Avondale Construction Accident Attorneys
Victims of construction accidents may have grounds for filing a claim for compensation for medical bills and other damages suffered because of their injuries.
These cases can be very complex, as there are different types of claims and multiple parties that could be at fault. The Avondale construction accident lawyers at Phillips Law Group are prepared to guide you through the process, pursuing maximum compensation for your damages.
For more than 27 years, our firm has been advocating for the injured, recovering $750 million in compensation on their behalf. We are led by founder Jeffrey Phillips, who is a member of the National Trial Lawyers Association – Top 100.
There is no cost to discuss your accident in an initial consultation with one of our licensed attorneys. If we validate your claim, and you decide to move forward, there are no upfront fees.
We are ready to take your call and answer your questions. 1-800-706-3000
Can I File a Claim?
This is a question our licensed attorneys are prepared to help you answer in a free consultation. There are many factors that must be considered to accurately answer this question, such as:
- How the accident happened
- Whether negligence was involved
- Third parties that may have been responsible for safety at the site
- Whether any equipment or machinery being used was defective
- Damages suffered
- Whether the accident happened away from the worksite
- If you were not working at the site and just passing through, such as in your car
After reviewing your accident, our Avondale construction accident lawyers can give you a much better idea about whether you may be eligible to seek damages.
What Type of Claim Can I File?
Many construction workers may be able to file workers’ compensation claims after their accidents. Most employers in Arizona must carry this form of insurance to provide compensation for medical bills and partial lost wages caused by an on-the-job injury.
In these claims, you are not required to prove the injury resulted from another’s negligence. You only need to prove your injury was work-related. You could even be at fault for the injury, but if it was work-related you may still be eligible for compensation.
Workers’ compensation coverage is a trade-off – you sacrifice the right to sue your employer in exchange for compensation when you suffer a qualifying injury.
If another party besides your employer may have caused your injury, your lawyer may be able to file a separate lawsuit against that party for additional compensation. In these types of claims, your lawyer must prove negligence was involved in your accident. In other words, the third party owed you a duty of care, failed to uphold the duty of care and this directly led to your injuries and damages.
There are various third parties that may be involved in a construction site, such as:
- Construction site owners
- General contractors
- Product manufacturers
- Product suppliers
You can discuss a third-party claim with one of our licensed Avondale construction accident lawyers in a free consultation.
If your loved one died in a construction accident because of the negligence of a third party, you may be eligible to file a wrongful death lawsuit on his or her behalf. Surviving spouses, children, parents, guardians or personal representatives may be eligible to file this type of lawsuit.
Non-Worker Injury Claims
Pedestrians or drivers who were passing by or through a construction site or zone may suffer injuries. When this happens, they may have a claim against various parties managing the construction site. Examples of non-worker accidents might include falling debris accidents, falls into trenches, or collisions with construction vehicles.
Discuss your claim with a licensed attorney to find out what the next step may be. Schedule a free consultation: 1-800-706-3000.
Who Could Be Held Liable?
Liability is an issue in any construction accident claim that is not a workers’ compensation claim. The owner of the construction site might be liable for failing to remove a hazard he or she should have known about. General contractors and subcontractors have similar responsibilities.
Product manufacturers and suppliers could also have liability if the products they made or supplied were inherently dangerous and workers were not properly warned about the danger.
While engineers and architects may not be at the site at the time of the injury, they may have created design plans that are not reasonably safe, putting workers in danger.
These are complex issues you should consider discussing with a licensed attorney in a free legal consultation.
Damages That May Be Available
Workers’ compensation pays for reasonable and necessary medical expenses related to the treatment of your injury. If you miss work for a certain period of time, Arizona’s workers’ compensation system also provides disability benefits to help replace a portion of your lost wages while you cannot work or are unable to work in the same capacity as you did before the injury.
Third-party lawsuits may also provide compensation for medical bills and lost wages. However, in a lawsuit your lawyer can pursue the full cost of lost wages, both now and in the future. These lawsuits may also provide compensation for psychological damage from the accident, such as:
- Emotional problems (depression, anxiety, lost sleep, post-traumatic stress)
- Lost enjoyment of life if you cannot enjoy hobbies and other activities as before
- Loss of companionship when the injury hurts your relationship with your spouse
Your Avondale construction accident attorney may be able to pursue similar damages along with things like funeral and burial expenses and the loss of financial support of your loved one.
The value of a claim will depend on the injuries suffered, how long they may affect you and other factors. It can be very difficult to determine the full value of a claim without help from a licensed attorney with significant experience pursuing compensation for injury victims.
How Long Do I Have to Pursue Compensation?
Workers’ compensation claims have a one-year deadline while third-party claims have a two-year deadline. If you do not file your claim before these deadlines expire, you may lose the right to do so.
While there might be exceptions to these deadlines, it is important to discuss your claim with an experienced attorney who can determine if an exception may apply. Since the clock may already be running on your claim, be sure to contact a lawyer as soon as possible to determine if you may have a case and so your lawyer can get started. It takes time to investigate and build a robust argument.
Unsure of the deadline for your claim? Call Phillips Law Group today at 1-800-706-3000.
Regulation of the Construction Industry
There are many federal and state regulations on the construction industry, as this industry is one of the most dangerous in the nation. At the federal level, the Occupational Safety and Health Administration (OSHA) sets standards for construction employers to follow to keep working conditions safe.
OSHA has various requirements for safety measures to help prevent injuries from some of the leading hazards on construction sites, like falls, stairways and ladders, scaffolding, electrical hazards and motor vehicle work zones. Employers must also communicate with employees about things like:
- Hazardous chemicals
- Safe use of hand and power tools
- Avoiding exposure to silica dust
- Concrete or masonry
- Cranes, derricks, hoists, elevators and conveyors
Construction companies in Arizona are also regulated by Arizona’s Division of Occupational Safety and Health (ADOSH). ADOSH also regulates Arizona’s workers’ compensation industry.
Our Avondale construction accident lawyers are prepared to review your claim to determine if any safety regulations may have been violated at your construction site. We have detailed knowledge of these regulations and how violations can put workers at risk.
Reporting Your Injury/Accident
You are required to report workplace injuries to your employer within 90 days, although it is best to report it right away. If you wait, your employer may question your claim and recovering compensation may be more difficult than it needs to be.
Immediate medical treatment is also important to help link your injury to the accident. This is often one of the main disputes in a workers’ compensation or third-party claim.
When possible, gather evidence at the scene, such as pictures or statements from witnesses. You can record a video of your conversations with witnesses, if you get their permission to do the recording.
It can also be helpful to write down what you remember about the accident as soon as possible. Memories fade quickly and you could forget an important detail that might make it more difficult to validate your claim.
Contacting a licensed attorney is also an important step to take. Insurance companies and other parties do not have your best interests in mind. The attorneys at Phillips Law Group are here to protect the full value of a claim and hold at-fault parties accountable.
Can My Regular Doctor Treat Me?
It depends on whether your employer has private insurance or is self-insured. Employees of privately-insured companies can choose their doctor, but your employer may require you to see a doctor of their choosing for your first post-accident visit.
If your employer self-insures and has a contract with a doctor who is registered with the Industrial Commission of Arizona, you must see that doctor.
Have questions about medical treatment after a construction injury? Call Phillips Law Group to schedule a free legal consultation. Phone: 1-800-706-3000
What Happens if My Employer Disputes the Injury?
You may need to appeal your workers’ compensation claim because it may be denied for various reasons, such as:
- Injury is not work-related
- You were drunk at the time of the accident
- You were not at the work site
- You were fighting
Fortunately, our licensed Avondale construction accident lawyers know many of the reasons employers often give for denying claims. We are prepared to guide you through each step of the appeals process to pursue the compensation you need for medical treatment and disability. We know how financially devastating a work injury can be for victims and the families they are trying to support.
Types of Construction Accidents
Construction accidents often result in severe injuries because workers are in dangerous situations, such as when they are on ladders or scaffolding and are high off the ground. A fall could be fatal or result in life-altering injuries. Even a slip and fall on a wet surface indoors could result in serious injuries.
Other examples of construction site injuries could include:
- Caught in between accidents with machinery
- Getting hit by falling debris
- Being electrocuted by exposed wiring or power lines
- Burns from fires or explosions, such as with flammable chemicals
- Motor vehicle accidents, including with trucks or bulldozers and other construction vehicles designed for specific tasks
Call Today to Schedule a Free Claim Review with an Avondale Construction Accident Lawyer
Unsure about whether you may be eligible to seek compensation?
This is a question that should be discussed with an experienced attorney. Compensation helps victims to obtain the medical care they need to try to make the best recovery possible. Compensation may also be available to help victims manage the physical and emotional damages of a serious injury.
At Phillips Law Group, we represent construction accident victims on contingency, which means no upfront fees and our lawyers do not get paid unless our clients do through a settlement or courtroom verdict.
Schedule a free consultation today by calling 1-800-706-3000. Feel free to call anytime, day or night. A member of our legal team is ready to take your call.