Workers compensation insurance exists to protect Arizona workers who are injured on the job. It does not, however, always provide adequate coverage for the many serious injuries that can occur at an Arizona jobsite. Under certain circumstances, the injured worker may be able to file a civil lawsuit in addition to his or her workers compensation claim to receive additional compensation for the damages suffered.
Examples of workplace accidents that could merit a civil lawsuit include toxicity-related injuries and defective product injuries. Contractors or sub-contractors who are required to maintain a safe worksite for employees can be held liable. In cases where a defective product caused an injury accident, the manufacturer of the defective product can be held liable as well. Common defective products at work sites include tools, cranes, ladders, machines, tires and appliances. These civil lawsuits, which are filed against parties other than an employer, are known as third-party claims. Such claims are usually worth a lot more than workers compensation benefits.
It is rare that a worker may sue his or her own employer, but there are circumstances that may allow it. An injured worker may sue an employer if the employer failed to provide workers compensation insurance or if the employer’s deliberate conduct led to the injuries suffered.
The Phoenix workplace injury attorneysat Breyer Law Offices P.C. help injured workers and their families understand their legal options. We provide free consultations at 602-978-6400 to anyone who has been injured in an Arizona workplace accident. We understand the emotional and financial burdens shouldered by injured workers and their families. Call us today to find out how we can help.
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.
