Occupational Accidents, e.g., in Construction Sites or Oil Fields: Hazard Zones
Construction sites can be dangerous places. There were 5,486 fatal work injuries in the United States in 2022, up 5.7 percent from 5,190 in 2021, the U.S. Bureau of Labor Statistics reported.
Private industry employers reported 2.8 million nonfatal workplace injuries and illnesses in 2022, an increase of 7.5 percent from 2021, the U.S. Bureau of Labor Statistics reported.
Census of Fatal Occupational Injuries Summary, 2022 – 2022 A01 Results (bls.gov)
In Colorado, a total of 89 fatal work injuries were recorded in 2022, reports the Colorado Department of Labor and Employment.
The number of occupational deaths in Wyoming reportedly increased from 27 in 2021 to 34 in 2022 (an increase of seven deaths, or 25.9%), reports the Wyoming Department of Workplace Services. Wyoming Occupational Fatalities Decrease to 27 in 2021 – Wyoming Department of Workforce Services
Private industry employers reported 54,800 nonfatal workplace injuries and illnesses in Colorado in 2022, according to the U.S. Bureau of Labor Statistics.
Employer-Reported Workplace Injuries and Illnesses in Colorado – 2022 : Mountain-Plains Information Office : U.S. Bureau of Labor Statistics (bls.gov)
Wyoming’s population is 10% of Colorado’s population. So, Wyoming should have about 10% of the workplace injuries that Colorado has, about 5,000 each year, but no! Suffering more than 10,000 workplace injuries each year, workers in Wyoming suffer injuries at a rate that is more than 100% greater (double) that of Colorado.
Source: Wyoming Occupational Safety & Health Administration
Given the high likelihood that someone in your community, or family, will suffer an injury on the job or driving to work, there is a need in the Spanish-speaking community for a bilingual attorney who can help when there is an accidental injury or death.
If you were injured in a construction site accident, talk to a Colorado and Wyoming construction accident lawyer about getting the financial and medical assistance you need so you can recover and get back to work.
Workers’ Compensation Has Its Limits; We Exceed Them
Workers’ compensation does not cover all construction site accidents. For example, a third party, such as a subcontractor, may be liable for your injuries. injuries. Let us explain the legal options available to you. Attorney Jaime E. Gigax, Attorney at Law, has been providing legal assistance to accident victims for over 20 years.
Attorney Gigax provides legal assistance to workers recovering from slip and fall accidents, exposure to chemicals such as asbestos, injuries caused by electricity, and injuries caused by lifting heavy objects or being struck by falling objects.
Many construction workers speak Spanish. So do we. Attorney Gigax studied at the University of Madrid, Spain. Contact us to request a free consultation over the phone. Let us help you maximize the compensation you receive, so you can get back to work as soon as possible.
Free consultation. Spanish spoken.
Oilfield Accidents
Colorado and Wyoming Oilfield Accident Attorneys
Colorado is the fourth largest oil-producing state in the union; Wyoming ranks seventh. Oil Production by State 2023 (worldpopulationreview.com). Garfield, La Plata, Las Animas, Ventura, Mesa and Adams counties are home to most of that oil production in Colorado. Production and Sales by County Monthly (state.co.us) In Wyoming, in 2022, five counties accounted for more than 80% of all oil produced in Wyoming. Those counties are, as a percentage of the statewide total, Converse County (39.4 %), Campbell County (21.7 %), Laramie County (9.1 %), Park County (5.3 %), and Natrona County (5 %). Wyoming State Geological Survey
Oilfields are dangerous places. Accidents involving faulty machinery, toxic gas, rigging or explosions can cause serious injury or result in death.
If you or a family member has been injured in an oilfield or refinery accident, the employer may try to convince you that the workers’ compensation system is the only source of compensation. But this may not be the case. If the accident was caused by the negligence of an operator, a subcontractor, or a third party, you may be entitled to additional compensation for your losses and pain and suffering.
Oil Well Accident on video:
Oilfield accident lawyer Mr. Gigax provides attentive, results-based legal help for oilfield and construction site accidents. We are knowledgeable about the rights of oilfield workers. He knows how difficult oilfield work can be and, unfortunately, how dangerous it can be if safety rules are ignored.
Working in the oil industry is dangerous
Simply driving to or from the job site, or accidents involving faulty machinery, toxic gas, rigging or explosions can cause serious injury or result in death.
When an accident resulting in injury or death occurs while working on an oil well or drilling rig, the results are often tragic. For example, as noted below, falls from a rig or rig collapse, if not fatal, can result in serious injury or traumatic brain injury. In addition, equipment failure due to defective products can result in loss of limbs, wounds, or disfiguring injuries, to name just a few. Our attorneys are experienced in handling all types of oil well/drilling rig accidents and it is extremely important that you consult with us as soon as possible after the accident.
The leading cause of oil and gas worker fatalities? Motor vehicle accidents, on the way to and from work.
Vehicle-related incidents contributed to more than a quarter of worker fatalities in the oil and gas extraction industry during a recent six-year period, according to a recently released report.
Other Causes
In total, between 2014-19, 470 oil and gas extraction workers died, with contractors accounting for approximately three-quarters of the total. The most frequent cause was vehicle-related incidents (26.8%), followed by contact injuries (21.7%) and explosions (14.5%). About 20% of the fatalities involved lone workers.
Researchers from the Centers for Disease Control and Prevention analyzed 2014-19 data from the Oil and Gas Extraction Fatalities database, created by NIOSH (National Institute for Occupational Safety and Health) in 2013 in an effort to mitigate the industry’s “unique safety and health hazards and historically high fatality rates.” The agency noted that oil and gas extraction workers “frequently travel between well sites and travel on rural roads, which often lack firm shoulders and sound strips. They also drive long distances from their homes, housing sites or equipment yards, and may not wear seat belts. In addition, OGE workers often work long and irregular hours, which can lead to fatigue.”
Although the oil industry is inherently dangerous, safety precautions are highly effective when basic safety rules are closely observed and followed. When oil well processing and transportation facilities choose to circumvent or even violate state and federal safety regulations, as well as their own safety rules, workers can seek compensation when injuries occur.
There may be more compensation available than work comp.
If you or a spouse, sibling or other relative has suffered an injury due to an accident related to, or while driving to or from, an oilfield or other oilfield facility, one may believe that the workers’ compensation system is the only source of compensation. But that may not be the case. If the accident happened because of the negligence of an operator, a subcontractor, or a third party, you may be entitled to additional compensation for your losses and pain and suffering.
For example, in a case that Mr. Gigax successfully brought, Sampson v. Welding Industries, a lawsuit was successfully brought against a subcontractor, a crane operator. For example, in a case that Mr. Gigax successfully brought, Sampson v. Welding Industries, a lawsuit was successfully brought against a subcontractor, a crane operator.
The oil industry is very active in Colorado and Wyoming.
Colorado is the fourth largest oil-producing state in the union; Wyoming ranks seventh. Oil Production by State 2023 (worldpopulationreview.com). Garfield, La Plata, Las Animas, Ventura, Mesa and Adams counties are home to most of that oil production in Colorado. Production and Sales by County Monthly (state.co.us) In Wyoming, in 2022, five counties accounted for more than 80% of all oil produced in Wyoming. Those counties are, as a percentage of the statewide total, Converse County (39.4 %), Campbell County (21.7 %), Laramie County (9.1 %), Park County (5.3 %), and Natrona County (5 %). Wyoming State Geological Survey
Know Your Rights As An Injured Worker
Your Rights in Colorado
Notice: The following is offered as general information and not as legal advice. You should consult a qualified attorney regarding your particular case.
rights as an injured worker. If you have questions, contact your insurance adjuster or the Division of Workers’ Compensation (Division) at. 303-318-8700.
You have the right to hire an attorney to assist you. You should confirm with your attorney what fees they may charge for their services.
– Reporting Your Injury
After reporting your injury in writing to your employer, your employer will report the injury to the insurance company. You should also report your injury directly to the Division by filing a Workers’ Compensation Claim (WC 15), which is available at cdle.colorado.gov/dwc.
There are deadlines for filing this document. Consult an attorney to find out when it is due.
– Medical Treatment
Your employer must provide you with a list of at least 4 doctors who can treat you. This is known as the designated provider list. The doctor you choose from the list of designated providers will be your doctor for your claim. You have the right to make a one-time change to any doctor on that list within 90 days of your injury. You may also complete a Physician Change Request (WC 197) to change to another doctor at any time. The insurance company may deny your request to change your doctor. If the insurance company denies your request, you may file a Request for Hearing with the OAC. Your doctor can also refer you to other doctors or specialists.
– Admissions and Denials
The insurance company will admit or deny your claim. If your claim is admitted or accepted, the insurance company will send you an Admission of Liability and pay for reasonable and necessary medical treatment. You may also be eligible for wage loss and permanent disability benefits. If your claim is denied, the insurance company will send you a Notice of Denial. You may contest the denial of your claim by filing a Request for Hearing with the OAC. The insurance company may continue to pay for treatment while they investigate your claim, but that does not mean they are admitting liability for your claim.
– Benefit Payments and Reimbursements
An Admission of Liability is a form that explains what benefits the insurance company will pay. The form will include an average weekly wage (AWW) that represents your typical weekly wage before your injury. Make sure the AWW amount is correct. Notify your adjuster or employer if there are any errors in your AWW.
If you are unable to work in any capacity and miss more than 3 days of work due to your injury, you may be eligible for Temporary Total Disability (TTD) benefits. TTD is equal to two-thirds of your AWW. You may be entitled to Temporary Partial Disability (TPD) if you work fewer hours or earn less money. Tell your adjuster if you have more than one job at the time of your injury.
If your injury resulted in a permanent scar, limp or other publicly visible change in your appearance, you may be entitled to a disfigurement payment.
You may request reimbursement for mileage and parking related to medical visits and to pick up medications or supplies related to the injury. You must request such reimbursement within 120 days after the trip. The insurance company must pay within 30 days or provide written notice stating why reimbursement was denied.
– Medical Bills
When the insurance company admits liability for your claim, you are entitled to any reasonable and necessary medical treatment related to your injury. Your doctor cannot bill you for authorized medical treatment. If you receive a bill for any authorized medical treatment including prescriptions, notify your adjuster immediately.
You have the right to copies of all your medical records. You may also choose not to receive these records. You also have the right to decide who may accompany you to appointments and whether you want a Nurse Case Manager present at your appointments.
The insurance company may object to or deny treatment. If this happens, you may file a Request for Hearing with the OAC to resolve the dispute. You may be able to seek additional treatment or opinions outside of the workers’ compensation system; but you would then have to pay for these additional treatments and opinions.
– Conclusion of Your Claim
When there is no longer medical treatment that will improve your condition, your doctor will place you on Maximum Medical Management (MMI). The doctor may recommend additional maintenance treatment to keep you in your current improving condition. If the doctor believes that the injury has resulted in a long-term (permanent) disability, the doctor may provide a disability rating or refer you to another doctor who will do so. A disability is a loss of function of any body part or system. When this happens the insurance company must either accept the doctor’s opinion and file a Final Admission of Liability or dispute the recommendation by requesting a Disability Independent Medical Examination (DIME).
The Final Liability Admission will itemize all benefits that have already been paid and remain to be paid on your claim. If the doctor determines that you have sustained a permanent disability, you may receive a Permanent Partial Disability (PPD) benefit. The amount you receive will depend on the severity of the disability and the part of your body that was injured. The Final Liability Admission will also indicate whether the insurance company will provide medical maintenance to maintain MMI. If you are unable to work, you may be awarded Permanent Total Disability (PTD) benefits.
If you disagree with any part of the Final Admission, you must object AND complete a Notice, Proposal and Request for Division Independent Medical Examination or file a Request for Hearing with the OAC within 30 days of the date it was mailed. If you disagree with the doctor’s determination regarding MMI or the degree of permanent disability received, you must apply for a DIME. If you apply for DIME you must pay the doctor. In some cases you may qualify to have payment stopped until the claim is settled.
You have the right to contest any part of your workers’ compensation claim by filing a Request for Hearing with the Office of Administrative Courts (OAC). At the hearing, you have the right to present evidence, witnesses, and testify. You may also request penalties for any violation of the workers’ compensation statute or rules, including late payment of benefits or improper refusal to pay benefits.
Both you and the insurance company have the right to request a pre-hearing conference with a judge. A judge at a pre-hearing conference can only address procedural matters and cannot award any benefits.
Your Rights in Wyoming
If you were injured while working in Wyoming, call attorney Gigax for a free consultation. Call 307.632.4200 today!
The Workers’ Compensation system in Wyoming is similar in many respects to the system in Colorado. However, in general terms, the Wyoming Division of Workers’ Compensation plays the role that private insurance companies play in Colorado.
https://dws.wyo.gov/dws-division/workers-compensation/injuries/