Some of the most common construction site accidents include falling from scaffolding or high heights and slip and falls. It doesn’t matter if the construction accident is an electrocution where a worker comes in contact with exposed wiring, unfinished electrical systems or power lines. A construction worker will have plenty of expenses such as medical bills and lost wages. The question becomes which legal remedy is the best option to get accident-related expenses paid: personal injury lawsuit or workers’ compensation. A personal injury law firm Phoenix AZ can help you.
What is a Personal Injury Lawsuit?
A personal injury lawsuit is a claim filed with Arizona county to seek damages for an accident that injured someone. The injured person, called a plaintiff, wants the at-fault party to pay damages such as lost wages, medical bills and pain and suffering. If the civil court agrees, the at-fault will pay those damages because they did cause the accident.
What is Workers’ Compensation in Arizona?
Workers’ compensation is a federally funded program run by the state of Arizona. It is called no-fault insurance because employers pay into the system. Workers receive monthly payments if they are ever injured and need their expenses paid. In exchange, no one admits fault. The construction worker could be at fault and not have to admit fault.
Personal Injury vs. Workers’ Compensation
The difference between workers’ compensation and personal injury is fault. In a workers’ compensation claim, a worker does not have to admit that caused the accident. Their employer doesn’t admit fault either.
Personal injury law requires proving fault at a trial. The case may be heard by a jury or judge. For the plaintiff to win, they must show the defendant did four things. For example, the defendant owed a duty of care to the construction worker not to cause them harm.
However, in the second element a plaintiff must prove the defendant violated that duty of care. The third element is to prove the accident was caused by the defendant. If all those things are proven, then the court wants to hear about damages. The plaintiff must prove the defendant owes them money. The case can be settled out of court.
Another difference is damages. In a workers’ compensation, an injured worker is not given pain and suffering. That particular money damage is only allowed in personal injury cases.
Speak to a Law Firm about Making a Claim in a Construction Site Accident
Which legal option is right for a construction worker? Many construction workers receive workers’ compensation when they are involved in a workplace accident. However, a personal injury claim is also an option depending on the circumstances.
For instance, a person who isn’t a construction worker may sustain an injury because of falling debris, they are not considered construction workers. Thus, they would have to file a personal injury claim. To understand legal option more, contact a law firm that specializes in helping construction workers get the money they deserve after getting injured in an on-the-job accident.