Construction accidents can follow employer negligence

Arizona construction workers who suffer on-the-job injuries can pursue compensation for medical expenses and lost wages through the workers' compensation system. However, workers' comp benefits will not cover damages such as pain and suffering, and it is essential for injured workers to know their rights. If construction accidents resulted from gross negligence by employers or were caused by the negligence of third parties, the victims might have grounds to file civil lawsuits to recover the compensation they deserve.

For a successful civil lawsuit, the injured victim must prove negligence by identifying a duty and a breach of duty along with a discernible injury, and subsequent damages. How those rules can apply to employment includes negligent hiring, retention, training and supervision. Negligent hiring can result from the failure of an employer to properly check an individual's background before hiring him or her, and that person then causes injuries to other workers.

An employer could be liable for negligent retention if he or she fails to reassign, retrain or discharge a worker after realizing that individual is unfit and could cause harm to co-workers. If a business owner fails to provide adequate training that could have prevented harmful acts, there might be grounds to claim negligent training. It is also the duty of an employer to monitor and control the actions of employees, or face claims of negligent supervision.

When the negligent actions of other employees or third parties cause construction accidents, injured victims may have grounds to pursue claims for additional damages beyond those offered by the Arizona workers' compensation insurance system, depending on the specific circumstances involved. The most practical step might be to consult with an experienced construction injury attorney who can examine the case to determine whether grounds exist for a negligence claim. A lawyer can then assist with the navigation of a civil lawsuit or any other feasible action that might achieve appropriate compensation.

Source: FindLaw, "4 Potential Ways to Prove Employer Negligence", Aditi Mukherji, Accessed on Feb. 9, 2018

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