Phoenix Construction Accident Lawyer

Phoenix Construction Accident Lawyer

Phoenix, Arizona, is one of the fastest-growing cities in the United States. New construction projects are constantly underway to accommodate the influx of residents and businesses. Unfortunately, this also means construction accidents can occur. This poses a significant risk to workers and bystanders. When accidents occur, victims and their families should seek the help of an experienced Phoenix construction accident lawyer.

From falls and equipment accidents to electrocutions and trench collapses, construction accidents in Phoenix can result in serious injuries or even fatalities. It is vital to understand the common causes of these accidents. Taking proactive measures to prevent them is essential for promoting a safe and productive workplace. This can protect the safety of everyone involved in the construction industry in Phoenix.

However, even the most careful safety measures cannot wholly prevent construction accidents.

Arizona Injury Law Group: Your Phoenix Construction Accident Attorneys

At Arizona Injury Law Group, our team of dedicated legal professionals is committed to protecting the rights of construction accident victims and their families. We understand the severe risks associated with working on a construction site. A construction accident can have devastating consequences for victims and their families.

Our Phoenix workers’ comp attorneys can tirelessly help you navigate a workers’ compensation claim. Having an advocate can give you peace of mind when you are unable to work. With our construction site accident lawyers on your side, you can seek the financial compensation and justice you deserve.

Arizona Construction Accident Laws: What Is Workers’ Compensation in Phoenix?

Workers’ compensation is the exclusive remedy for injured workers whose employers have workers’ compensation insurance. It is governed by the Industrial Commission of Arizona. It offers benefits to Phoenix employees who are injured or face illness because of their job.

In Phoenix, Arizona, as in most other states in the United States, employers are required by law to provide workers’ compensation insurance for their employees. This insurance aims to provide financial support to employees who suffer work-related injuries or illnesses. It also protects employers from costly legal claims related to such injuries.

Under Arizona law, workers’ compensation benefits are available to most employees. This includes part-time and full-time workers. It also covers those who work for private companies, state and local governments, and other organizations.

It can also cover employees who do not live in Arizona but were hired in Arizona. Certain groups are not covered, however, such as independent contractors, domestic workers, and certain employees engaged in the motion picture business.

What Benefits Are Available Through Workers’ Compensation?

If an employee faces injury or illness because of their job, they are entitled to several types of workers’ compensation benefits in Phoenix. These benefits can include:

1. Medical benefits. This includes coverage for all reasonable and necessary medical treatment involved in a work-related injury or illness. They can cover surgeries, doctor visits, hospitalization, medication, travel expenses, and physical therapy.
2. Disability benefits. If an employee cannot work because of a work-related injury or illness, they may be eligible for wage replacement benefits. These benefits are designed to provide a portion of the employee’s lost wages when they cannot work. The amount of wage replacement benefits varies based on the severity of the injury and the employee’s average monthly wage.
3. Permanent disability benefits. If an employee suffers a permanent impairment due to their work-related injury, they may be eligible for permanent disability benefits. These benefits are designed to provide financial compensation for the loss of function or disfigurement caused by the injury.
4. Vocational rehabilitation benefits. If an employee cannot return to their previous job because of their work-related injury, they may be eligible for vocational rehabilitation benefits. These benefits are designed to assist with training, education, and job placement services to help the employee find a new job.
5. Death benefits. When an employee dies from a job-related injury or illness, the surviving family members may be eligible for death benefits. These benefits are designed to provide financial support to the family after a loved one’s death. This includes direct support for funeral and burial costs, among other items related to their passing.

What Is the Workers’ Compensation Process in Phoenix?

The workers’ compensation process in Phoenix, Arizona, is designed to assist employees who suffer work-related injuries or illnesses. It enables them to receive the medical treatment and financial support they need to recover and return to work. The process typically involves several steps, as outlined below:

Report the injury or illness to the employer. The first step in your workers’ compensation case is to report the injury or illness to the employer as soon as possible. In Arizona, employees are required to “forthwith” report work-related injuries or illnesses to their employer.

1. Seek medical attention. Seek medical attention promptly following a work-related injury or illness. This can help ensure that the injury or illness is properly diagnosed and treated. The employer may provide a list of approved healthcare providers to choose from. Most employees may also choose their own healthcare provider.
2. File a workers’ compensation claim. After reporting the condition and receiving medical treatment, the employee must file a workers’ compensation claim with the Industrial Commission of Arizona (ICA). The claim can be filed online, by mail, or in person.
3. Attend a workers’ compensation hearing. After the claim is filed, the ICA schedules a hearing to resolve any dispute with the insurance company. There, they review the claim and determine whether the employee is eligible for workers’ compensation benefits. At the hearing, the employee may present evidence to support their claims, such as medical records or witness testimony.
4. Receive workers’ compensation benefits. If the claim is approved, the employee receives workers’ compensation benefits. These can include medical treatment, wage replacement, permanent impairment, and vocational rehabilitation benefits. The amount and duration of benefits can vary based on the severity of the injury and the employee’s average monthly wage.
5. Return to work. Once the employee has recovered from their injury or illness, they may be able to return to work. In some cases, the employer may be required to provide reasonable accommodations to help the employee return to work. This can include modified job duties or equipment.

Ultimately, the workers’ compensation process in Phoenix is designed to ensure that employees receive the medical care and financial support they need. This allows them to recover from a work-related injury or illness and return to work. By following the steps outlined above, injured employees can access the support they require.

Common Reasons for Construction Accidents in Phoenix, AZ

Construction sites are inherently dangerous places, and accidents can happen even when proper safety precautions are taken. In Phoenix, Arizona, some of the most common reasons for construction accidents include:

• Falls. Falls are one of the most common types of construction accidents. They can occur while working at heights on ladders, scaffolding, or roofs, or when workers are on unstable surfaces. Falls can result in serious injuries, such as broken bones, head injuries, shoulder injuries, and spinal cord injuries.
• Struck-by accidents. Struck-by accidents occur when workers are hit by falling objects, such as tools, equipment, or building materials. These accidents can be particularly dangerous when heavy equipment or machinery is involved. They can result in serious injuries or fatalities.
• Electrocutions. Electrical accidents can occur when workers come into contact with live wires or other sources of electricity. These accidents can result in serious injuries, such as burns, cardiac arrest, or respiratory failure.
• Trench collapses. Trench collapses occur when the walls of a trench or excavation site cave in, trapping workers inside. These accidents can be particularly dangerous, as workers may be buried alive or suffer from oxygen deprivation.
• Equipment accidents. Construction sites often involve the use of heavy equipment, such as cranes, bulldozers, and backhoes. Equipment accidents can occur when workers are not properly trained or when equipment is not properly maintained. They can result in serious injuries or fatalities.
• Fires and explosions. Fires and explosions can occur on construction sites when flammable materials or gases are present. Improperly installed or exposed electrical wiring can also increase the risk of this occurring. These accidents can result in serious injuries or fatalities and can also cause significant property damage.
• Heat-related illnesses. Phoenix is known for its hot temperatures. Workers on construction sites can be particularly susceptible to heat exhaustion or heat stroke. Employers are required to provide workers with water, shade, and rest breaks to prevent heat-related illnesses.

To prevent construction accidents in Phoenix, employers need to implement strict safety protocols. They must also ensure that workers receive proper training and equipment. Workers should also be encouraged to report any unsafe working conditions or concerns about safety to their supervisors. By taking proactive measures to prevent accidents, employers can create a safer and more productive work environment for everyone involved.

Third-Party Personal Injury Claims After a Construction Accident

In 2022, there were 139,890 jobs in Maricopa County’s construction industry. In 2023, 26 workers in the construction industry throughout Arizona passed away, nine of them dying due to falls, slips, and trips, and exposure to harmful substances or environments.

In most situations, injured workers cannot file personal injury claims against their employer unless the employer’s intentional actions led to the injury. However, depending on what happened during your workplace incident, you may be able to file a personal injury case against a third party if they were the cause of the incident.

For example, if you were injured due to the actions of an independent contractor, you may be able to file a personal injury claim against them. It’s important to hire a construction accident lawyer when pursuing a personal injury claim. They’ll be able to listen to the full details of your unique situation and determine if you can pursue legal action.

Your attorney can help you file your personal injury claim at the Central Court Building, located at 201 West Jefferson Street. During your personal injury case, the court can assign everyone involved a percentage of fault. They do this to determine how much compensation to award the victim and who must pay what. Any compensation awarded to you can be reduced by your percentage of fault. For example:

• If you were ignoring safety procedures when operating a malfunctioning machine, you may be assigned 30% at fault for the incident.
• If the machine’s manufacturer knowingly used subpar materials when building the machine, even after hearing reports of users being injured, they may be assigned 70% at fault.
• If you were awarded $100,000, it would be reduced by 30%, making your final compensation $70,000.

Construction Accident Wrongful Death Claims in Phoenix, AZ

A wrongful death claim can be pursued when a person dies from another party’s negligence or intentional misconduct. In Phoenix, Arizona, wrongful death claims are governed by state law. A surviving family member or representative of the deceased person’s estate typically files these claims.

The purpose of a wrongful death claim is to seek compensation for the damages resulting from the death of the individual. This includes medical expenses, funeral costs, lost income, and other damages.

To file a wrongful death claim in Phoenix, certain criteria must be met, including:

1. The death was caused by the negligence or intentional misconduct of another party.
2. The surviving family members have suffered damages because of the death.
3. A personal representative has been appointed to bring the claim on behalf of the estate.

Wrongful death claims can arise from a variety of situations, including construction accidents. If you or a loved one has been affected by a construction-related wrongful death in Phoenix, contact an experienced attorney. They can help you understand your legal rights and explore your options for seeking compensation.

How to Safely Return to Construction Sites Post-Workers’ Compensation

Returning to a construction site after a workers’ compensation claim can be a challenging experience, both physically and mentally. It is important to take certain steps to ensure a safe and successful return to work. Here are some tips for safely returning to construction sites post-workers’ compensation:

• Communicate with your employer. Before returning to work, it is important to have a conversation with your employer. You both can discuss your condition and any work-related restrictions that your healthcare provider may have imposed. This can help ensure that you are assigned tasks that are within your capabilities. If necessary, you can request reasonable accommodations.
• Attend all required medical appointments. It is important to attend all required medical appointments. You must also follow the treatment plan prescribed by your healthcare provider. This can help ensure that you are fully recovered and ready to return to work safely.
• Take it slow. Returning to work after a workers’ compensation claim can be physically and mentally challenging. It is important to take it slow. Gradually increase your workload as you regain strength and stamina according to your doctor’s recommendation.
• Use proper protective equipment. Protective equipment, such as hard hats, safety glasses, and work gloves, can help prevent injuries on the job. Make sure to wear the appropriate protective equipment for the tasks you are performing.
• Follow proper lifting techniques. Lifting heavy objects can put a strain on your body and increase the risk of injury. Make sure to use proper lifting techniques to prevent strains and sprains. This includes bending your knees and keeping your back straight.
• Be aware of your surroundings. Construction sites can be busy and chaotic, with many moving parts and hazards. It is important to be aware of your surroundings at all times. Stay alert to potential dangers.
• Speak up about safety concerns. If you notice any unsafe conditions or hazards on the job, speak up and report them to your supervisor or safety manager. This can help prevent accidents and injuries on the job.

FAQs About Construction Accident Law

How Much Can I Get From a Third-Party Personal Injury Claim?

The amount of compensation you can get from a third-party personal injury claim depends on the severity of your injuries, your financial losses since the incident, and who was at fault. Victims can request compensation for the extent of their lost income, medical bills, damage to personal belongings, pain and suffering, loss of enjoyment of life, and emotional distress.

Can I Get Punitive Damages in My Third-Party Construction Accident Case?

You may be able to get punitive damages in a third-party construction accident case if the wrongdoer acted with extreme negligence or malice. For example, if an independent contractor intentionally assaulted you, leading to your injuries, you can request punitive damages. Courts award punitive damages to punish the responsible party and deter them from committing similar acts again.

Can I Choose My Own Doctor After Being Injured at Work in Phoenix?

In Phoenix and throughout Arizona, you generally cannot choose your own doctor after being injured at work. Your employer’s workers’ compensation insurance company generally chooses the doctor you see. However, you can request a change in providers, and either the insurance company or the Industrial Commission of Arizona can approve it.

What Do I Do if My Workers’ Compensation Claim Is Denied?

If your workers’ compensation claim is denied, you can file a request to appeal the denial with the Industrial Commission of Arizona. After filing your request, the ICA schedules a hearing date. You and your lawyer can then gather relevant evidence and testimonies, and they can represent you during your hearing.

Hire a Construction Accident Lawyer Today

If you have been injured in a construction-related accident or if you are seeking compensation for a wrongful death claim in Phoenix, the experienced attorneys at Arizona Injury Law Group are here to help. We understand the challenges of seeking compensation. We can provide knowledgeable guidance throughout the process. Our team of experienced attorneys is dedicated to helping our clients get the compensation they deserve.

We can advocate to get you the justice and closure you need after a tragedy. Contact us today to schedule a free consultation. We look forward to hearing from you and helping you move forward.