Phoenix Arizona Workplace Accident Attorney
The typical American spends around 2,000 hours working each year. During the workweek more time is spent working and commuting to and from the workplace than is spent sleeping, performing household chores or engaging in leisure activities.
Americans are known for being hard workers and logging lots of hours at the office—whether that office is a cubicle, a construction site, a farm, a factory or a vehicle cabin. Your job gives you a sense of purpose and provides security. A workplace accident that causes you to miss time, however, can shatter your sense of security and make it necessary to find other income sources.
Virtually all Arizonans who are injured on the job can file a claim for workers’ compensation. But legitimate claims are sometimes denied by employers, and even if your claim is accepted, it may not provide adequate compensation, especially for serious injuries. Depending on how you were hurt, additional compensation may be available through a lawsuit.
In a workplace accident dispute your employer’s interests are protected by their insurance company and attorney. Do you have somebody looking out for your interests?
The Resendez Injury Law Group stands up for injured Arizona workers and helps them obtain the money they need to live a normal life following an on-the-job injury. You’ve worked hard to get where you are, and Rudy Resendez wants to make sure you’re taken care of until you can return to work.
Talk to an experienced Phoenix workplace accident lawyer for free by calling (602) 824-9444 or sending us a message.
Workplace Accident Facts and Statistics
Incidents such as factory explosions and crane collapses that kill and injure dozens of workers tend to make headlines, but it’s more mundane incidents like falls, slips and overexertion injuries that impact the greatest number of workers.
- Each week in the United States an average of 85 workers are killed and more than 11,000 are injured.
- According to the Liberty Mutual Workplace Safety Index, the leading causes of disabling workplace injuries are overexertion, falls, being struck by an object or equipment, roadway accidents, and slips/trips. These and other accidents result in more than $55 billion in direct workers compensation costs.
- Over a recent five-year period Arizona experienced around 90 occupational fatalities per year.
- The most dangerous Arizona industries to work in, based on lost workday claims, are construction, manufacturing and transportation.
- In a recent year nearly 100,000 Arizona workers’ compensation claims were filed. Around 14,000 awards per month were issued.
Compensation for Workplace Injuries
Injured Arizona workers have two means of financial recourse: the state workers compensation system and private lawsuits.
Workers Comp Claims
Workers compensation is a “no fault” system. That means you don’t need to show that employer or co-worker negligence (carelessness or recklessness) caused your injury. In exchange for no-fault liability, however, you cannot sue your employer except under very limited circumstances.
Arizona workers comp covers the following:
- All medical expenses associated with an on-the-job injury
- Lost wage compensation in the amount of 66.66% of your average monthly wage (if an injury prevents you from working for more than 7 days)
- For permanent injuries, permanent compensation and job training benefits
- Death benefits (for the surviving family of a fatally-injured worker)
Third Party Lawsuits
Earning just two-thirds of your average salary through workers comp means that you could face financial shortcomings during your recovery from injury. And while you may not sue your employer for a work-related injury, you may be able to sue a party with whom you have no employment relationship. Workers’ compensation does not exclude a third party lawsuit; you may be able to obtain injury money from both.
For example, if you’re a construction worker who trips and falls over equipment left on the ground by a subcontractor who works for a different company than yours, you might be able to file a lawsuit against that subcontractor or his employer. The property owner or general contractor might also be liable for not maintaining a safe work environment.
Similarly, if you’re driving a company vehicle during work hours and are struck and injured by another driver, that driver might be liable for your injuries.
For any given accident there may be numerous “third parties” who contributed to your injuries. Third party wrongful death lawsuits are also possible.
Careful accident investigation by an experienced lawyer can uncover all potentially liable parties and give you the best possible chance of recovering adequate compensation.
Legal Help for Arizona Work Accidents
Under Arizona law, you should report a workplace accident immediately to your supervisor. You have one year from the date the accident occurred—or from the date you noticed your injury—to file a workers comp claim. For third party claims, you have two years to initiate legal action.
Well before these deadlines expire, you should discuss your accident with an attorney. Not only can Rudy Resendez help to make sure your initial claim is accepted, he can also help you protest a denied claim and explore a potential lawsuit against a non-employer or non-coworker.
Protect your interests and your family’s security: schedule a free consultation with the Resendez Injury Law Group.
From our Phoenix offices we serve clients in Peoria, Avondale, Goodyear, Buckeye, Surprise, Mesa, Scottsdale, Chandler, Tempe, Gilbert, Queen Creek and all other areas of Arizona including Flagstaff, Yuma and Gila Bend.
For More Information:
- Industrial Commission of Arizona:
- Centers for Disease Control and Prevention: Occupational Safety and Health Risks
- Bureau of Labor Statistics: American Time Use Survey