Most constructions sites have a number of different subcontractors working on them. When everyone on a construction job site follows the necessary safety measures and is compliant with OSHA rules, construction site accidents involving falling objects are far less likely to happen. There are times, however, when one subcontractor fails to follow all the safety regulations, and when this happens on the construction site workers are endangered, too often resulting in a very serious injury or in some cases even death.
Falling objects can cause severe injuries or even fatalities on the construction site, and in such cases there may be a personal injury or wrongful death claim beyond what workers’ compensation may offer.
There is, however, a general prohibition against claiming against one’s own employer. This is known as “exclusive remedy”, which is what workers’ compensation essentially provides, whereby injured workers can make a claim for compensation but are not allowed to file a lawsuit against the construction company for which they work or against another co-worker. Yet because of the number of subcontractors that are often on Arizona construction sites, this prohibition, or “exclusive remedy”, does not apply to subcontractors or for the workers who work for these subcontractors. It is for this reason that a careful analysis should be conducted by an experienced Arizona construction accident attorney, to help determine whether there is a possibility for a personal injury claim in addition to workers’ compensation.
For any questions about rights of workers in relation to a construction accident injury that occurred due to a falling object on a construction site, or any other questions concerning construction accidents, please contact us for more information.