Phoenix Work Injury Attorney

Being Injured on the Job is a Common Occurrence

Many Americans spend just as much time at work, sometimes more, than they do at home. Hard working people go to their employment with the expectation of reasonable care and safety. But what happens when things go wrong at work? An on-the-job injury is commonplace and when it occurs you have the legal right to be compensated for your losses. Work injury claims can be tricky, especially when liability is not crystal clear. If you have been hurt at work, get trusted legal guidance. At the Law Offices of Joel W. Black, LLC, our Phoenix Work Injury Attorneys have over 50 years of combined experience fighting for Arizona victims.

Making a Claim

According to the Industrial Commission of Arizona, it is the responsibility of the injured worker to initiate a workers’ compensation claim, by reporting it within one year of the date of injury. They are also required to notify their employer as soon as possible after the accident occurs. The longer it takes the injured worker to make these notifications, the more likely it is that the claim will be denied, based on the inability to investigate the circumstances surrounding the incident. While the employer is also required to file an Employer’s Report of Injury, this does not actively or effectively open a claim for compensation.

Most people think of construction accidents when they think of Work Injury. And statistics back that up as a leading factor in the numbers. It is safe to assume that a fair number of accidents occur in a setting that is inherently dangerous, such as construction sites. Although work injuries can happen anywhere, OSHA reports the most common injuries, aptly named the “Fatal Four” as:

  • Falls
  • Struck by Object
  • Electrocutions
  • Caught-in/between

Work-Related Personal Injury Claim vs. Workers’ Compensation Claim

It is important to note that while both legal actions may involve a work-related accident, they are distinctly different and separate. Some states prevent the filing of a personal injury claim, providing that workers’ compensation is an injured worker’s only remedy. In Arizona, there are few instances that allow a person who was injured while working to file a personal injury suit, however, most of the time, injuries on the job qualify for workers’ compensation and nothing more. For a look at some of the exceptions, see the Industrial Commission of Arizona’s Frequently Asked Questions.

Third-party Claims

An injury may occur where there is another person or entity that is at fault, or maybe at least partially at fault for the injuries the victim sustained. Depending upon the circumstance surrounding your injury or illness, you may also be able to file a third-party claim against that party or parties, other than your employer, for an injury you sustained while at work. Specifically, if someone or something outside of your employer or coworker caused your injury, you may be able to initiate a third-party personal injury lawsuit. If it is determined that a third-party (company or individual) had a culpable role in your injury or suffering, that person or entity may be liable for the providing restitution under the law.

When you have been injured at work you need someone to help you navigate the claims process. Should you file a workers’ compensation claim? Should you file a personal injury claim? Do you have a possible remedy under both? Don’t guess, get help. Our Phoenix Personal Injury Attorneys can not only steer you in the right direction, but they can initiate a claim for compensation and see it all the way through to resolution, whether that is settlement, court award or jury verdict. Don’t gamble with your family’s security. Skilled legal representation will make all the difference in your recovery.

Get Experienced Legal Counsel

We are the Law Offices of Joel W. Black, LLC, and we are a skilled legal team of Phoenix Personal Injury Attorneys.  We have represented clients who’ve suffered severe work injuries in Phoenix and all of Arizona. If you or your loved one has experienced a serious injury or death in a work-related accident, contact us for a free evaluation of your case. We work on a contingency fee basis, which means if we don’t recover on your behalf, you owe us nothing. We are not only understanding and compassionate, but we also have a proven track record of success and have handled over 25,000 injury cases. Don’t delay when your future is at stake. Call us today at (602) 277-1393 or fill out our convenient online request form.