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Posted in Arizona Injury Laws on April 28, 2023
Individuals who sustain injuries as a result of a workplace safety violation should be able to recover compensation for their losses. In general, workplace injury victims are able to receive coverage of their medical bills and a portion of their lost wages through the workers’ compensation system, but it may also be possible to file a personal injury lawsuit directly against the employer in certain circumstances. Here, we want to review what you should do if you sustain a workplace injury caused by a safety violation on the job.
The number one priority after sustaining a workplace injury, regardless of how it happens, is to seek medical care immediately. Establishing the validity of a work injury claim often revolves around the medical treatment a person receives and how quickly they receive it.
Additionally, individuals should continue all medical treatment recommended by the treating physician until medical care has come to a conclusion, at least in the opinion of the doctor. Any discontinuation of care before a doctor recommends doing so could derail a workers’ compensation claim or personal injury lawsuit.
Individuals must report any workplace injury to their supervisor or employer as soon as possible. Employers in Arizona are required to report workplace safety violation incidents that lead to injuries quickly as well. Any fatalities must be reported to state officials within eight hours of the incident. Any inpatient hospitalizations, amputations, or losses of an eye must be reported within 24 hours.
Individuals can report Arizona workplace safety violations by calling the numbers located on this the government website or by filling out this form and faxing it to (602) 542-1614.
We strongly encourage you to speak to a skilled workplace injury lawyer in Arizona who can get involved in your case as soon as possible. Workplace violations are major, and if the violation was known to the employer, victims may be able to step outside of the workers’ compensation system and file a personal injury lawsuit against their employer.
Usually, workplace injury victims are not able to file a personal injury lawsuit against the party allegedly responsible for their injuries. These claims are typically no-fault and handled through the Arizona workers’ compensation system.
However, in the event an employer was negligent and willfully violated workplace safety laws, it may be possible to file a civil personal injury lawsuit in order to recover more compensation. When filing a civil personal injury claim, it is necessary to prove that the other party was negligent in causing the injury. This is not a step necessary when filing only a workers’ compensation claim.
If a civil personal injury lawsuit is successful, individuals can typically recover compensation for their medical bills, all of their lost wages, and various types of pain and suffering losses they endure as a result of the incident.
A skilled Phoenix work injury lawyer can help you determine the best steps moving forward for your particular situation. If your employer violated state or federal safety laws, it may be possible to file a civil personal injury lawsuit in order to recover the compensation needed to get through this.