It is no surprise that working on construction sites puts one at high risk for injury. Working long hours with heavy machinery and power tools leaves one at risk for serious injury daily. In fact, a construction worker faces a 75% chance of sustaining a disabling injury over the course of their career.
Luckily, there are strict safety standards in place on construction sites to protect their workers. However, there is no guarantee as accidents still happen. Some common risks and injuries that an individual may face while on the job may be (but are not limited to):
Construction sites employ multiple companies and contractors, and it can be difficult to determine who is at-fault for an injury. For example, a worker may be injured as a result of faulty equipment from a separate contractor. Who do they file suit against? The company? Their employer?
When an individual is injured on the job, there are two routes one may take to remedy the situation. First, in line, you have workers’ compensation that should activate to pay for medical care and lost wages. Another avenue is a third-party claim against the person that caused the injury if they don’t work for the same company as the injured person.
Workers’ compensation is a type of insurance that provides benefits to those who sustained injuries while on the job. Those filing workers’ compensation can claim two different types of benefits- medical expenses resulting from injury and wage loss benefits. Wage loss benefits can fall under one of four categories which governs the number of benefits one may receive:
In the state of Arizona, workers’ compensation protects employers. Workers’ compensation, in essence, is a trade-off between the injured party and the employer; the injured party cannot sue their employer or co-worker for the injury sustained. However, one may pursue a third-party lawsuit through a personal injury attorney depending on the circumstances surrounding the incident. For example, if an individual is injured as a result of negligence from a third party, they may file a lawsuit.
Workers’ compensation and filing a third-party lawsuit also differ in the fact that they require different burdens of proof. Under Arizona’s ‘no-fault’ rule, workers’ compensation does not require that you prove your employer was at-fault whereas third-party lawsuits require that negligence be proven. Some incidents that can result in a third-party lawsuit include those where an individual was injured by an employee of another trade on a construction job site or when you get injured when you’re in a company car/truck in a motor vehicle accident.
If the unfortunate event occurs that you or someone you know has been injured following a construction accident, it is imperative to contact a personal injury attorney to review your case to ensure whether there are any other legal avenues you should pursue. At Leon Law, PLLC, we are happy to provide you with a free case review to learn more about your legal options.