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One of the most dangerous operations in the construction industry is demolition, as the potential for catastrophic accidents is high. Employers are required to supply workers with a certain level of protection and training, in order to keep them safe during such major undertakings.
When accidents do occur on the job as the result of a failure to follow proper procedures, you may be entitled to compensation if you were injured.
It is no secret that Phoenix has undergone much construction, including demolition, in recent years, and there have been 14 major demolition sites in the past decade, for example. While some of these demolitions have general support, others are controversial and garner much attention. And when an accident occurs, whether the victims are at work or just happen to be at the wrong place at the wrong time, serious injuries can result.
Some of the most common types of demolition site accidents in the Phoenix area include:
Demolition activities are inherently dangerous, to both workers and passersby. The following are some injuries that are common in most Phoenix-area demolition accidents:
By law, employers are required to carry workers’ compensation insurance for employees injured on the job. This insurance will provide benefits to cover medical expenses in full, a percentage of lost wages, and death benefits if the injury was fatal. In Phoenix, the Arizona Workers’ Compensation Act applies, requiring most employers to carry a minimum policy for the protection of their employees.
After a workplace injury during a demolition, the victim may be able to recover medical benefits, lost wage benefits, and scheduled and unscheduled benefits for certain permanent work-related injuries. You will need to be sure you file your claim in a timely manner, as soon as possible after your Phoenix demolition injury.
Another avenue in some demolition accident cases is filing a claim for negligence. In most circumstances, employers who carry workers’ compensation insurance are protected from being named in a lawsuit for negligence. However, it’s possible that a third party shares in the responsibility for the accident and liability, which means that your demolition accident may necessitate more than a workers’ compensation claim.
Phoenix demolition accidents sometimes involve victims other than construction workers, such as bystanders or employees of sub-contractors, who will not be protected by workers’ compensation law and will need to establish a negligence claim for liability instead.
To prove a claim for negligence, you will need to show that the other party owed you a duty of reasonable care towards your safety and breached that duty. You will also need to show that the party’s breach directly caused your injuries, leading to your damages.
Some examples of third parties who may be liable for your injuries include:
If your claim is successful, you may receive damages for both your out-of-pocket expenses and your general damages. Out-of-pocket expenses include:
General damages include pain and suffering, the loss of enjoyment of activities, compensation for scarring or disfigurement, and a general decline in your quality of life.
Following a Phoenix demolition accident, hiring an Phoenix Demolition Accidents and Injury Lawyer to investigate the circumstances of your accident will be critical in holding the responsible parties accountable for your injuries. Your attorney will help preserve important evidence and put together a strong case on your behalf, negotiating with the responsible parties and their insurance companies toward a fair and reasonable settlement.
At Torgenson Law, we have more than 20 years of experience in personal injury law to apply to your demolition accident case. We cover all of the costs of preparing and prosecuting your case, and will only be paid when you are. While we handle every detail of your claim you will have the ability to directly communicate all of your needs and concerns with your attorney.
If you or a loved one has suffered a serious injury as a result of a demolition accident, contact Torgenson Law online, or give us a call at 602-726-0747 to discuss your case. Our Phoenix demolition accident and injury lawyers can guide you to determine exactly what legal remedies are available to you.
