How to Maximize Compensation After a Construction Accident

Did you know one-third of the top ten most dangerous jobs in the United States fall under the construction industry? From dizzying heights and unstable scaffolding to heavy machinery, each workday has a risk of serious injury. When an accident takes place, it can leave the victim with expensive medical bills, lost wages, emotional distress, and sometimes a lifelong disability. If you get hurt on the job, know your rights and the steps you should take to protect yourself and your future.

Common Types of Commercial Construction Accidents

The constant bustle and operations at a construction site can cause any of these accidents to happen at any moment:

1. Falls from Heights

One of the “Fatal Four,” falls are a main cause of injury and death in the construction industry. Workers often perform tasks on scaffolding, ladders, rooftops, or other elevated areas. A single misstep or unstable platform can lead to life-changing injuries such as broken bones, spinal damage, or traumatic brain injuries.

Arizona law requires employers to follow strict Occupational Safety and Health Administration (OSHA) regulations, such as providing fall protection equipment like harnesses and guardrails. Unfortunately, some employers cut corners, which increases the risk of falls.

2. Struck-by Accidents

Being struck by objects is another common cause of construction site injuries. Tools, debris, and materials like steel beams or bricks can fall from above and hit workers below. In some cases, workers get struck by moving equipment like forklifts or cranes.

Employers must enforce safety protocols, like securing loose tools and materials and establishing “hard hat areas.” Not following these guidelines can result in severe injuries, ranging from blunt head trauma to internal organ damage.

3. Machinery Accidents

Heavy machinery like bulldozers, excavators, and cranes can cause severe injuries if misused or if the equipment malfunctions. Workers can get caught in or between equipment, crushed by heavy loads, or suffer injuries from defective machinery.

Arizona’s workers’ compensation laws generally cover job-related machinery accidents. Injured workers may also pursue a third-party liability claim to recover additional damages if the equipment defect was due to poor maintenance or a manufacturer’s error.

4. Electrocution and Electrical Hazards

Electrical accidents can occur when workers come into contact with exposed wires, power lines, or improperly grounded equipment. These accidents can result in burns, nerve damage, or even fatalities.

OSHA regulations require Arizona construction sites to follow electrical safety protocols, such as using insulated tools and marking live wires clearly. If a contractor or third party failed to meet these standards, they might be held responsible for your injuries.

5. Trench Collapses

Working in trenches or excavations is especially dangerous. If a trench collapses, workers can be buried under soil, causing asphyxiation, crushing injuries, or death. Employers must shore up trenches and inspect them regularly to prevent collapses.

Arizona law holds employers accountable for violating OSHA’s trenching and excavation safety standards. Injuries from trench accidents often lead to long-term disability, making proper compensation essential for affected workers.

6. Fires and Explosions

Many construction sites involve flammable materials, exposed wires, and chemical storage, which can lead to fires or explosions. These incidents can cause severe burns, respiratory issues, or even loss of life.

Employers must ensure proper storage and handling of all hazardous materials. Injured workers might have grounds for additional claims beyond workers’ compensation if negligence leads to a fire or explosion.

Your Rights After a Construction Accident in Arizona

Arizona law requires all employers to carry workers’ compensation insurance to provide medical aid and wage replacement for injured workers. However, this coverage may not always address the full scope of an injury.

If you’ve experienced any of these accidents, consider speaking with an experienced construction accident lawyer. They can evaluate whether a third party, such as a contractor, subcontractor, or equipment manufacturer, bears responsibility. This may entitle you to additional compensation for any pain or suffering, lost wages, and medical expenses outside of workers’ compensation coverage.

Construction accidents are life-changing. By knowing the most common hazards, you can better protect yourself and your rights in the event of an injury. Don’t hesitate to seek support and guidance if you need it—you deserve to focus on your recovery while professionals handle the legal complexities.

How to Increase Settlement Value Following a Construction Injury

After a construction accident, getting the full compensation you deserve can seem like an uphill battle. Insurance companies can act in bad faith to minimize payouts, and employers may push back against claims. In Phoenix, workers’ compensation laws provide injured workers with financial relief, but these benefits are not always enough to cover all the losses, especially if negligence or third-party liability is a contributing issue.

To get maximum compensation, you need to take the right steps and understand how different factors influence your case. Here’s what you need to do and know.

1. Document Everything

Report the accident to your supervisor immediately, as Arizona law requires workers to notify their employer about workplace injuries as soon as possible. Delayed reporting can weaken your claim or lead to outright denial.

Keep a record of your doctor’s appointments, treatments, expenses, and correspondence with your employer or insurance company. Photos of the accident site, injuries, and unsafe conditions can strengthen your case. If witnesses saw what happened, get their contact information so their statements can support your claim.

2. Understand the Full Scope of Your Damages

In general, workers’ compensation covers medical bills and a percentage of lost wages, but it cannot make up for pain and suffering. To maximize your recovery, you need to account for all potential damages, including:

• Future medical and care expenses: For long-term injuries or disabilities
• Lost earning capacity: If your injury hinders you from returning to your previous role
• Emotional distress: Especially in cases involving severe trauma or life-altering injuries

If a third party, such as a subcontractor or equipment manufacturer, contributed to the accident, you might have grounds for a personal injury lawsuit. Unlike workers’ compensation, personal injury claims can include damages for pain and suffering.

3. Work with Medical Professionals

Follow your doctor’s recommendations and attend all appointments. If you ignore medical advice or miss checkups, the insurance company might argue that your injuries are not as severe as you claim.

Arizona law allows insurance companies to require an independent medical examination (IME). Be prepared for this step and consult an attorney if the IME seems biased or downplays your injuries. Related: First Meeting with a Construction Lawyer: Questions and Topics to Cover

4. Don’t Settle Too Quickly

Insurance adjusters may offer quick settlements to save money and close claims fast. These initial offers rarely reflect the full value of your claim. Accepting a low settlement could leave you struggling to cover ongoing expenses.

Take the time to calculate the total impact of your injury, including medical costs, lost income, and any long-term effects. A legal practitioner can negotiate on your behalf and help get a fair settlement offer.

5. Seek Legal Guidance

Construction accident claims can be convoluted and messy. Arizona state laws and workers’ compensation regulations have specific deadlines and requirements that you must meet. A seasoned construction attorney can help you figure out the system, gather the needed evidence, and fight for the full compensation you deserve. If a third party is responsible for the accident, your lawyer can pursue additional claims without you inadvertently waiving your rights by accepting an inadequate settlement. They can also handle negotiations with insurers and represent you in court if necessary.

Protect Your Rights and Maximize Your Construction Accident Settlement

Receiving a large settlement after a commercial construction accident requires knowing your legal rights and building a strong case. Don’t let the process’s complexity keep you from getting the support you need. Consult an accomplished construction accident lawyer in Phoenix with decades of experience handling these cases, such as our very own Atty. Scott Ryan, to simplify the process and help you focus on healing. Contact us now to let our team handle the fight and get you the compensation you deserve.