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Construction Site Injuries in Colorado

Whether an injured construction worker in Colorado can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.

Short answer: Construction injuries: under Colorado's workers' comp law, an employer that has complied with the act, including its insurance requirements, and its insurer are not subject to any other liability for an employee's injury or death, and other remedies are abolished except as the act… C.R.S. §§ 8-41-102, 8-41-104, 8-41-203

Construction site injuriesConstruction injuries: under Colorado's workers' comp law, an employer that has complied with the act, including its insurance requirements, and its insurer are not subject to any other liability for an employee's injury or death, and other remedies are abolished except as the act provides. An injured worker may take workers' comp and also sue a negligent third party not in the same employ (such as another contractor or an equipment maker) for damages beyond the comp benefits, subject to the insurer's subrogation rights.
Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. No scaffold-law statute was searched for or reviewed.
Source: C.R.S. §§ 8-41-102, 8-41-104, 8-41-203
Fault rule (comparative negligence)Modified comparative negligence (50% bar). An injured person can recover if his or her negligence was not as great as the negligence of the person being sued; damages are reduced by the injured person's percentage of fault. If the injured person's share is equal to or greater than the defendant's, the court enters judgment for the defendant. Each defendant generally pays only its own percentage of fault.
Source: Colo. Rev. Stat. §§ 13-21-111, 13-21-111.5
Deadline to sue for an injuryMost tort lawsuits, including negligence claims for personal injury, must be filed within two years after the claim accrues. Injury and property-damage claims arising from the use or operation of a motor vehicle have three years. Assault, battery, false imprisonment, libel and slander have one year.
Source: Colo. Rev. Stat. §§ 13-80-102(1)(a), 13-80-101(1)(n), 13-80-103(1)(a)

More Colorado personal injury & wrongful death

FAQ

Can you sue for a construction accident in Colorado?
Construction injuries: under Colorado's workers' comp law, an employer that has complied with the act, including its insurance requirements, and its insurer are not subject to any other liability for an employee's injury or death, and other remedies are abolished except as the act provides. An injured worker may take workers' comp and also sue a negligent third party not in the same employ (such as another contractor or an equipment maker) for damages beyond the comp benefits, subject to the insurer's subrogation rights.
Can you recover damages if you were partly at fault in Colorado?
Modified comparative negligence (50% bar). An injured person can recover if his or her negligence was not as great as the negligence of the person being sued; damages are reduced by the injured person's percentage of fault. If the injured person's share is equal to or greater than the defendant's, the court enters judgment for the defendant. Each defendant generally pays only its own percentage of fault.
What is the statute of limitations for personal injury in Colorado?
Most tort lawsuits, including negligence claims for personal injury, must be filed within two years after the claim accrues. Injury and property-damage claims arising from the use or operation of a motor vehicle have three years. Assault, battery, false imprisonment, libel and slander have one year.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.