to purchase workers’ comp insurance, the majority of on-the-job injuries will be covered under that umbrella. This includes wrongful death, and benefits given to immediate family members may account for the deceased victim’s medical bills and lost earnings.
However, workers’ compensation benefits do not cover a family’s pain and suffering, lifelong impairment costs, or grief. This is where a third-party claim can come into play. Because the Jeep driver was not affiliated with the construction flagger’s employer, he or she can be found at-fault for causing serious injuries, which ultimately took the flagger’s life. Pedestrians are rarely to blame for car accidents, and construction flaggers wear reflective clothing that would have been clearly visible to a driver. Although the full details about this situation have not been released to the media, it seems likely that the family could have grounds for a wrongful death lawsuit against this driver.
If you have questions about your loved one’s accident, contact the Denver Trial Lawyers at (303) 586-3638. We have more than 175 years of total experience handling personal injury and wrongful death claims in the Denver area, and can fight on your behalf.