Scottsdale Construction Accident Attorney

Construction is one of the most critical industries in the United States, but it is also one of the most inherently dangerous fields in which anyone can work. Each year, the construction industry reports a majority of the workplace injuries, fatalities, and lost productivity recorded annually throughout the country. Therefore, it is vital for everyone working in the construction industry in the Scottsdale area to understand their rights as an employee and what they can do after suffering construction-related injuries.

Luis P. Guerra, LLC, can provide the legal guidance you need after you or a loved one has been injured while working in the construction industry. We have assisted many clients in Scottsdale with construction accident injuries and helped them maximize their recoveries as much as state law permits. Our team will apply our professional experience to your case and do everything we can to streamline your case and reach the best possible results.

State law requires most employers to carry workers’ compensation insurance. As long as a covered employee’s injury occurs while they are performing their work-related duties, the injury should be covered by their employer’s workers’ compensation insurance. An injured construction worker should reasonably expect coverage for their medical expenses and ongoing disability benefits while they recover. A workers’ compensation claim may sound like a simple enough mechanism, but the reality is that many people experience various unexpected difficulties with their claims. Others experience catastrophic injuries that can’t be fully compensated by insurance.

Working with an experienced Scottsdale construction accident attorney can make all aspects of your recovery much easier. An attorney can assist with a workers’ compensation claim, ensuring their client receives a fair determination of benefits. Should any disputes arise with the insurer, the plaintiff’s attorney can resolve them on their behalf. If the plaintiff suffered losses that insurance can’t cover and/or a specific party bears direct responsibility for their injury, they might have grounds to pursue further legal recourse and secure more compensation.

An experienced attorney is invaluable if you intend to file any civil claim for damages after a construction accident. In Arizona, injured employees typically cannot file personal injury claims against their employers for workplace injuries, but exceptions exist. For example, if an employer fails to enforce applicable safety regulations, intentionally causes the injury in question, or if they do not have workers’ compensation insurance as required by law, the injured worker could have grounds to file a claim against their employer for any damages not covered by workers’ compensation.

It is also possible for a third party to bear fault for a construction accident. For example, if a drunk driver hits a roadside construction worker, the driver will bear direct responsibility for the resulting damages. However, because the victim was working, they would be able to file a workers’ compensation claim. A third-party personal injury claim against the drunk driver could provide compensation for any damages the workers’ compensation claim won’t cover, such as their pain and suffering.

The Occupational Safety and Health Administration (OSHA) and various other federal and state-level agencies track workplace accident rates, and everyone working in the construction industry should know the most likely risks they face at work. A few of the most common causes of the most severe and fatal injuries in construction include:

• Falls, which account for most of the construction injuries reported each year. The severity of the fall depends on the height, location, and manner in which the victim fell. Some falls can result in permanent spinal injuries, traumatic brain injuries, and more. Many falls will cause multiple injuries, with victims facing very long recovery times.
• Electrocutions, which can occur due to working near unfinished electrical systems or with power tools and other equipment with high power demands. Some of these injuries will cause permanent harm, including nerve damage and cardiovascular difficulties.
• Mechanical malfunctions and equipment failures. Many construction workers must use complex tools and equipment to complete their job duties. If these devices fail or experience critical failures while in use, very serious injuries can easily occur.
• Vehicle accidents. Construction requires the use of various specialized vehicles, from pickup trucks designed to carry tools and workers to utility vans, large trucks, front-end loaders, lifts, excavators, and more. If a construction worker sustains injuries in a vehicle accident while they are driving for work, this qualifies as a work-related injury, and the victim should expect to file a workers’ compensation claim. In addition, if a third party caused the accident, the victim could also directly take legal action against the at-fault party.
• Work environment-related injuries and chemical exposure. Construction work often requires working with or near dangerous, toxic, or corrosive substances. Exposure to such things can potentially cause acute injuries and illness or cause more serious medical conditions like cancer to gradually manifest over time with repeated exposure.

This is not an exhaustive list of all the injuries a construction worker could suffer at work, and many accidents in the construction industry result in multiple injuries. However, the first steps in recovery after this type of incident are much easier to handle when you have an experienced Scottsdale construction accident attorney representing you.

In the event you have grounds to file a civil claim for the damages you suffered in your construction accident, your attorney is a valuable source of guidance for determining the entire scope of compensation you can claim. While workers’ compensation can potentially offer some ongoing benefits that account for the victim’s lost income but only up to about two-thirds of the injured worker’s prior average weekly wage. For example, if you previously earned $2,000 per week at work, workers’ compensation may only offer up to $1,500 per week in temporary disability benefits.

A personal injury claim would enable you to recover any compensation not covered by workers’ compensation insurance. Additionally, if you suffered any permanent damage, you could be unable to work at all in the future. If your employer’s insurance carrier is liable for covering your injury, they may attempt to resolve your case with a large lump sum settlement offer. An experienced Scottsdale construction accident attorney can help you determine whether an insurance carrier’s settlement offer is fair, and if you have grounds for further legal action, you will need your help in these recovery efforts as well.

When you have grounds for a personal injury claim in response to a construction accident, the right attorney can also help you recover compensation for the pain and suffering you experienced. Workers’ compensation may assist you with your medical recovery, but this coverage will not compensate for the pain and trauma of your accident. When a specific party is responsible, your attorney can help you seek a reasonable amount of pain and suffering compensation that accurately reflects the scope and severity of your experience.

Q: How Much Does It Cost to Hire a Scottsdale Construction Accident Attorney?

A: Every attorney has their own billing policy, but most attorneys in the state offering personal injury representation accept these cases on a contingency fee basis. The client pays no initial or ongoing legal fees and only pays a percentage of their final case award to the attorney as their fee. However, if the attorney fails to secure a settlement for them, they pay no legal fees at all.

Q: How Much Is My Construction Accident Claim Worth?

A: When you only have workers’ compensation as a source of recovery from your construction accident, you can expect full compensation for all your medical expenses and ongoing disability benefits awarded based on the severity of your injury. If you have grounds for a civil action against a specific party at fault for your accident, you could potentially secure far more compensation than workers’ compensation alone could provide.

Q: Do I Need a Lawyer to File a Workers’ Compensation Claim?

A: Technically, you do not need to hire legal counsel to file a workers’ compensation claim in Arizona. However, hiring legal counsel you can trust will significantly improve your experience with the workers’ compensation claim process. You are also more likely to maximize your benefits determination and will have legal representation readily available to assist you if you can file a third-party personal injury claim.

Q: Is It Worth Hiring a Scottsdale Construction Accident Attorney?

A: An experienced legal team can manage all facets of your recovery efforts while you rest and focus on healing from your injury and managing your household. Your attorney will improve your experience with your workers’ compensation claim and guide you through any subsequent recovery efforts you pursue.

Luis P. Guerra, LLC, can provide the legal counsel you need after a construction accident in the Scottsdale area. Our team has helped many injured workers across all industries navigate their recovery efforts, so we know the challenges you are likely to face in your pursuit of compensation. Contact us today, schedule your consultation with a Scottsdale construction accident attorney, and find out how our firm can help you.