Attorney for Construction Accidents In Glendale, AZ
It is no surprise that construction sites, especially in areas like Glendale or Phoenix, can be dangerous for workers. With heavy machinery and tools as well as the physically demanding tasks associated with the job, there is a greater risk of workplace injury than in other occupations. Although most construction workers are aware of these dangers, they should still expect to work in a safe environment free from hazardous conditions. At Klink Law, our experienced Glendale construction accident attorney can help you navigate your workers’ compensation claim if you’ve recently been injured in a construction accident. We offer free consultations, so call us today to get started on your case.
Common Types Of Construction Accidents
While working on a construction site, you can become injured in many ways. Even if you follow all the safety protocols while performing your work duties, there are plenty of other factors that can make a construction site dangerous and lead to an accident. For example, faulty equipment, another worker’s carelessness, or unsafe working conditions provided by the company. These threats might seem small, but they could leave you with some very real injuries.
According to the Bureau of Labor Statistics construction deaths account for approximately 21% of the total employment related deaths occurring in the United States. The most common causes of a construction fatality are:
- Falls — 384 out of 991 total deaths in construction in CY 2016 (38.7%)
Struck by Object – 93 (9.4%)
Electrocutions – 82 (8.3%)
Caught-in/between* – 72 (7.3%)
Some additional common types of accidents that occur at construction sites in Arizona include the following:
- Electrocutions or electrical burns
- Falls from heights
- Trip and falls over construction debris
- Explosions
- Faulty or defective machinery
- Car accidents
- Truck accidents
- Negligence of a third party
- Failures to adhere to safety regulations
- Objects falling and striking workers
Common Construction Accident Injuries
Arizona construction sites are responsible for more workplace injuries than any other job environment. In fact, both fatal and non-fatal injuries are more common at construction sites than in any other workplace. The numbers of construction accidents in Arizona are stunning and leave many workers struggling to determine the best path forward after an accident. If you or a loved one have been affected by a construction accident, you may be wondering what next steps to take. These accidents can cause major injuries that result in time off work, permanent damage, and even death. Some of the most common types of construction accident injuries in Arizona include:
- Spinal cord injuries
- Brain injuries or other head trauma
- TBI
- Amputation
- Catastrophic Injuries
- Paralysis
- Nerve damage
- Permanent scarring
- Burns
- Electrical injury/electrocution
- Crush injuries
- Repetitive motion injuries
- Overexertion injuries
Construction Site Safety Regulations
To protect workers in Arizona and prevent construction injuries, OSHA enacted specific rules for different workplaces and types of occupations. For example, employers must provide their employees with personal protective equipment, safety guards on dangerous machinery, warning labels, etc. If an employee believes that their employer is not following OSHA standards, they can report it without retribution–in fact, it’s against the law for employers to retaliate against whistleblowers. Not following OSHA standards comes with heavy fines and other penalties.
Although OSHA does not take on cases for injured workers, those in Arizona who have been hurt at their job site should look into filing for worker’s compensation. Most employers in Arizona are legally required to carry this type of insurance so that if one of their employees is ever injured while working, they will be taken care of. When you’ve been injured at work, workers’ compensation is meant to cover a variety of needs like medical bills, partial wage loss, and pain and suffering. If you’re not sure what your next steps should be, our experienced Glendale construction accident attorney is here to help. Contact Klink Law today for a free consultation.
Workers’ Compensation And Construction Accidents
Although nearly every employer is legally required to have workers’ compensation insurance for their employees, this does not mean that filing a claim will result in receiving coverage. Do not fall into the trap of believing that your employer is on your side just because you are not suing them directly. Although workers’ compensation cases are not against your employer directly, do not assume that your employer and their insurance company are on your side. In fact, many employers will deny and attempt to avoid responsibility for accidents and injuries at their workplace. Workers’ compensation benefits often include medical costs and a portion of lost income. usually determined by a wage statement provided by determining how much money you should have been paid had it never occurred.
Being involved in a construction accident is difficult enough, but when you’re trying to file a claim and manage the legal process on top of that, it can be downright overwhelming. The good news is, you don’t have to go through it alone. Our experienced Glendale construction accident attorney at Klink Law is here to help guide you through every step of the process and fight for the maximum compensation possible. We know that your focus needs to be on healing right now, so let us handle the legal work while you take care of yourself.
You may have the right to file an injury claim and receive compensation if your employer or another worker’s negligence led to your injury. Like any other personal injury claim, you must show that the negligent party caused your accident. To be successful in a workplace personal injury claim, you must prove the following:
- Show that another person or entity owed you a duty of care to act in a reasonable and safe manner
- The person or entity failed to perform that duty and was negligent
- You were injured as a result of that negligence
Frequently Asked Questions
Will OSHA Regulations Affect My Case?
adhering to OSHA standards protects you as an employee and provides legal support if your employer is not in compliance. Although not always necessary, evidence of an OSHA violation can be key for a successful personal injury claim that alleges negligence on the part of your employer. Though having an OSHA regulation violation in your personal injury case can help prove the other party’s fault, it doesn’t promise a win for you. To increase your chance of winning, partner with a seasoned Glendale construction accident lawyer rather than going at it alone.
Is The Property Owner Or Contractor Responsible?
There are many potential causes of construction accidents, so it’s important to investigate all possible negligent parties. If an engineer, subcontractor, contractor, property owner, or other third party is found to be at fault in your accident, they may be held responsible and you could be owed compensation in addition to workers’ compensation benefits. It’s highly recommended that you speak with a Glendale construction accident attorney as soon as possible after an accident to better understand your options.
Do I Need to Hire a Personal Injury Lawyer?
When you are injured on the job, what should you do? While most construction companies do have standard procedures to follow when such an incident occurs, however pursuing a claim without an attorney may result in worker receiving only the bare minimum in compensation or none at all. It’s true that not all incidents call for big legal claims with large settlements, you want to make sure that you at least get your medical expenses and any missed work pay covered. A good construction injury lawyer can help you get exactly what you are owed by reviewing local laws and taking into account both company policy and your exact position as a construction worker.
How Our Glendale Construction Accident Attorney Will Help
Filing a Claim
If you have not done so already, your construction injury lawyer will help you file a workers’ compensation claim. This is a notice to your employer that you have lost out on work pay or have racked up medical expenses or emotional trauma because of the incident on the job, and as a result you are requesting reasonable payment. With a personal injury claim, you may be entitled to additional compensation for various damages (as will be outlined in your claim), including but not necessarily limited to time missed from your usual work schedule, pain and suffering and, of course, medical costs. Your employer cannot fire you for filing a workers’ compensation claim as it is your legal right. Ariz. Rev. Stat. 23-1501(3)(c)(iii) explains that an employer may not fire you for filing a workers’ compensation claim.
Building a Case
David Klink will further help you by working to build a detailed legal case to seek maximum compensation for your injury. It isn’t always your employer who is legally at fault. That’s right– if any outside parties played a role in the incident that caused in your injury, they may also owe you compensation. David Klink will look at all angles of the picture to determine this and pursue your claim.
If you’ve been hurt while working on a construction site in Arizona, it’s important to learn about all of your legal options before asking for compensation. At Klink Law, we understand how difficult workplace injuries can be and will do everything possible to get you the money you deserve. To find out more about what we can do for you, call our office today and speak with our Glendale construction accident attorney. We offer free consultations so that we can learn more about your case and give you the best advice possible.