The Tucson area is growing by leaps and bounds as people take advantage of the year-round warm weather and the friendly business environment. More people mean that more buildings are needed to accommodate. It often feels like Tucson is one giant work zone, and this means there can be more construction accidents.

If you or someone you love suffered injuries, you want a trusted Tucson construction accident lawyer on your side. Contact Zanes Law Injury Lawyers for help today.

Recent Tucson Construction Accident Fatalities

For the employees tasked with building, constructing Tucson is a dangerous job.

In recent years, there have been numerous examples of Tucson workers paying with their lives on construction sites, including:

  • A subcontractor died while working on a construction project upgrading a power station. A heavy pipe fell on his head and killed him instantly.
  • A trench collapsed at a Tucson job site, killing one worker who was buried alive.
  • A woman died at a job site when a piece of excavating equipment struck her.

These are just the recent fatalities. Numerous workers suffer injuries each year at Tucson job sites, and their lives could suffer devastating consequences.

Sadly, employers and third parties keep taking shortcuts on safety and unnecessarily injuring workers. When this happens to you, don’t hesitate to call Zanes Law Injury Lawyers.

Leading Causes of Construction Accidents and Injuries

Tucson Construction Accident LawyersConstruction site accidents can have many causes, including:

  • Moving machinery
  • Faulty or defective power tools
  • Faulty construction equipment
  • Equipment and machine operator error
  • Dangerous contact with worksite objects
  • Body parts becoming tangled in machinery
  • Slips and falls from ladders and scaffolding
  • Dangerous contact with worksite equipment

By its very nature, construction worksites are rife with potential dangers and hazards. While most construction sites adhere to applicable safety rules, accidents do still happen. The construction industry is one of the most dangerous industries in the US.

When you are the victim of a construction accident, you need the help of a construction accident lawyer in Tucson. Call Zanes Law to speak to an attorney near you today.

Types of Construction Site Injuries and Fatalities

The Occupational Safety and Health Administration (OSHA) cites the following statistics in their latest report. The leading causes of construction-related deaths were falls, being struck by objects, accidental electrocution, and being caught or crushed between machinery or equipment resulting in 5,147 fatalities.

In addition to carelessness and operator error, some construction accidents occur due to a failure to meet the safety requirements established by OSHA. The ten most frequently cited OSHA standards violations in 2018 include:

  1. Fall protection
  2. Hazard communication standards
  3. Scaffolding and general requirements
  4. Respiratory protection
  5. Control of hazardous energy sources
  6. Ladders and other lifting equipment
  7. Powered industrial trucks
  8. Fall protection–training
  9. Machinery and machine guarding
  10. Eye and face protection

If any of these OSHA violations contributed to the construction accident that caused your injury or disability, a construction accident lawyer in Tucson, AZ can help you build a personal injury or worker’s compensation case. You deserve to be compensated for your injury and loss. Call Zanes Law today to get the help you need to file your injury claim.

How and Why Construction Job Sites Can Injure You

Construction job sites are dangerous. Workers are often far above the ground on things like scaffolding. There is heavy equipment moving around and many other workers doing their tasks. Simply stated, there are too many things that could go wrong and injure workers, even when they are doing nothing wrong themselves.

Construction accidents often happen because contractors and other businesses cut corners to save expenses. They have a budget going into the project, and cost overruns and other expenses could cut what they make. Some major things that they may cut back on are safety and training. They may also purchase substandard building materials to save money. Even still, when that is your employer, it is difficult to file a lawsuit. Nonetheless, you could still receive compensation for your injuries.

The Most Common Construction Accidents

Common construction accidents include:

  • Falls – Falls are the most common worksite injury. Workers are not properly secured, or they have bad footing. They may also slip and fall over debris or a tripping hazard.
  • Falling debris – Construction equipment and building material may not be properly secured, and it could strike workers or people near the job site.
  • Equipment injuries – Workers are often injured when construction equipment (such as a backhoe or bulldozer) runs them over. They may also be severely injured if they are onboard the machinery and it tips over.
  • Crush injuries – Workers can get trapped between machinery and the ground or walls. Equipment or machinery could tip over and crush them.
  • Electrocutions – Electrical wires are common on worksites, such as buried power lines and other utilities near the ground. When these are not properly marked, the wires can electrocute workers.
  • Trench collapses – The ground is often very unstable on construction sites. It can sink or collapse under the feet of employees and bury them alive.
  • Cranes – These large machines can tip over and injure people on the ground. They could also make contact with power lines and cause electrocution. Finally, loads could fall off the crane and strike job site workers or passersby.
  • Ladders and scaffold injuries – Workers can fall from heights when the ladder or scaffold is not properly secured or is defective.

Employers Do Not Always Follow OSHA Regulations

Federal rules and regulations are supposed to keep workers safe on the job. The Occupational Health and Safety Administration (OSHA) has hundreds of rules aimed at protecting workers. These govern everything from training to other safety measures. They cover things like crane and ladder safety.

Unfortunately, many contractors and employers do not follow these rules. Although an injured worker cannot sue them directly for breaking these rules, a court could punish a contractor or employer for noncompliance. However, if someone who was not your employer broke an OSHA rule, it is evidence that could go against them in a lawsuit.

Injured Workers’ Options to Pursue Financial Compensation for Their Injuries

There are two possible directions that an injured worker may follow after they have suffered a construction injury.

If an injured worker has no other possible lawsuit against someone else, the first option is filing a workers’ compensation claim, which covers many injuries occurring on construction job sites.

Here is what you need to know about workers’ compensation claims:

  • If you sustained an injury at work, you generally could not sue your employer. Instead, you must file a workers’ compensation claim under most circumstances.
  • Workers’ compensation will pay for your medical costs, job retraining, and a portion of your salary (up to a limit).
  • You may be eligible for a settlement if you are no longer able to work.
  • You must notify your employer of the injury within a certain time frame and file your claim on time.
  • You are dealing with an insurance company, so they may reject the claim if they believe that the evidence does not support it.
  • Workers’ compensation is not interested at all in who is at fault. Even if you were entirely to blame for your own injury, you could receive compensation for your injuries.

Who to File a Personal Injury Lawsuit Against

Tucson Construction Accident AttorneysThe other option is filing a personal injury lawsuit. Even though workers’ compensation claims are common, this happens more often than you think on job sites. The key is to have a third party who is not your employer that you could sue.

On a construction site, this could be multiple entities, and you may file a lawsuit against anyone else who is not your employer, including:

  • The company that owns the job site
  • Another contractor on the site when their negligence has caused your injury
  • The manufacturer of equipment of tools that was defective and injured you
  • A government agency
  • An architect or engineer working at the site
  • Anyone responsible for dangerous substances that may have sickened you

Non-Workers May Also File a Lawsuit

In addition, people suffering injuries on or near the worksite may also sue if they have no employment relationship with the contractor. The most common example of this is falling debris or construction equipment striking a passerby. A collision with a truck entering and exiting the job site is Another example of a construction site injury.

Non Worker injuries can be every bit as devastating as worker injuries. The general contractor is supposed to secure the site and help prevent things from injuring passerby in the area. They would also need to alert the public to dangerous conditions caused by their job site. Here, you could file a straight negligence lawsuit, and you do not have to file a workers’ compensation claim.

A Construction Accident Lawyer Can Help You File a Personal Injury Claim

Tucson Construction Accident LawyerOn your own, it can be difficult to uncover the right person or entity to pursue in your injury claim. If a third party is responsible for your construction accident, your attorney can help you hold them accountable for the role they played in your current condition. A third party is defined as a person or company other than your employer such as an equipment manufacturer. If faulty tools or defective equipment led to your construction accident, your attorney will help assign liability and seek appropriate compensation.

Filing a Workers’ Compensation Claim for a Construction Accident

You may be entitled to workers’ compensation benefits when you are injured or disabled in a construction accident. In Arizona, you might be eligible to receive more than sixty-six percent of your monthly salary from workers’ compensation. In some cases, workers’ compensation coverage may also pay for necessary medical treatments with no out-of-pocket expenses on your behalf. Your attorney can help you understand the workers’ compensation benefits you might be entitled to receive.

Understanding Your Rights in a Construction Accident in Tucson

If you or a member of your family suffered an injury, disability, or loss of life while working on a construction site, your attorney can help you receive a monetary award for your medical and other accident-related expenses. Construction accidents are serious matters that can leave you with severe, even life-threatening, injuries.

Construction site safety is an important issue. OSHA imposes rules, regulations, and safety guidelines designed to cover and protect construction workers across the state. When these guidelines are not adhered to, the construction site is no longer a safe place to work. If you believe OSHA guidelines were not met on the construction site where you were injured, we can help. Schedule your free consultation with an attorney today.

How a Tucson Construction Accident Lawyer Can Help You

Given the range of possible outcomes, it is vital to have a lawyer who can investigate your case to determine what happened and who may be responsible.

Your construction accident attorney may:

  • Speak to witnesses who were at the scene and saw what happened.
  • Visit the accident scene and make observations.
  • Review photographic evidence and pictures.
  • Review medical records to better tie the injury to the accident.

If you are suing someone else, you will be required to prove that they were negligent in your accident, often the best-case scenario for injured construction workers when faced with a choice between a lawsuit and a workers’ compensation claim. As you will see below, you could get more in a negligence lawsuit.

How to Prove Negligence in a Tucson Construction Accident Lawsuit

In proving negligence for a construction accident lawsuit, you would need to show four different elements. The burden of proof is on you as the plaintiff, and you must carry it by a preponderance of the evidence. More simply put, you must show that something is more likely than not to have happened.

The parts of the negligence test include:

  • Duty of care – In some circumstances, one owes the other the duty of care to exercise reasonable care and avoid causing them injury.
  • Breach of duty – When you owe a duty of care to someone to act reasonably, it follows that you breach it by acting unreasonably under the circumstances, always a relative issue. What may be reasonable under some circumstances may be unreasonable under others.
  • Injury – You have suffered some sort of damage, whether it is physical or to your property.
  • Causation – You must prove that you would not have received an injury had it not been for someone else’s actions.

First, you may try to file an insurance claim or settle the case after filing a lawsuit. Construction accident cases do not always go to court. Most often, they will settle either with the insurance company or before a case goes to trial. To begin the process, you would need to file a claim or a lawsuit. That starts with calling an experienced lawyer.

You Need an Experienced Tucson Construction Accidents Attorney

Not every attorney has the expertise to handle construction accidents. These cases are different from many other personal injury cases. Given the number of “moving parts” at a construction site, they can be far more complex, which is why you need an attorney with a track record of handling construction accident cases, and that is what we have at Zanes Law.

The Damages You Can Recover After a Tucson Construction Accident

Your damages after a construction accident could be considerable. How much you may get depends on what type of claim that you file.

If you file for workers’ compensation benefits, you could receive compensation for:

  • Wages
  • Medical expenses
  • Rehabilitation costs
  • Job retraining expenses

For many, this helps ease some financial burdens from the construction accident. While you do not receive all of your wages, and there is a limit on the lost wages, at least there is some money coming into your account each week.

The compensation in a personal injury claim can be far broader, although this option is not always available. The major differences are that there are no limits on your lost wages, and you can receive pain and suffering damages. These are usually some of the larger elements of your accident damages. There is a big difference between the support that helps you pay the bills each week and a large settlement that could give you peace of mind for the rest of your life. Nonetheless, if workers’ compensation is the only option available to you, then you should pursue it.

Get to the Bottom of Your Legal Options Quickly

Doug Zanes

Doug Zanes, Tucson Construction Accident Lawyer

Either way, you need to know your legal options quickly because you may need to start the legal process in short order. If you end up going down the workers’ compensation route, you need to notify your employer of the injury and begin to move sooner. The quicker you begin, the sooner you can be on the road to receiving your money if you are legally entitled to it. You will also want the peace of mind that comes from knowing that you have a fighter in your corner.

Speaking with a Construction Accident Lawyer in Tucson

While you may be struggling physically or dealing with serious injuries to loved ones, there is every incentive and reason to call an attorney as soon as possible. We could immediately get moving to investigate your accident and pursue financial compensation on your behalf.

The alternative is dealing with a difficult situation on your own when powerful forces work against you. Zanes Law Injury Lawyers can put you on the same legal footing as the defendant and the insurance company because we will fight for you. Contact us today at (520) 777-7777.

Tucson Office
4580 E Grant Rd #101
Tucson, AZ 85712
(520) 777-7777

Get in Touch
Free Case Evaluation
Please don't hesitate to reach out. We are here to help.