Arizona Construction Accident Attorneys Discuss Construction Workers' Personal Injury Claims
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Phoenix, Arizona Construction Accident Attorney
As experienced construction attorneys in Arizona, we know too well that many construction workers are hurt on the job by another's negligence. Recently, the federal government wrote a report that indicated that construction work is one of the most dangerous occupations in the United States. In 2006 alone, 1,239 construction workers sustained fatal injuries in construction related accidents. Consider the ramification of negligence on the construction site for a moment when considering this study. For over 1,000 people to be killed because they went to work at a construction site, it goes without saying that many times that number – thousands more - suffered severe injuries as a result of construction site negligence. Some are willing to write this off as a risk of the job. As experienced personal injury lawyers who have helped people from all around the country – and even all around the world – after they have suffered serious injuries in Arizona, we think something must be done to prevent or drastically reduce the dangers of working at a construction site. We can recognize there are some risks inherent with the job, but our experience tells us that too many construction workers are not paying enough attention to job site safety. This failure to care usually does not endanger them or the people they are working with, but other subcontractors who later come to the scene unaware of the dangerous condition created by the negligent subcontractor who has already left the scene.
When someone has been hurt in a construction accident, it can be devastating to the family. Some construction accidents are not serious, but more often than not a construction accident results in a very serious injury or a wrongful death to the construction worker. Most times after an Arizona construction accident, the family is at home grieving for a loss that may have been a preventable accident. The children, spouse and parents are experiencing emotional turmoil themselves for the injury or loss of a loved one. Many times the construction worker provides the financial security for the entire family.
When a family is experiencing emotional pain from the loss of a loved one after a construction accident, they are not thinking about bringing a personal injury claim. If a construction worker is seriously injured, most likely that individual is not thinking about pursuing a personal injury claim. Most individuals who are thinking that the injury or wrongful death should never have occurred and was preventable do not even realize that there is a valid personal injury claim. Many people think that they are only entitled to workers compensation. In fact, workers compensation laws are entirely different than personal injury claims in Arizona. The differences between Arizona personal injury and Arizona workers compensation for a construction worker and other injured victims usually require a detailed analysis by an experienced personal injury lawyer.
For instance, it is not known by many construction workers that a construction worker can collect workers compensation and also pursue a personal injury claim against a negligent subcontractor or builder in many cases. In most situations, construction accidents only merit a workers’ compensation claim, but other times the construction worker or the family have a valid personal injury claim as well. Since the laws for workers compensation and personal injury in Arizona are very different, it is important that people consult with a top construction accident injury lawyer in Phoenix Arizona. A key difference between workman’s comp and injury law is the fact that injury claims cannot be brought against a worker’s own employer; however, an injured, on-the-job worker can still bring a lawsuit against someone else who worked for another company at the same location. To over-simplify the analysis, a pizza delivery worker who causes an accident can make a workers’ compensation claim in Arizona. The same pizza delivery driver that was hurt due to the negligence of another driver (as long as that other driver was not working for the same pizza place at the time) can make both a workers’ compensation claim and a personal injury claim against the other driver. This is important, because Arizona personal injury claims allow for many more elements of compensation – and far more complete compensation – than workers’ compensation claims allow.
We certainly do not believe that every serious injury or death merits filing a lawsuit or an insurance claim in Arizona. It is our goal to provide as much information as possible to the injured construction worker or family of the lost loved one so that the potential parties to the lawsuit have the information they need to make an informed decision. One more thing that construction workers and their families should be aware of is that we suggest all construction injuries be filed within one year from the date of the incident. That is because most construction workers have workers’ compensation claims, and after one year the right to bring a personal injury lawsuit can be lost if certain criteria are not met. If the one year anniversary of the injury has passed, the worker can still make a valid personal injury claim in most, but not all, cases. In those cases, the best Arizona construction accident lawyers immediately attempt to get the necessary reassignment from the workers’ compensation carrier. Once the reassignment has been received, the worker can file a lawsuit within two years. Alexis and Mark Breyer are experienced construction injury attorneys and we are willing to help you through the process and willing to answer any questions you may have. We have an open door policy and offer a no obligation, free consultation. If you want an honest assessment of your claim so you can make the best decision on how to proceed, we welcome your call.



