Construction Site Accident Lawyer in Phoenix, Arizona
Construction sites in Phoenix, Arizona are busy places where big machines, tall buildings and many workers meet daily to build infrastructure. While construction is necessary for the city to grow, it’s also very dangerous. Despite safety regulations and oversight, construction site accidents still happen and often result in serious injuries or death.
At Keller Swan we represent victims of construction site accidents, providing expert legal advice and support to workers and their families to get the compensation they deserve for their injuries and losses. Whether the accident was caused by negligence, a breach of safety protocols or equipment failure, our experienced attorneys will guide you through the legal process and make sure the responsible parties are held accountable.
Construction Site Accidents: Common Dangers and Risks
The construction industry is dangerous by nature. Workers are exposed to high risk environments and hazards. These accidents can result in catastrophic injuries like traumatic brain injuries, spinal cord damage, broken bones, burns, amputations and death.
Some common types of construction site accidents are:
1. Falls from Heights
Falls are the most common cause of injuries and deaths at construction sites. Workers may fall from scaffolds, ladders, rooftops or other elevated areas if proper safety measures like harnesses and guardrails are not in place or maintained. Falls from even small heights can result in serious injuries like spinal cord damage, traumatic brain injuries and broken bones.
2. Machinery Failure
Construction sites are full of heavy machinery like cranes, bulldozers and forklifts. Defective equipment, mechanical failure or poor maintenance can cause devastating accidents. Injuries from machinery failure often include amputations, crushing injuries and severe lacerations.
3. Electrocutions
Electrical accidents are another big hazard at construction sites. Workers may be exposed to live wires, faulty wiring or improperly grounded equipment. These can result to severe burns, heart damage and even death. Electrocution risks are higher when workers are near power lines or using faulty power tools.
4. Falling Objects
Tools, materials or debris falling from elevated areas can cause head injuries, fractures or death to workers below. Poor safety measures like not securing tools or materials are often the cause of these accidents. Workers hit by falling objects can suffer traumatic brain injuries or crushing injuries.
5. Slip and Fall Accidents
Construction sites have uneven terrain, wet surfaces or debris scattered around which creates a risk for slip and fall accidents. These can result to fractures, sprains and concussions. Not keeping pathways clear or not providing proper footwear and signage can worsen these risks.
6. Chemical Exposure
Workers at construction sites may be exposed to toxic chemicals like asbestos, lead, solvents and other hazardous materials. Prolonged or acute exposure can result to respiratory illnesses, skin burns and neurological damage.
7. Trench Collapses
Excavation work also presents additional risks like trench collapses which can trap workers beneath tons of dirt and debris. These can result to asphyxiation or crushing injuries and can be fatal without immediate rescue.
Personal Injury Construction Site Accidents in Phoenix, Arizona
The laws governing construction site accidents in Arizona is designed to protect workers and make construction companies and property owners to maintain safe working conditions. Here are the key legal considerations for construction site accident victims:
1. Workers’ Compensation in Arizona
Arizona law requires employers to carry workers’ compensation insurance which covers medical expenses and lost wages for employees injured on the job. Workers’ compensation is a no-fault system which means injured workers can get benefits regardless of who is at fault.
But workers’ compensation benefits are limited, it only covers medical bills and a portion of lost wages. It does not cover pain and suffering, long term disabilities or future loss of income. That’s where third-party claims can be beneficial to injured workers.
2. Third-Party Claims
While workers’ compensation prevents workers from suing their employer directly, injured workers may have the right to file a third-party personal injury lawsuit if a party other than their employer is responsible for the accident. Potential third-party defendants are:
- Subcontractors who failed to follow safety protocols
- Manufacturers of defective equipment
- Property owners who failed to maintain a safe environment
- Architects or engineers whose design flaws led to hazardous conditions
Third-party claims can result to additional damages for pain and suffering, loss of consortium and full lost wages beyond what workers’ compensation provides.
3. OSHA Regulations and Safety Violations
The Occupational Safety and Health Administration (OSHA) sets and enforces safety standards for construction sites across the United States. Construction companies and contractors are required to follow OSHA guidelines which includes proper training for workers, safe working environment and use of safety equipment.
OSHA violations can be used as evidence of negligence in personal injury claims. If your accident was caused by an OSHA violation, this can be a big help to your case.
4. Statute of Limitations
In Arizona, the statute of limitations to file a personal injury lawsuit for a construction site accident is generally two years from the date of injury. For cases involving government entities like public construction projects, the statute of limitations is shorter so it’s important to act fast to protect your rights.
Missing this deadline will forfeit your right to compensation.
5. Comparative Negligence
Arizona is a pure comparative negligence state which means even if you are partially at fault for the accident you can still recover damages. But your damages will be reduced by your percentage of fault. For example if you are 20% at fault for your injuries, your total damages will be reduced by 20%.
Phoenix, Arizona Construction Site Accident Statistics (2023)
Construction site accidents in Phoenix continues to show the risks of the industry. According to data from Arizona Division of Occupational Safety and Health (ADOSH), here are the statistics for 2023:
- Total Accidents: 250 construction site accidents in Phoenix with injuries ranging from minor to severe.
- Injuries and Fatalities: 150 injuries and 10 fatalities among construction workers. Fatalities were mostly caused by falls, machinery accidents and electrocution.
- Common Causes: Most common causes of construction site accidents were falls from heights (35%), machinery malfunction (25%), electrocution (15%) and being struck by falling objects (10%).
These numbers show the risks of construction and the importance of following safety protocols and regulations.
Recent Personal Injury Case (2018)
One of the most notable construction site accident in Phoenix happened in 2018. A construction worker suffered life-threatening injuries after falling from scaffolding due to lack of safety measures. Worker was not provided with proper fall protection equipment and scaffolding did not meet OSHA standards.
Case:
- Worker sued the general contractor and scaffolding company for negligence and failure to follow OSHA regulations.
- Investigation revealed the scaffolding company had a history of safety violations and the general contractor had ignored previous warnings about the scaffolding.
Result:
Case settled for $5 million. Medical expenses, long term care, lost wages and pain and suffering. This case shows the importance of compliance with safety standards and accountability of contractors and third parties in construction accidents.
Why Choose Keller Swan for Your Construction Site Accident?
At Keller Swan we understand the construction site accident victims. Our team of experienced attorneys have in-depth knowledge of Arizona construction law, OSHA regulations and personal injury litigation so we can provide the best possible legal representation to our clients.
1. Expert Advocacy
Our attorneys have handled many complex construction site accident cases. We use our knowledge of construction laws, safety regulations and legal precedents to fight for your rights.
2. Client Care
We put our clients first and provide client care throughout the process. Our attorneys will listen to your concerns, evaluate your case and develop a plan to get you the compensation you deserve.
3. Results Oriented
Keller Swan has a history of getting big settlements and verdicts in construction site accident cases. We’re results driven and client focused.
What to Do After a Construction Site Accident
If you or a loved one has been injured in a construction site accident, do:
1. Get Medical Help
After a construction site accident get medical attention. Even if your injuries seem minor get a medical evaluation to document your injuries and get proper treatment.
2.
Notify your employer and get the accident documented in an official report. This will help with workers comp and potential third party claims.
3. Preserve Evidence
Document the accident scene by taking pictures of the hazards, equipment involved and any visible injuries. Get contact information from witnesses who can give statements about the incident.
4. Call a Lawyer
Contact a construction site accident lawyer at Keller Swan to talk about your case and your options. Our attorneys can guide you through the workers comp process, third party lawsuit and get you the full compensation you deserve.
Keller Swan
If you or a loved one has been injured in a construction site accident in Phoenix, Arizona call us today. Our experienced attorneys will fight for your rights and get you the compensation you deserve for your injuries and losses.
