In the aftermath of a construction accident, consulting with an attorney can be helpful. With a difficult recovery process, both physically and financially, legal representation can offer you the practical support you need to focus on your health and healing.
Here are a just few key ways an attorney may assist:
- Explaining your rights and options following the accident.
- Acting as your representative in discussions with insurance companies.
- Negotiating with healthcare providers to potentially reduce medical bills.
- Assisting in the pursuit of compensation through legal claims, if appropriate.
In this blog, we will review a few commonly asked questions about construction-related accidents and what steps you can take if you or a loved one is injured.
What Is the Most Common Construction Accident?
The most common construction accidents are falls, including those from ladders, scaffolding, roofs, or any elevated work area. These incidents account for a significant portion of accidents on construction sites due to the dangerous nature of working at height and sometimes inadequate fall protection measures.
Other common construction-related accidents include:
- Slips, trips, and falls due to uneven surfaces or obstacles.
- Being struck by falling objects, such as tools or materials.
- Electrocutions from exposed wiring, power lines, or improper use of equipment.
- Caught-in/between accidents, where workers are caught in or compressed by equipment or objects.
- Machinery accidents involving heavy equipment such as cranes, forklifts, and bulldozers.
- Overexertion and repetitive motion injuries from lifting, carrying, and using hand tools.
Each of these accidents highlights the inherent risks present on construction sites and underscores the importance of safety protocols and training.
Determining Liability in Construction Accidents
Determining liability in construction-related accidents is a multifaceted process involving thoroughly examining the circumstances surrounding the incident. These cases tend to be quite complex because of how many different people, companies, or organizations may bear liability in an accident.
Potentially liable parties may include but are not limited to:
- Construction site owners
- Contractors and subcontractors
- Equipment manufacturers
- Other construction workers
Assessing liability typically involves determining which parties had a duty to ensure safety, whether that duty was breached, and if that breach directly resulted in the accident and subsequent injuries. This process often requires the guidance of qualified legal professionals, like ours at Alex & Associates, P.C., familiar with Arizona OSHA regulations and how cases like these are adjudicated.
Arizona's Comparative Negligence Statute
In the context of construction accidents in Arizona, the state's comparative negligence statute plays a crucial role in determining compensation. Under this statute, if a party is found to be partially at fault for their own injuries, their compensation may be reduced by their percentage of fault.
However, Arizona also allows for the injured party to receive compensation still even if they are found to be partially responsible. The exception to this is when an injured party's actions contributing to the accident were found to be intentional, willful, or wanton.
Steps to Take Following a Construction Accident
If you or a loved one has been injured in a construction accident, it's crucial to take immediate steps to protect your health and legal rights.
Five immediate steps you can take post-accident are as follows:
- Seek medical attention: Your health is the top priority. Even if injuries appear minor, underlying issues may not be immediately apparent.
- Report the accident: Notify your supervisor or the construction site manager about the accident as soon as possible. This ensures the incident is officially recorded.
- Document everything: Take photos of the accident scene, your injuries, and any relevant equipment or conditions that contributed to the accident. Gather the names and contact information of any witnesses.
- Keep records: Save all medical records and receipts related to your injury and treatment. Document any time missed from work and how the injury impacts your daily life.
- Consult with our firm: Schedule a consultation with our firm before signing any documents or agreements, especially from insurance companies or employers.
These steps can be pivotal in your recovery and building a strong foundation for any legal action. Do not hesitate to reach out to us at Alex & Associates, P.C. for a consultation. Our experienced attorneys are here to advocate for you.