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Phoenix Construction Accident Lawyer

Unlike many other occupations, construction workers face some of the most demanding and dangerous job conditions. Although the industry is highly regulated to protect the safety and livelihoods of construction workers, thousands are killed every year due to negligence, and even more, suffer serious injuries. If you or someone you love has been injured in a construction accident, please contact the Phoenix construction accident attorneys at Torgenson Law today. We can discuss the details of your case in a free consultation and determine whether you have a viable claim.

Why Our Firm is Right for You

  • We have a deep understanding of both workers’ compensation and personal injury law; and will be relentless in our efforts to recover the compensation you deserve.
  • We are dedicated to providing honest and high-quality legal representation for every single client.
  • There are no legal fees if we don’t secure money for you.

Employer Liability in a Construction Accident

Often, individuals think that an employer is held responsible for an injury that happens in the workplace. When we look at the workers’ compensation laws in Arizona, we will see that this system is considered a “no-fault” system. What this means is that an employee can receive compensation regardless of who caused the injury. This system also typically prevents an employee from holding the employer accountable for the incident, with very few exceptions.

In other words, it does not matter who caused the incident; the employee will recover compensation for their medical bills and a portion of their lost wages regardless. The worker will typically not be able to file a personal injury lawsuit against the employer to hold the employer accountable for the injury. Under the workers’ compensation laws in Arizona, this also means that a worker will likely not be able to recover any compensation for pain and suffering damages.

What Factors Make an Unsafe Construction Work Environment?

Data presented by the Occupational Safety and Health Administration (OSHA) indicates that approximately 20% of all workplace fatalities during the latest reporting year in the United States happened in the construction industry. This is an astounding statistic, and we know that many thousands of workers sustained injuries that led to time away from work.

There are various factors that can lead to an unsafe work environment in the construction industry. In Arizona, construction is continuous, but some of the most common factors that lead to an unsafe worksite include:

  • Inadequate worker training. It is crucial for every construction employee, whether they are new or veterans in the industry, to receive regular training. Workplace safety standards can change, and workers need to know about these changes. Additionally, a continuous reminder about safety hazards in the construction industry is crucial because this prevents complacency.
  • No safety meetings on site. No two construction sites are exactly alike, and this means that there should be a safety briefing before beginning any new project or any new phase of an existing project. Anytime potential hazards at a job site change, there should be a safety meeting.
  • Inadequate protective gear for employees. All construction employees should receive adequate safety gear to ensure they remain safe throughout the day. This includes having high visibility clothing, hard hats, protective shoes, goggles, gloves, and any other type of gear needed to remain safe.
  • Hazardous workplace. All workplaces should be kept free and clear of any debris or hazardous elements that could lead to worker injuries. This includes hazardous chemicals or particulates, debris on the ground that could lead to a trip and fall incident, sharp objects, etc.
  • Defective tools or equipment. All tools and equipment at a worksite should be inspected regularly to ensure that they are not defective or falling apart. Any improperly-working tool or piece of equipment should be taken out of the job site in repaired.
  • Fall hazards. Construction workers face significant risks from falls. This includes slip and fall injuries that occur on the same level and falls that can occur from various heights at a construction site. Any loose debris around the job site should be cleaned up to prevent a slip and fall incident. Additionally, all scaffolding should be properly constructed and regularly maintained. All workers should receive proper harnesses so they can attach themselves to the scaffolding when working at heights.

Most Common Types of Construction Accidents

The most common types of construction accidents that lead to injuries or fatalities, according to the Occupational Safety and Health Administration (OSHA), are:


Falls account for the greatest number of construction accident fatalities (33.5%). They can often be the result of uneven or unstable work surfaces, a lack or misuse of fall protection equipment, or worker error.

Struck By an Object

Being struck by an object is an obvious hazard on a construction site, and account for 11.1% of construction worker fatalities. Materials and machinery can fall, fly, swing and collide into workers. Hard hats are essential to reduce the risk of a serious brain injury if struck.


Approximately 8.5% of annual construction worker fatalities are due to electrocution. This can happen when coming into contact with exposed wires, defective tools, the improper use of extension cords, or live power lines.

Caught In/Between

Being caught in or between objects is the cause for 5.5% of annual worker fatalities. It is an increasing cause of construction accidents. Workers may, for example, get wedged between heavy vehicles, stuck in a trench, or pinned in between objects.

Potential Liable Parties After a Construction Site Accident

As we mentioned above, it is unlikely that the employer or co-worker will be held liable for a workplace accident. However, if another party other than the employer caused the incident, they could be held liable through a third-party lawsuit. Some of the most common parties that could be held liable in these situations include the following:

  • Another contractor or subcontractor. This includes any subcontractor or contractor not employed by the construction company. There are often various types of contractors located at a job site not employed by the overall construction company, including plumbers, electricians, roofers, etc.
  • Equipment company or manufacturer. Construction employees and companies use various types of tools and equipment to get the job done. However, if any of the tools or parts used at a job site are faulty, the company or manufacturer responsible for the equipment could be held responsible for any injuries that occur because of the defect.
  • Property owners. The owner of the site where construction is taking place could be held responsible if the property is unreasonably dangerous or if they concealed any type of hazardous aspect of the property.
    Negligent employees/employers. While we did say that it is not likely that an employer or co-worker will be held liable for an injury at a job site, it may still be possible to hold any party responsible if their gross negligence or intentional actions caused an injury. For example, if an employee comes to work impaired by alcohol or drugs and subsequently causes an injury to another worker, it may be possible to hold them responsible through a third-party personal injury lawsuit. Additionally, if an employer willfully violates safety standards put in place by federal or state regulators, it may be possible to file a lawsuit against the employer to recover additional types of compensation.

What Are Your Legal Options?

If you or somebody you love has been injured as a result of a construction accident in the state of Arizona, you deserve compensation for your medical bills, a significant portion of your lost income, and disability benefits if you sustain a long-term injury. However, we understand that recovering this compensation can be challenging. Employers and insurance carriers can push back against having to pay out compensation for a legitimate claim. We strongly recommend that you contact a skilled Phoenix construction accident attorney as soon as possible.

A lawyer can get involved and handle every aspect of your claim. They will conduct an independent investigation in order to determine exactly what happened to obtain the evidence needed to prove liability. A skilled workplace accident lawyer will ensure that their client is evaluated by trusted medical professionals who can treat their injuries and provide another opinion about the severity of the injuries.

Finally, an attorney will vigorously negotiate with the insurance carriers and help the client move through the workers’ compensation appeals process all the way to trial if necessary.

If your injury was caused by a third party aside from the employer or a co-worker, an attorney will explore filing a civil personal injury lawsuit against the party to recover fair compensation for their client.

One of the benefits of filing a third-party lawsuit, if one is appropriate, is that the worker will likely be able to recover additional types of compensation above and beyond what would be available through a traditional workers’ compensation claim. Not only will this include coverage of all medical expenses, but it would include coverage of all lost income as well as various types of pain and suffering damages.

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Compensation for Your Construction Accident Lawsuit

Many Arizona construction workers believe that workers’ compensation benefits are their only option after being injured on the job. This is not always the case. Although workers are often not able to sue their employer, under certain circumstances, accident victims can file a personal injury or product liability lawsuit. Property owners, contractors, product manufacturers, maintenance companies and/or architects may be held responsible if their negligence resulted in the injury or death of a worker. Therefore, you may be entitled to recover full lost wages and benefits, medical expenses, and damages for pain and suffering.

Why You Need an Attorney for Your Construction Accident Case

Only a thorough investigation of medical records, the construction site, witness statements, and parties related to the incident can help to determine liability, as well as the laws applicable to your claim. A skilled construction accident attorney will have the ability to investigate your accident, identify any liable parties, and determine the type of claim you should pursue. Construction accident victims in Arizona must act quickly, as the law typically only allows two years to file suit.

How to File a Fatal Construction Accident Claim in Phoenix

Arizona law allows family members of employees killed in construction accidents to seek compensation for their losses. Anytime a person loses their life due to the careless or negligent actions of someone else, the spouse, children, or parents of the deceased can file a wrongful death claim.

In general, the family members of the deceased can collect more than what a typical workers’ in Arizona would allow after a construction site injury occurs. We understand that no amount of money can change what happened, but it can help family members cover their financial hardships caused by the death. Additionally, a wrongful death lawsuit can help hold any negligent party responsible for their actions and hopefully prevent future workplace deaths.

If you have lost somebody that you love in a construction accident in Arizona, you need to reach out to an attorney immediately. An Arizona wrongful death lawyer can help file these claims on behalf of the family to hopefully recover:

  • Past and current medical bills arising due to the incident
  • Funeral and burial expenses
  • Loss of future expected earnings of the deceased
  • Various types of emotional and psychological pain and suffering damages

Call Our Phoenix Construction Accident Lawyers

We have more than 20 years of experience recovering compensation for injured clients. Please contact our Phoenix injury lawyers for a free consultation if you or a loved one has been injured in an accident on a construction site.