Suing Your Employer After a Construction Accident

Answer:

If you’re injured in a construction site accident in Arizona, very common question, comes up all the time is whether you can sue your employer. They didn’t maintain the equipment even though I warned them, you might say. We knew the tires were in bad shape. I tell them. They didn’t replace them. It’s one of the most common questions that potential clients ask all the time.

We had a recent question like that posed to one of our attorneys. It was a situation where the employer knew that there was a saw that had a defective cover on it. The employee was told to go ahead and use it anyway and lost a finger as a result. Were they upset and angry at their employer? Of course. As the attorney advised them, even in a pretty extreme situation like that, normally, we can’t sue employer. There are some exceptions. You call us with your situation. We can tell you if the exception applies. One of our attorneys will tell you that. The usual answer is no. The law protects employers because they want to make sure that employers keep hiring people. That’s why the workers’ comp situation or system has been set up. You don’t have to prove it was someone’s fault but you still get some compensation. You don’t get pain and suffering under workers’ comp and things like that, but there are alternative ways that if someone else was responsible. Now, in that particular situation, there was a defect in that saw. If we could prove that the defect is what caused the injury, then the perspective client could, as the attorney explained, recover pain and suffering, even if their boss might have also been at fault. Those are complex situations. You really need to call us, have one of our attorneys look at your exact situation, and advise you. Is it possible? Yes, but the general situation, is it possible to recover even if your employer is at fault? Sometimes the answer is yes, but as far as suing your employer, even if one of your fellow employees was at fault, in most cases, you can’t sue. Always call us because there are limited exceptions and one of our attorneys would always be able to advise you about that. Remember, if you’re hurt on a construction site and whether your boss probably is at least partially responsible or not, call us. The call is free. The information is free. It can make the difference in thousands of dollars, tens of thousands of dollars, and in rare cases, millions of dollars if you call us. Make that call because the most important person in our firm is you.