Glendale Construction Accident Attorney
Construction is one of the most dangerous industries, and when accidents happen, the injuries can be life-changing. If you or a loved one was injured in a construction accident, we recommend that you seek legal help as soon as possible.
The Glendale construction accident attorneys at Phillips Law Group understand the challenges that victims and their loved ones face following a serious injury. Our firm has over two decades of legal experience and we have recovered hundreds of millions in compensation on behalf of our clients. This includes compensation for medical bills, lost wages, pain and suffering, and other damages. Our founder Jeff Phillips is a member of the American Association for Justice.
Learn more about how we can help you by scheduling a free consultation. There is no risk or obligation to pursue a claim. We offer our services on a contingency fee basis, so there are no upfront fees. We do not get paid unless you do.
Call 1-800-706-3000 to see how we can help. We are available 24/7 answer any questions.
Am I Eligible to File a Case?
You should strongly consider contacting a licensed attorney to discuss your construction accident injury and your potential legal options. Our Glendale construction accident lawyers are well-versed in the laws affecting these cases and can determine if you may have a viable claim. When you meet with us, we may take several things into consideration to determine if you have a case, such as:
- The location where the accident happened
- The conditions at the accident site
- The equipment used on the construction site
- All parties in control of the site and equipment used at the time of the accident
- The employer or other party you work for
Let us review your situation during a risk-free, no obligation consultation.
Types of Construction Accident Claims
There are a few types of claims your attorney may be able to file to pursue compensation for a construction site injury. The type of claim you may be eligible to file will depend on the details of your accident, so it is recommended that you talk to an experienced Glendale construction accident lawyer about your situation.
Workers’ Compensation Claim
The majority of Arizona employers are required to carry workers’ compensation insurance. Workers’ compensation provides compensation for medical expenses and a portion of lost wages to employees who are injured in a work-related accident.
In a workers’ compensation claim, our attorneys do not need to prove your injuries were the result of negligence, only that you suffered a work-related injury.
Personal Injury Lawsuit
If your employer carries workers’ compensation insurance, you cannot sue them for damages from your accident. However, if you are injured because of a third party’s negligence, you may be able to file a personal injury lawsuit against them.
In these claims, your attorney needs to prove your injuries resulted from the third party’s negligence, which has four parts:
- The third party owed you a duty of care to ensure your safety. For instance, product manufacturers have a duty to make sure their equipment is not defective.
- The third party breached the duty of care by failing to act as a reasonable person would under similar circumstances, such as a driver failing to slow down at a construction site.
- The third party’s breach of duty of care directly caused your injuries and they would not have happened otherwise.
- The third party’s breach resulted in you suffering damages, such as medical expenses and lost wages.
Wrongful Death Claim
When a construction worker dies in a construction accident, certain family members may be able to file a wrongful death claim on his or her behalf against the party responsible. This can include the surviving spouse, child, parent, guardian or personal representative of the deceased person.
Claims by Non-Employees
Sometimes people who are passing by a construction site suffer an injury. For example, someone could get hit by a construction vehicle, falling debris, or fall into a trench. If this happens, the victim may be able to pursue a claim against the contractor or other parties responsible for the construction site.
Contact Phillips Law Group to discuss potential legal options.
What is My Case Worth?
You may be eligible to pursue various forms of compensation for your construction site injury, if you have a valid case.
The workers’ compensation system provides compensation for medical bills and disability when you are unable to work or need to modify your work schedule because of physical limitations. It also provides compensation to surviving dependents if a loved one dies due to a workplace accident.
In a third-party lawsuit, our attorneys can also pursue medical expenses and lost wages, in addition to other damages not available in a workers’ compensation claim, such as:
- Loss of earning capacity
- Lost enjoyment of life
- Physical pain
- Emotional suffering
- Loss of companionship
Damages in a wrongful death claim could include funeral and burial expenses, medical bills the deceased incurred during treatment until death, lost wages and earning capacity the deceased would have earned if still alive as well as pain and suffering the family has endured due to the unexpected loss of their loved one.
Our Glendale construction accident lawyers can determine the potential value of your claim in a free legal consultation.
How Can a Lawyer Help Me?
One of the more common questions injury victims ask is: how can you help me?
There are many benefits to seeking qualified legal representation after an accident, particularly a construction accident that resulted in a serious injury.
If you have a case, we are prepared to conduct a detailed investigation of the events that led to your accident and injury. We have detailed knowledge of laws affecting construction accident cases and know how to build a strong case.
Our attorneys can manage each step in the legal process on your behalf, including negotiating for compensation, filing legal documents and workers’ compensation forms, appealing a denied workers’ compensation claim, communicating with insurance companies and attorneys for the other side, and preparing your case for trial if necessary.
We keep our clients informed throughout the legal process so they know what to expect and what is happening with their claim. We want you to be able to put your energy into your treatment and trying to get better.
Call our firm today for a free consultation. 1-800-706-3000.
Deadlines for Pursuing Compensation
There are standard deadlines for many construction accident claims. A workers’ compensation claim must be filed within one year of the date of the injury. The statute of limitations for personal injury cases is generally two years from the date of the accident. The deadline for a wrongful death claim is also two years from the date of the deceased person’s death.
However, there can be exceptions to these deadlines, depending on the specifics of the case. Sometimes claims must be filed before these deadlines and other times they can be filed after these deadlines.
If you fail to file a claim or lawsuit before the deadline for your case passes, you will lose your right to do so. A Glendale construction accident lawyer can determine the deadlines that may apply to your claim.
Our trusted attorneys are here to help during this difficult time.
Liability for a Construction Accident
In a workers’ compensation claim, you do not need to prove another party is liable for your injury. However, in a personal injury lawsuit or wrongful death lawsuit, you need to prove your injury resulted from another party’s negligence.
Other parties that could be liable for a construction accident include, but are not limited to:
- Construction site owners – They have control over the worksite and could be held liable for any injuries caused by hazards they knew or should have known about.
- General contractors – They have a legal obligation to make sure a construction site is safe and to warn workers of hazards.
- Engineers and architects – They have a responsibility to ensure their design plans are not flawed.
- Subcontractors – They have an obligation to make sure that tasks under their control or supervision are being performed safely.
- Construction site managers – They have a duty to properly hire and train employees to make sure they are performing tasks in compliance with safety regulations.
- Manufacturers and suppliers – They provide construction machinery, equipment and tools and are legally obligated to design and manufacture equipment that meets federal safety standards.
Who Regulates Construction Site Safety?
The construction industry is regulated at the federal level by the Occupational Safety and Health Administration (OSHA), which is under the U.S. Department of Labor. This department was created to establish standards for the construction industry that employers must follow in order to maintain a safe working environment.
OSHA has specific safety requirements for the leading dangers at construction sites, including:
- Stairways and ladders
- Trenching and excavation
- Motor vehicle safety/highway work zones
At the state level, Arizona’s Division of Occupational Safety and Health regulates safety and employee health issues, excluding employees of mining operations, Indian Reservations and federal workers. This organization falls under the Industrial Commission of Arizona, which also regulates the state’s workers’ compensation system.
If an employer fails to follow federal or state standards to provide workers with the necessary training and proper safety equipment to prevent harm, a Glendale construction accident lawyer at our firm is ready to help. We are prepared to review your claim and determine possible legal options.
Complete a Free Case Evaluation form.
How to Report an Injury
If you suffer an on-the-job injury, you should always report it to your employer as soon as possible. Arizona requires workplace injuries to be reported to employers within 90 days. If you miss the deadline, your claim may be denied.
You should also seek medical treatment immediately, so you can receive proper treatment and to link your injuries to the accident. This is important whether you are filing a workers’ compensation claim or personal injury lawsuit. One of the main ways your employer or an at-fault party may attempt to dispute your claim is to say you were not injured in the accident.
While you can rely on your attorney to manage each step of the legal process on your behalf, there are things you can do to help protect your claim and build a strong case. This includes gathering evidence at the scene of the accident.
If possible, take pictures at the scene. Capture your injuries and the hazards or other conditions that contributed to your suffering an injury. If there are witnesses, ask them what they saw and take notes. This can become invaluable evidence, particularly if your employer or others try to dispute your claim.
You should also keep a journal throughout your treatment. Document the pain and other symptoms you feel each day and how it is affecting your life.
Another thing injury victims may not realize is that they need to continue their treatment. If you stop treatment, it could hurt your chance of recovering fair compensation or any compensation at all.
If you have more questions about what to do after a construction site injury, call our firm now for a free legal consultation.
Can I be Treated by My Regular Doctor?
This is a complex question, and the answer depends on how your employer’s workers’ compensation insurance is set up. In many cases, employers have private insurance, which means workers can choose their own doctor. However, your employer could require you to see a doctor they choose for one visit.
When an employer is self-insured and contracts with a doctor registered with the Industrial Commission of Arizona, you are required to obtain treatment from the doctor chosen by your employer.
It is important to note that if you continue seeing a doctor chosen by your employer, he or she will become your treating physician.
Our Glendale construction accident lawyers can answer your questions about workers’ compensation claims.
What to Do if My Employer Disputes My Injury?
If you file a workers’ compensation claim, your employer may dispute whether you are eligible for benefits. They may make a variety of claims about your injury and why you are ineligible for benefits. They may say you have a pre-existing condition or were:
- Off duty at the time of the injury
- Intoxicated at the time of the injury
- Doing something unrelated to your job
If this happens, your claim could be denied and you will need to appeal to continue pursuing workers’ compensation benefits.
Our Glendale construction accident attorneys know the claims employers often make to avoid paying benefits to injured workers. If you hire our firm, we can negotiate with your employer and guide you through each step of the appeals process.
Call today to discuss your claim. 1-800-706-3000.
Common Construction Site Accidents
There are many different ways construction workers sustain serious injuries while on the job. Some of the most common factors contributing to construction accidents include:
- Falls from heights – Construction workers often work from elevated heights, on scaffolding and roofs, ladders and in windows.
- Falling objects – Workers are at a greater risk of being struck by objects from above, such as tools, building materials or beams that are not properly secured.
- Machinery accidents – Heavy machinery is regularly used, from forklifts, cranes and bulldozers to jackhammers and nail guns.
- Slip and fall accidents –Uneven surfaces, loose materials and wet floors can all cause a slip and fall accident.
- Electrocutions – Electrocution or shock can happen because construction workers are often exposed to unfinished electrical wiring, power lines, and power tools.
- Overexertion – Long hours of hard, physical labor, especially in hot or humid weather, can cause workers to overexert themselves and suffer a heat-related injury.
- Vehicle accidents –Drivers who are speeding or distracted can strike a construction worker while passing by a construction site.
- Fires and explosions – Hazardous materials such as leaking pipes, flammable chemicals and exposed electrical wiring can cause a fire or explosion.
- Caught in-between objects – Workers can get stuck in between immovable objects, machinery or falling debris.
- Trench collapses – If a trench collapses while a worker is inside, he or she could be hit by tools or buried underneath.
Contact Our Glendale Construction Accident Attorneys
If you or someone you love was injured while working at a construction site, it is important to contact a Glendale construction accident attorney at Phillips Law Group as soon as possible to determine if you may be eligible for compensation.
We have helped thousands of our clients recover compensation for their injuries. Call us today or contact us online 24 hours a day, seven days a week to schedule a free consultation. You pay no upfront fees unless we secure compensation for you.
Our office is located in Phoenix, about a half hour from several parks, such as Ocotillo Rose Park.