Injured Phoenix construction workers often struggle to pay their medical bills and make ends meet after an on-the-job accident. If you were injured in a Phoenix construction accident, trust Triumph Law Group to defend your rights and help you recover fair compensation.
Our Phoenix construction accident lawyers have over a decade of experience and understand the struggles injured construction workers face. We can file a worker’s compensation claim, see if you qualify for a third-party injury claim, and handle all the legal details. You don’t owe any fees unless you recover compensation, so call 602-595-5559 now or complete our contact form for a free consultation.
Why You Need a Phoenix Construction Accident Attorney
Construction accidents are complicated, even compared to other Phoenix personal injury claims. First, there’s the workers’ compensation process, which is full of complex rules and procedures. Your employer might also deny your claim by arguing you’re a contractor instead of an employee, even if your job duties make you eligible for workers’ comp benefits. You can also expect your employer and their insurance company to downplay your injuries to try to reduce your compensation.
Unfortunately, workers’ comp benefits may not cover all your losses from a construction accident. You may have a third-party claim against an equipment manager, property owner, or other party whose actions caused your injuries, but you must prove that their negligence or wrongdoing caused your accident before you can recover compensation. You’ll need compelling evidence and solid legal arguments to support your claim.
That may sound daunting, but you don’t have to handle your case yourself. A Phoenix construction accident attorney can guide you through the workers’ comp process to help you claim your rightful benefits. Your lawyer can also investigate the accident to see if you have grounds for a third-party injury claim, which would let you seek compensation for losses workers’ comp doesn’t cover. Let a Phoenix personal injury lawyer guard your rights while you focus on your recovery.
Common Types and Causes of Phoenix Construction Accidents
Some common types and causes of construction accidents in Phoenix include:
- Falls from heights – Construction workers can sustain severe injuries from falling off scaffolds, buildings, ladders, roofs, and other high places. These accidents often happen due to poor safety practices, a lack of safety equipment, or missing guardrails.
- Equipment accidents – Forklifts, cranes, bulldozers, and other heavy machinery can cause severe injuries if the equipment breaks or malfunctions. Equipment accidents can also happen due to operator errors or a lack of proper training.
- Struck-by accidents – Construction workers may sustain traumatic brain injuries or other injuries if falling objects strike them. These falling objects can include tools, building materials, or debris.
- Electrocution accidents – Construction workers frequently work with high-voltage equipment or near wires, electrical cables, power lines, circuits, and other electrical hazards. Frayed wires or cables, faulty equipment, or contact with power lines can lead to severe burns, nerve damage, and other severe injuries.
- Slips and Trips – Loose cables, slippery or uneven surfaces, spilled liquids, and other hazards at construction sites can cause workers to lose their balance and slip or trip.
- Trench Collapses – Workers in construction trenches can sustain severe injuries if the walls cave in or the trench collapses. These incidents often result from improper wall reinforcement or the use of poor soil to build the trench.
- Overexertion – Construction workers spend their days lifting and carrying heavy objects or materials, often for many hours at a time. Overexertion can cause heat stroke, soft-tissue injuries, back pain, and other severe injuries, particularly when workers spend long hours in the hot Phoenix sun.
- Exposure to Toxic Substances – Breathing in or touching toxic chemicals, asbestos fibers, and other environmental hazards at construction sites can cause severe, potentially fatal injuries and illnesses.
Workers’ Compensation Benefits for Injured Phoenix Construction Workers
Most Phoenix construction workers qualify for workers’ comp benefits. Independent contractors generally do not qualify, but employers sometimes misclassify employees as contractors even though an employee’s duties may qualify them for workers’ comp benefits. Talk to an attorney if you have questions about your eligibility for workers’ compensation.
The good news about workers’ compensation benefits is that you don’t have to prove fault on the part of your employer or another party to receive them. If you qualify for workers’ compensation benefits, those benefits could include:
- Medical benefits – If you have a qualifying injury, your employer’s insurer covers all reasonable, medically necessary treatments for your injuries. These benefits last until you fully recover or reach maximum medical improvement (MMI), meaning additional treatments won’t significantly improve your condition.
- Time loss benefits – If your injuries cause you to miss work, you may qualify for time loss benefits. The type and duration of these benefits depend on the severity of your injuries, whether you can work in some capacity, how long your injuries are expected to last, and other factors. These benefits typically provide two-thirds of your pre-injury average monthly wage, subject to state limits.
- Specific loss benefits – If you lost part or all of a body part in a construction accident, you likely qualify for specific loss benefits. There are strict rules for these benefits, but they can provide financial support after an accident.
Third-Party Injury Claims After a Phoenix Construction Accident
Workers’ compensation benefits are a financial lifeline after a construction accident but don’t cover all your losses. To recover full compensation, you may need to file a third-party injury claim. You typically can’t sue your employer or a coworker for a construction accident, but you can sue other potentially liable parties. For example, if the property owner didn’t address dangerous conditions on the site and those conditions caused the accident, the property owner could be liable for your injuries. You might also have a case if defective equipment contributed to your injuries.
One key thing to note is that you must prove fault to recover compensation in a third-party claim. However, a construction accident lawyer can gather evidence to support your claim and negotiate on your behalf for a fair settlement. Some losses for which you can recover compensation through a third-party injury claim include:
- Current and future medical expenses
- The full amount of your lost income
- Reduced future earning capacity due to your injuries
- Your pain and suffering
- Your emotional distress
- The cost to repair or replace any personal property damaged in the accident
Key Deadlines After a Phoenix Construction Accident
There are a few critical deadlines to remember after a Phoenix construction accident to avoid any issues with your case. First, you should report any injuries to your employer as soon as possible. Arizona law doesn’t specify a deadline for reporting a work-related injury, but reporting the injury right away demonstrates that your injuries are serious.
Second, you must submit a workers’ compensation claim to the Arizona Industrial Commission within one year of your injury. If you don’t, you lose your right to workers’ compensation benefits.
Finally, you must file a third-party injury lawsuit within two years of your injury. If you miss this deadline, you lose your right to recover additional compensation for your injuries.
Contact Our Phoenix Construction Accident Lawyers Now
You have enough to worry about after a construction accident without the headaches of trying to handle a workers’ comp claim or personal injury lawsuit. Let the Phoenix construction accident lawyers at Triumph Law Group protect your rights while you concentrate on healing. Call 602-595-5559 now or complete our contact form for a free consultation.
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