Can a Construction Worker Sue Someone Other Than Their Employer After an Accident?

Construction workers face numerous hazards daily, and when injuries occur, it’s crucial to understand your legal rights. While workers’ compensation provides certain benefits, it doesn’t cover all damages. If someone other than your employer is responsible for your injury, you have the right to pursue a third-party personal injury claim to seek full compensation.

Recent Case in Phoenix

In a notable Arizona case, an employee of an independent contractor was injured due to the negligence of another contractor on the same site. The court recognized the injured worker’s right to pursue a third-party claim against the negligent contractor, highlighting the importance of identifying all liable parties in construction accidents. Read more about this case.

Arizona Law and Your Rights

Under Arizona law, workers’ compensation is typically the exclusive remedy against your employer for work-related injuries. However, this exclusivity doesn’t extend to third parties. If a non-employer’s negligence contributed to your injury, you can file a personal injury lawsuit against them. This is crucial because workers’ compensation benefits are limited and don’t cover non-economic damages like pain and suffering.

Statute of Limitations

In Arizona, the statute of limitations for personal injury claims is generally two years from the date of injury (A.R.S. § 12-542). However, if the claim is against a government entity, you must file a notice of claim within 180 days (A.R.S. § 12-821.01). Missing these deadlines can bar you from pursuing compensation, so it’s essential to act promptly.

What To Do Next

If you’ve been injured on a construction site due to a third party’s negligence, it’s important to:

1. Seek immediate medical attention.

2. Report the injury to your employer.

3. Document all details of the incident and gather evidence.

4. Consult with experienced personal injury attorneys to explore your legal options.

At Hirsch Talcott, our attorneys, including Jack H. Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and Chelsie L. Talcott, a former Maricopa County Deputy Public Defender, have extensive experience handling third-party construction accident claims. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Learn more about our fee structure.

Don’t settle for limited workers’ compensation benefits if a third party is responsible for your injury. Contact Hirsch Talcott at 602-903-6000 for a free consultation to discuss your case and pursue the full compensation you deserve.