Glendale Construction Accident Attorneys
Attorney Representation in Phoenix, Arizona Since 1996
Glendale Construction Accident
Have you been injured in a Glendale construction accident? Is your employer being less than forthcoming in response to questions about your injury claim? Our Arizona construction accident lawyers want you to have the knowledge necessary to facilitate the initial stages of a claim with a noncompliant employer. Even if you retain legal representation, the more you know, the better decisions you can make on your own behalf.
First, the Occupational and Safety Health Act (OSHA) dictates that employers provide a workplace free from hazards to safety and health, especially in construction. OSHA is a division of the U.S. Department of Labor that oversees the administration of the Act and enforces standards in all 50 states.
Arizona has an OSHA-approved plan. The state generally adopted the same standards as its federal counterpart. The Industrial Commission of Arizona (ICA) administers the State Plan, and within the ICA, the Arizona Division of Occupational Safety and Health (ADOSH) monitors enforcement and voluntary compliance. The ADOSH headquarters are in Phoenix with additional offices in Tucson.
Employers have a duty to post notices of workers' legal rights under the workers' compensation law. The posting advises workers of the right to receive medical and wage benefits for on-the-job injuries. Employers must also provide the name of the insurance company and provide medical care when notified of an injury on the job.
Given the chaotic nature of a construction site, it is easy for employers to blur the lines on safety standards in the quest to complete a project under time and budget constraints. Accidents are bound to happen. Therefore, while employers do not like to pay workers' compensation premiums, they understand that workers' compensation insurance is required by law. Of course, there are the employers who try to avoid workers' compensation claims because they don't want to pay increased premiums or they believe that employees will take advantage of the benefits. An employer concerned only about the bottom line will most likely hinder an employee's case, especially in the initial stages.
After an employee reports the injury to the employer, the employer has reporting requirements. If the employer is on the dishonest side, the employer will not be overly concerned about moving the claim forward. The employer might even slant the information to the insurance carrier to make the claim seem suspect, thus delaying the employee benefits while the claim is under investigation. A hostile employer may even attempt to intimidate or coerce an injured worker into foregoing filing a claim for benefits. An employer may try to retaliate against an injured employee for filing a claim. Should this happen, an injured worker may be able to sue the employer.
You are entitled to a safe working environment. If your employer refuses to cooperate in initiating your claim, it is in your best interest to turn the matter over to a reputable Glendale construction accident lawyer. You can feel free to call our Arizona workers' compensation attorneys at The Breyer Law Offices today for a free case evaluation.
