Workers Compensation

Prevent Peoria Construction Accidents through Accountability

By Personal Injury Lawyer on January 11, 2010

One way to ensure that more people are not hurt in the future is to encourage claims to be made when appropriate, and to hold construction workers accountable for unsafe work practices when they lead to injuries to others.

If nobody is held accountable for a construction accident or work-related incident, workers are less likely to act in a safe manner in the future. Therefore, finding a top Peoria construction accident lawyer to help an injured worker bring a personal injury claim not only benefits that worker, but may have a deterrent effect to help prevent injuries to other people.

This fact only becomes more important as Peoria continues to grow and more and more people are employed on construction sites throughout Peoria, Maricopa County, and the state of Arizona.

If you have been injured while at work, a skilled Arizona personal injury attorney at Breyer Law Offices, P.C. may be able to help. We understand that there is much to consider after being injured as the result of another person’s negligence. Please contact us today for a no-obligation, free consultation.

Arizona Police Denied Justice

By Personal Injury Lawyer on September 2, 2009

There is an archaic law known as the firefighter’s rule. The rule has been done away with in multiple states throughout the country. Unfortunately, Arizona punishes its own firefighters and police officers with unjust laws such as the firefighter’s rule. The firefighter’s rule says that somebody who was badly injured or killed while working as a police officer has no right to bring a lawsuit against the negligent person who caused their injury. This even includes a situation where somebody negligently did something that directly led to the death of one of our brave police officers or firefighters.

Somebody who puts their life on the line has a right to hold negligent people responsible for what they’ve done. There is far too much misinformation and far too many people believe they have no right to bring any kind of insurance claim or lawsuit outside of workers’ compensation. While this is true sometimes, there are other situations where a top Arizona injury lawyer can help overcome the hurdle created by this unfair and unjust law.

If you have questions about any case involving a serious injury or the death of a loved one who was on the job as a firefighter or police officer please do not hesitate to give us a call. At Breyer Law Offices, we have fought the fight for police officers. We have overcome motions to dismiss their cases to make sure that people who are seriously injured in the line of duty are not denied the compensation they need and deserve for the serious injuries they have suffered.

Elements of an Arizona Workers’ Compensation Claim

By Personal Injury Lawyer on August 14, 2009

Negligence by others that cause harm can bring about a personal injury claim, a Phoenix workers’ compensation claim, or both, depending on the situation. It requires a knowledgeable Arizona personal injury lawyer to analyze whether someone has a claim.

When a person is allowed to bring both a personal injury lawsuit and make a workers’ compensation claim, it complicates matters. Most Arizona personal injury claims have a two-year statute of limitations, but there are exceptions to this rule. Yet when a person has a right to file both a workers’ compensation claim and an injury claim, they most likely will only have one year in which to file or lose their rights to compensation. That is why it is important to speak with the best Arizona personal injury lawyer you can find when considering the pursuit of a personal injury claim in Arizona.

In addition, when an injured party who wants to settle their case has already received money from workers’ compensation, they need to seek approval from the workman’s compensation carrier or risk losing their rights in many ways. The Arizona Lien Statute also states that the workman’s compensation carrier has a right to be paid back from the personal injury recovery any payouts made by it for medical expenses or lost wages.

A good Phoenix workplace injury lawyer can help reduce this lien, and we invite anyone who may have a workers’ compensation claim in Arizona to contact us for more information. It is important for someone dealing with a serious personal injury to know their rights, as too often insurance carriers will take advantage of a person’s ignorance to deny or delay a claim. Even if you are unsure whether you have a claim, it is important to get honest answers from reputable Arizona injury lawyers, for any injury or workers’ compensation claim in Phoenix, Tucson, Chandler, or elsewhere in Arizona. A good personal injury attorney will answer your questions and help guide you toward making a decision that is right for you.

Grain Company Explosion Causes Maricopa Work Injuries

By Personal Injury Lawyer on August 13, 2009

A terrible explosion rocked the Arizona Grain Company in Maricopa, with reports saying that two Arizona Grain employees and a truck driver were severely injured with burns to their face and arms. We can only hope that everybody in this Maricopa on-the-job accident heals as quickly as possible and that they will fully recover.

We note in this Arizona incident that the truck driver was injured at a place where he was not employed, and so may have rights beyond Arizona workers’ compensation rights. Severely injured people are often under the assumption that they are stuck with workers’ compensation when injured on the job, though they may actually be able to file a third party personal injury claim in Arizona.

We do not know what may have caused the explosion, but from our experience as personal injury lawyers, we do know that negligence may have played a part. While the two employees at the Arizona Grain Company may not have any rights to receive full and fair compensation through a personal injury claim, the truck driver who was injured on site may have a right to bring such a claim.

We do not suggest that the truck driver or anyone else injured in this incident definitely has a lawsuit but, as skilled Phoenix personal injury lawyers, we certainly feel it should be looked into. Frequently, people who are injured on construction sites, or who are injured on a jobsite of a company for whom they do not work, do not realize that they have a right to receive full and fair compensation for any injuries that result from someone else’s negligence whether it be in Phoenix, Scottsdale, Surprise, or elsewhere in Arizona.

Depending who was at fault in this Arizona job injury incident, a person’s right to claim falls away after anywhere from six months to two years after the incident due to Arizona’s statute of limitations. It is for that reason that we encourage anyone who has been injured to contact an experienced Arizona workplace injury lawyers to get answers to their questions, and so that they can consider all their options.

The Difference Between Arizona Compensatory Damages And Punitive Damages

By Personal Injury Lawyer on August 11, 2009

One of the concepts most misunderstood by many people in Arizona personal injury claims is the right to punitive damages for those hurt in an auto accident or other accidental injury. We know as Arizona personal injury lawyers who aid people in obtaining full compensation in many cases that the distinction between compensatory damages and punitive damages is sometimes difficult to comprehend.

In general, compensatory damages are what one gets reimbursed for a loss that they have suffered. Compensatory damages essentially are to “make the injury victim whole.” When we represent those injured in car accidents in Arizona, as personal injury lawyers we aid these accident victims in getting full repayment of all medical bills related to the accident. When someone cannot work and loses income as a result of an auto accident in Phoenix we help them get compensated. This includes overtime and all other lost wages, and even what may have been repaid in part by Phoenix workers’ compensation claims.

Many people will have out of pocket expenses resulting from their injuries. Even payment for pain and suffering that is included in Arizona personal injury claims is considered compensatory. It essentially means that if somebody else was negligent an injured person has the right to seek compensation. Even if a person can never work again because of an accident and thus receives hundreds of thousands of dollars, it is still not considered punitive damages.

Punitive damages are intended to punish the negligent party. They are not to compensate the injured party, but to teach a lesson to someone who intentionally caused injury to someone else. Punitive damages are awarded when it is shown that the defendant acted with an “evil hand and evil mind.” In this sense it is a fine, and not to compensate a person injured in an Arizona personal injury claim. It is imposed upon an insurance company, corporation, individual, or other entity that has done wrong to ensure that they will not repeat such an act.

Knowing whether punitive damages are applicable requires the knowledge of skilled Phoenix personal injury lawyers. It will usually take the best possible personal injury lawyer to pursue cases for punitive damages. Such cases are rare in Arizona, and it is essential that a person ensure that they have a valid claim before pursuing such a claim.

Should you or someone you know feel as if they may be entitled to punitive damages, we urge you to contact us. We will tell you honestly whether someone who has been seriously hurt due the negligence of another can go after compensatory damages claims or punitive damages claims in any personal injury case