Practice Areas
Construction Accidents
Why Hire Hastings & Hastings?
Over 40 Years Advocating for Injury Victims
Hastings & Hastings has spent over 40 years advocating for construction injury victims in the Phoenix area. Our team understands how serious construction accidents can affect your health, income, and future, and we work to help you move forward with the support you need.
Free Case Consultations With an Arizona Attorney
We offer free case consultations with one of our licensed Arizona attorneys, so you can better understand your rights and legal options after a construction accident. You can ask questions, discuss what happened, and learn what steps may be available without any upfront cost.
A Discount Fee That Helps You Keep More
Our "Discount Fee" means that we don’t charge you 1/3 of your settlement like most lawyers do. This approach is designed to help injury victims keep more of their recovery after a difficult accident.
Meet Our Founding Attorney
Founding attorney David G. Hastings created Hastings & Hastings in 1981. After graduating from the University of Arizona in business administration and law, Mr. Hastings began his legal career working for insurance companies, eventually shifting to represent victims of negligence. Since then, Mr. Hastings has become known as “The Discount King”, nicknamed by the Arizona Business Gazette, because he works hard to save his clients money.
In addition to working hard to advocate for his clients, Mr. Hastings is involved in local philanthropy. He is involved in supporting organizations such as Special Olympics Arizona and Phoenix Children’s Hospital, as well as helping build homes in Mexico with 1Mission.
Client experiences
Trusted by injury victims
across Arizona
I would highly recommend Hastings and Hastings to anyone I know.
I was very happy with the result!
I’m so pleased with my experience with them.
Is My Employer Liable for a Construction Accident?
According to both OSHA and ADOSH, it is the responsibility of the employer to ensure that your worksite is safe. This includes construction sites. When construction site accidents occur, it means that an employer usually holds at least some of the responsibility of ensuring that the medical expenses and lost wages of the employee are taken care of. Yet, others may also be responsible as well.
What Are the Most Common Causes of Phoenix Construction Accidents?
Construction sites are dangerous and filled with potential safety hazards. Even if workers and visitors do their best to manage and improve the safety conditions of the site, accidents still occur. The most common causes of Phoenix construction accidents include:
- Inexperienced or distracted equipment drivers of trucks, bulldozers, or other pieces of equipment or heavy machinery or smaller construction vehicles such as forklifts. Our legal team handles all types of truck accident cases and beyond.
- Employees or contractors falling from platforms, scaffolding, beams, lifts, roofs, or ladders
Gas lines, gasoline, and other flammable or explosive materials - Heavy objects and materials such as tools, bricks, stones, and concrete blocks can cause serious and even deadly injuries if they fall onto employees, contractors, visitors, or pedestrians
- Workers or contractors who handle electrical systems and wiring
- Slips and falls due to various reasons such as equipment left on the ground, spills, holes, and uneven pavement
- Scaffolding and crane collapses
- Unguarded edges
Should I File a Workers’ Compensation Claim for a Construction Accident?
Eligibility For Workers’ Compensation in Arizona
Understanding the eligibility criteria for workers’ compensation in Arizona is vital if you suffer a job-related injury or illness. Staying informed helps to ensure that your rights are fully protected and that you maximize any potential benefits.
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You Must be an Employee
In Arizona, one of the first eligibility requirements for receiving workers’ compensation is that you must be an employee. If you’re an independent contractor, casual or occasional employee, or domestic worker, you usually aren’t covered by workers’ comp insurance.
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Your Injury Must Occur on The Job
To qualify for workers’ compensation in Arizona, your injury or illness must have occurred while performing tasks that are a part of your job duties. If you get injured outside the typical performance of these tasks – even if you happen to be at work when it happens – the injury may not be covered. However, there are some gray areas – for instance, an employee who gets injured during a lunch break while being required to stay on company premises might be eligible for benefits.
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Your Commute Usually Isn’t Covered
In general, injuries sustained while commuting to and from work are not covered by workers’ compensation.
Qualifying for workers’ compensation can sometimes be complex, so having legal counsel on your side will help ensure that you make informed decisions every step of the way.
Other Workers’ Comp Exclusions
There are some other situations in which a worker won’t be eligible for workers’ compensation benefits, including (but not limited to):
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Self-Inflicted Injuries
Workers’ compensation won’t cover injuries that are self-inflicted. If an injury is the result of your own misconduct, including violating company policy or protocol, it’s likely to be excluded from coverage under workers’ comp.
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Injuries Resulting from Intoxication or Drug Use
Workers’ compensation generally doesn’t cover injuries that result from the employee’s use of drugs or alcohol. That means if an employer can demonstrate that your work-related injury occurred while you were under the influence, you could be disqualified from compensation.
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Injuries from Horseplay or Roughhousing
Workplace accidents arising from horseplay, pranks, or roughhousing likely aren’t covered by workers’ compensation either. For example, if two employees are pretending to wrestle each other and it takes a turn for the worse and results in an injury, that would ordinarily fall outside the scope of what’s “work-related.” This underscores the importance of maintaining professional conduct at all times when on duty.
It’s important to know these exclusions because they play a part in determining what situations are deemed compensable.
Proving an Injury Was Work Related
Eyewitness Testimony
Having colleagues or other eyewitnesses confirm what happened can support your account and help demonstrate the relationship between work and your injury. Their statements may solidify facts like timelines, location, context, and just generally what happened to cause the accident.
Medical Records
Medical records corroborate the nature and extent of your injury. They can reveal information such as the date and time of the initial medical attention, how you explained the occurrence to healthcare providers, the type of injuries sustained, and treatment protocols followed.
Video Surveillance
If available, surveillance footage from security cameras provides objective visual evidence supporting your allegations. This type of documentation is particularly effective because it offers undisputed insights into what happened.
Your Written Notification to Your Employer
You should always notify your employer right after the accident occurs. It demonstrates that an injury did occur and that it was serious enough to report immediately. This notification ensures there is a formal record of the incident within your workplace.
The evidence listed above is just an example of the ways you can prove your injury was work-related. Each claim is different and may require additional types of evidence not mentioned. Always work with a lawyer as soon as possible.
However, this is only one of your options. You may also have the option to file a claim for personal injury against third parties who may also be liable for your injuries. A third party may include but may not be limited to:
- The general contractor
- Equipment suppliers
- A sub-contractor
- Guests
- The construction site owner
- Trespassers
- Equipment manufacturers
- The architects
- Machinery manufacturers
- The engineers
Compensation You Can Recover in Construction Accidents Against Third Parties
If you’ve suffered a construction site injury caused by the negligence of a third party, not only can you make a workers’ compensation claim but you can also seek damages through personal injury litigation. The compensation that could potentially be recovered in such suits usually falls into three categories: economic damages, non-economic damages, and punitive damages.
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Economic Damages
These are designed to compensate for financial losses incurred as a result of your injuries. They include all quantifiable out-of-pocket expenses, such as medical bills (both present and future), loss of wages if the accident keeps you from working, property damage, and other expenses you’ve incurred as a result.
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Non-Economic Damages
Non-economic damages compensate for more subjective, non-monetary losses that are directly caused by the injury. This category encompasses pain and suffering, emotional distress, and loss of enjoyment of life. It could also include expenses for seeking out mental health treatment, like therapists and psychiatrists.
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Punitive Damages
Punitive damages are intended to punish the wrongdoer and deter similar behavior in the future. In Arizona, for punitive damages to apply, it must be proven that the defendant acted with an “evil hand and evil mind.” These types of damages are rarely awarded, as the standard is quite high.
Navigating the complexities of a third-party claim can be difficult without appropriate guidance, so consulting with a construction accident attorney could prove to be very beneficial.
Get a Free Consultation With Phoenix Construction Accident Attorneys
Phoenix construction accident attorneys are well-versed in the intricacies of personal injury and workers’ compensation law. If you have been injured in a construction accident, their expertise can guide you through complex legal matters, ensuring your rights are fully protected. They tirelessly fight for deserving clients to secure compensation like medical expenses, lost wages, and other damages associated with these painful accidents. If you or someone you love was injured in a Phoenix construction accident, the experienced attorneys at Hastings & Hastings are here to help. Schedule your free consultation today.
You pay nothing upfront and nothing out of pocket. Hastings & Hastings only gets paid if your case results in a recovery.
Hastings & Hastings is known for its 29% settlement fee, giving clients a more affordable way to get experienced legal representation.
Compared to firms that charge 33.33%, our lower fee structure gives Hastings & Hastings a meaningful cost advantage.
Our Accident & Injury Attorneys Can Help
At Hastings and Hastings we understand that car accidents can cause all types of injuries. These injuries can range from neck and back pain, to much more severe and permanent injuries, or in the worst case — a fatality. Hastings and Hastings offers over 90 years of combined legal experience in handling all types of accident injuries and we urge you to call now to schedule an appointment to meet with an experienced Phoenix car accident attorney.
Free Consultation
Talk with Hastings & Hastings about your case
If you were hurt in an accident, our team is here to listen, answer your questions, and help you understand the next step.
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