Work Accidents
Work Accident Attorney in Phoenix
Serious Workplace Injuries May Involve More Than Workers’ Compensation
An injury at work can raise two separate legal questions: what Arizona workers’ compensation may cover and whether an outside party contributed to the accident. The second question is especially important after incidents involving subcontractors, unsafe property, defective equipment, vehicles, electrical hazards, welding, or explosions.
We investigate potential personal injury claims against outside parties while managing insurance communications, paperwork, and legal deadlines. This gives injured workers more time to focus on medical care and the financial disruption caused by missed work.
Call our Phoenix work injury attorneys at (623) 388-4333 for a free consultation about the accident and the parties that may be responsible.
How Workers’ Compensation & Third-Party Claims Differ
Workers’ compensation and a third-party personal injury claim provide different legal paths. A third-party claim seeks to hold a person or company outside the worker’s employer responsible for negligence or wrongful conduct that caused the injury. Unlike the workers’ compensation process, this claim requires evidence establishing the outside party’s legal responsibility.
An injured employee may be able to pursue both forms of recovery, but the claims can affect each other. A workers’ compensation carrier may have a statutory lien against certain money recovered through the third-party case. Notice requirements and lien calculations should be reviewed before the worker accepts a settlement or signs a release.
When an Outside Party May Be Responsible
Our attorneys examine the relationships among contractors, property owners, manufacturers, utilities, and other companies connected to the site. Responsibility may depend on who controlled the work, supplied the equipment, created the hazard, or failed to correct a known danger.
Incidents that may warrant investigation beyond the employer’s insurance process include:
- Falls caused by unsafe property or construction-site conditions
- Electrocution and burn injuries involving utilities or electrical contractors
- Explosions, welding incidents, or failures involving warnings and safety systems
- Crushing injuries caused by defective tools, machinery, or equipment
- Vehicle collisions involving drivers who weren’t coworkers
- Falling objects, trench collapses, or structural failures involving other contractors
Compensation After a Serious Workplace Injury
A third-party personal injury claim may address losses that aren’t fully covered by workers’ compensation. Depending on the evidence and applicable law, damages can include medical expenses, future treatment, lost income, reduced earning capacity, physical pain, emotional distress, disability, disfigurement, and loss of enjoyment of life.
Our evaluation looks beyond current bills. We consider whether the injury limits a worker’s ability to return to the same occupation, support a household, manage daily activities, or make a long-term recovery.
Evidence Can Disappear Quickly After a Workplace Accident
Worksites and physical evidence can change soon after an incident. Equipment may be repaired or removed, surveillance footage may be overwritten, and witnesses’ memories may fade. A prompt investigation can identify potentially responsible parties and preserve evidence before it disappears.
Useful evidence may include:
- Incident reports, photographs, video, and witness information
- Medical records documenting the injuries and treatment
- Safety records, inspection materials, and equipment history
- Employment and wage records showing financial losses
- Contracts identifying property owners, contractors, and subcontractors
- Communications with insurers, employers, vendors, and site managers
More Than 50,000 Arizonans Represented Since 2015
Injury law is all we do at Rafi Law Group. Since 2015, we’ve represented more than 50,000 Arizonans and recovered hundreds of millions of dollars for clients. Our founder, Brandon B. Rafi, was raised in Phoenix and is licensed before the Arizona Supreme Court.
Our team includes more than 250 professionals serving clients across Arizona. We manage communications with insurers, organize evidence, track legal deadlines, and investigate whether an outside party bears responsibility for a serious workplace injury.
What to Do After an Injury at Work
Get appropriate medical care and report the incident through the applicable workplace process. Preserve photographs, messages, medical paperwork, wage records, and witnesses’ contact information. Don’t sign a settlement or release until you understand which claims and parties it may affect.
The Industrial Commission of Arizona states that an injured worker generally must file a written workers’ compensation claim within one year after the injury, subject to rules about when the injury became manifest. Arizona’s general limitation period for personal injury actions is two years, but exceptions, notice requirements, and shorter claim-specific deadlines may apply.
Third-party cases also involve separate timing and lien considerations. Under Arizona law, failing to bring an action against an outside party within one year can affect the rights of the insurance carrier or self-insured employer. Our attorneys can review the applicable dates based on the incident, potentially responsible parties, and benefits paid.
Questions a Third-Party Injury Review Should Answer
Receiving workers’ compensation benefits doesn’t automatically prevent an injured employee from bringing a claim against a negligent outside party. A careful review should determine who caused or controlled the hazard, what evidence remains available, and how any recovery could interact with the carrier’s lien.
Claims involving electrocution, explosions, welding, machinery, falls, and other construction incidents depend on the specific facts. Contracts, equipment records, site-control evidence, and witness accounts may clarify the roles of the employer, subcontractors, property owners, manufacturers, drivers, utilities, and other entities.
Get Clarity About Your Injury & Legal Options
Contact us for a free consultation about what happened, the harm you suffered, and whether another person or company may be legally responsible. We can explain the potential personal injury process and identify the information needed to evaluate your options.
Bilingual services are available. With our contingency-fee arrangement, you don’t pay attorney fees unless we recover compensation for you.
Call Rafi Law Group at (623) 388-4333 to discuss your case with our Phoenix injury lawyers.