Construction Site Injuries in Wyoming
Whether an injured construction worker in Wyoming can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Wyoming's workers' compensation law makes comp the exclusive remedy against a contributing employer and co-employees acting within the scope of employment, unless a co-employee intentionally acted to cause physical harm. Wyo. Stat. §§ 27-14-104(a), 27-14-105(a)
| Construction site injuries | Wyoming's workers' compensation law makes comp the exclusive remedy against a contributing employer and co-employees acting within the scope of employment, unless a co-employee intentionally acted to cause physical harm. It does not supersede the worker's rights against any other person, and an injured worker may collect comp and also sue a third party (such as another contractor or equipment maker), subject to the state's reimbursement right. Read in the Wyoming Legislature's compiled title PDF on wyoleg.gov. |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault (51% bar). A claimant can recover if their fault is not more than 50% of the total fault of all actors; damages are reduced by the claimant's percentage of fault. The jury is told the consequences of its fault percentages. Source: Wyo. Stat. § 1-1-109(b)–(d) |
| Deadline to sue for an injury | Four years for an injury to the rights of the plaintiff not arising on contract, which covers most negligence-based injury claims. Assault or battery (other than sexual assault), libel, slander, malicious prosecution and false imprisonment have a one-year deadline. Applying the four-year period to negligence injury claims follows from the statute's text; |
More Wyoming personal injury & wrongful death
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- Medical Malpractice Rules in Wyoming
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- Sidewalk and Public Property Falls in Wyoming
- Motorcycle Accident Claims in Wyoming
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FAQ
Can you sue for a construction accident in Wyoming?
Wyoming's workers' compensation law makes comp the exclusive remedy against a contributing employer and co-employees acting within the scope of employment, unless a co-employee intentionally acted to cause physical harm. It does not supersede the worker's rights against any other person, and an injured worker may collect comp and also sue a third party (such as another contractor or equipment maker), subject to the state's reimbursement right.
Can you recover damages if you were partly at fault in Wyoming?
Modified comparative fault (51% bar). A claimant can recover if their fault is not more than 50% of the total fault of all actors; damages are reduced by the claimant's percentage of fault. The jury is told the consequences of its fault percentages.
What is the statute of limitations for personal injury in Wyoming?
Four years for an injury to the rights of the plaintiff not arising on contract, which covers most negligence-based injury claims. Assault or battery (other than sexual assault), libel, slander, malicious prosecution and false imprisonment have a one-year deadline.
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.