Nearly every construction worker experiences at least one, and often more, work-related injuries or illnesses in a lifetime, in addition to being at a higher than average risk of premature death, according to the American Public Health Association
CONSTRUCTION ACCIDENT ATTORNEY PHOENIX
Construction is among the most dangerous of all occupations. In 2011, 17.6 percent of all worker fatalities in the United States—738—happened in the construction industry.
Nearly every construction worker experiences at least one, and often more, work-related injuries or illnesses in a lifetime, in addition to being at a higher than average risk of premature death, according to the American Public Health Association. The U.S. Bureau of Labor reports that there are about 150,000 construction sites accidents every year. If you’ve been injured in a construction accident, contact our experienced Phoenix construction accident attorneys today.
TYPES OF FATAL CONSTRUCTION ACCIDENTS
The four most frequent causes of death among American construction workers comprise 56 percent of all construction fatalities:
- Falls were responsible for 259 fatalities—35 percent of the total.
- Electrocutions were next, at 69 fatalities, accounting for 9 percent of the total.
- Being struck by some object caused 73 deaths, or10 percent of the total.
- Caught-in/between accidents (being caught, squeezed or crushed between two or more objects) accounted for 18 deaths, 2 percent of construction fatalities.
NON-FATAL CONSTRUCTION ACCIDENTS
Approximately 4 out of every 100 construction workers are injured on the worksite annually. Types of injuries include:
- Brain injuries
- Spinal injuries and paralysis
- Burns and electrical injuries
- Organ damage
- Broken bones
- Crush injuries
Many of these injuries and deaths can be attributed to the negligence of someone other than the victim and could have been prevented if contractors, engineers, architects, and equipment manufacturers had not been negligent in adhering to proper safety procedures.
LIMITATIONS OF WORKERS’ COMPENSATION
When you’re injured on the job, you usually look first to Workers’ Compensation to cover your medical bills and part of your lost wages, unless you’ve rejected workers’ compensation coverage before being injured, or if your employer had not posted the notice advising employees of their right to reject workers’ compensation. In that case, you have the right to file a civil lawsuit against your employer. If you were injured as the result of willful misconduct of your employer or one of your co-workers, you also have the right to file a civil lawsuit against the employer and the co-worker who injured you. You can file a civil lawsuit against your employer if the company was not carrying Workers’ Compensation insurance at the time of your injury.
Workers’ Compensation entitles you to lifetime medical benefits, but the compensation for lost wages is capped by law. There is no such limitation in a civil lawsuit. If you sue in xfcivil court, there is no cap on the amount of damages you can claim. Furthermore, in a civil action, you can potentially recover non-economic damages, including pain and suffering, and punitive damages, which are not available under Workers’ Comp.
IDENTIFYING THIRD PARTY LIABILITY TO INCREASE YOUR RECOVERY POTENTIAL
If you have not opted out of Workers’ Compensation coverage, you can’t sue your employer for damages. You may, however, have a cause of action against another party whose negligence caused or contributed to your injury, for example the manufacturer of a defective piece of equipment or a subcontractor who created a dangerous condition at the site.
At the Phoenix, Arizona Law Firm of Curiel and Runion, we understand the limitations of Workers’ Compensation and look for ways to ensure that you will recover enough to take care of your needs and those of your family when you’ve been sidelined by a construction accident injury. We are experienced at uncovering third-party liability to increase your potential recovery beyond what is available through Workers’ Compensation.
Call the Phoenix Personal Injury Lawyers at Curiel and Runion today for a free case consultation. If we don’t win, you don’t pay.