Everything You Need to Know about a Construction Injury Accidents
If you are an Arizona construction worker who has been injured while working at your construction job you are eligible to receive worker’s compensation benefits. This includes the payment of your medical bills and at least a partial payment of lost income. Unfortunately, there are rules that bar a construction worker from suing their employer under most circumstances, especially if they are already receiving worker’s compensation benefits. However, you should contact a Mesa construction site injury lawyer to find out if your circumstances are an exception to that rule.
In most cases, you will not be able to file suit against your employer for a workplace injury and still receive worker’s compensation benefits. Your employer pays for your worker’s compensation insurance in order to protect themselves against any personal injury claims filed by their employees, therefore you forfeit your right to sue your employer in exchange for your right to receive Worker’s Compensation benefits.
There are some circumstances where someone other than your employer may be liable for construction injuries, which may result in the ability to file a third party lawsuit along with a worker’s compensation claim. In any case, if you experience a construction site injury it is important to document everything that may be a factor, such as medical reports, the accident location, the construction site, any witness statements, photographs and other evidence. This evidence is crucial in substantiating a construction injury claim. Following are a few situations where a third party lawsuit may apply. Consult with a Mesa personal injury lawyer to explore your options.
If you are injured in a vehicle accident while driving for work, such as while picking up or hauling construction materials, and the accident is not your fault, you may be able to file a suit against the other driver while still collecting your worker’s compensation. The lawsuit against the other driver could include damages not covered by your worker’s compensation, such as pain and suffering or loss of future wages.
If you are injured in an accident as a result of a dangerous condition, such as an unsafe stairway, on a property not owned by your employer, you may be able to bring a third party suit against the owner of the building or the property manager and still receive worker’ s compensation. You may also be able to file a third party suit against the property owner when you are working as a subcontractor.
Another instance where you may be able to file a third party lawsuit is if your injury was caused by faulty or defective equipment, or if the manufacturer did not provide proper instructions and labels needed to use the equipment safely. In that case, you can file suit against the manufacturer of the equipment.
In a construction injury, it can be difficult to determine if a third party may be liable. A construction site injury lawyer will examine the liability of equipment manufacturers, subcontractors, the general contractor, the property owner and the property manager along with any other possibilities. In order to bring a third party suit you will need to establish that gross negligence or misconduct by that party was a contributing factor in the injury. The degree of control that party had over the job, the job site and the work being performed will assist in determining their responsibility.
OSHA (the Occupational Safety and Health Administration) states that contractors are responsible for providing construction workers with a relatively safe environment in which to work. Furthermore, contractors are required to warn construction workers of dangers intrinsic to the job and to be certain that safety regulations are being followed.
Under the worst circumstances, if someone is fatally injured in a construction site injury and it can be shown that it was the result of gross misconduct or negligence, the worker’ s family may be able to file a wrongful death suit on behalf of the deceased. A wrongful death suit can be filed against several entities simultaneously, such as filing suit against both the property owner and a product manufacturer, if they are both shown to be negligent. A wrongful death suit can also be filed simultaneously along with a personal injury suit.
It’s often unclear to the average person whether they have a worker’s compensation claim, a third party claim, or a civil claim. It may require a personal injury lawyer to make that determination. It can also be difficult to determine what evidence may be needed to file a claim.
Call My AZ Personal Injury law firm for a no cost case evaluation. If you are injured in a construction accident you should consult an Arizona personal injury lawyer as soon as possible. Our experienced construction site injury lawyers understand the difficulties of coping with a serious injury while trying to make ends meet, or facing the possibility of never being able to work again. They also understand the devastation of losing a loved one to an accident that should have been prevented, and will work tirelessly to see that you receive compensation.