Posted On: February 17, 2011

Proving a Defective Tool Caused an Arizona Construction Accident

Arizona construction accident lawyers understand the risks and dangers workers face on work sites. Workers are in constant danger of falling from heights, falling from scaffolding, falling into sink holes, being involved in crane accidents and being involved in other mishaps related to dangerous tools. When a tool or piece of equipment causes a serious workplace accident, it is important that the item is preserved for thorough inspection. If it is determined that defective equipment or a malfunctioning tool caused an accident, the manufacturer of the defective product can be held liable for the injuries and damages sustained.

Construction equipment and tools are so powerful that it doesn’t take much for a serious accident to occur. For example, a defective nail gun can cause serious injuries. Other equipment commonly used at construction sites, such as ladders, cranes and forklifts can cause major injuries or even fatalities if they do not work as intended.

Under the Employer’s Liability Act of 1969, it is not necessary to prove that an employer had knowledge of the defective equipment. It will be necessary, however, to prove that the tool was used properly at the time of the accident and that an inherent defect caused it to malfunction. Experienced construction accident attorneys will work with investigators and experts to thoroughly test the equipment or tool in question for product defects, design flaws and malfunctions.

The Phoenix injury attorneys of the Breyer Law Offices, P.C. serve the injured workers of Arizona and their families. We have an excellent track record of helping injured workers get back on their feet after a major accident. Call us today at 602-978-6400 for a no-cost consultation. We are here to answer your questions and get you the help you need.

Posted On: February 15, 2011

Construction Worker Injured in Tempe 32-Foot Fall Accident

A 40-year-old worker was injured in an Arizona construction site after he fell into a 32-foot deep hole. According to a news report in The Arizona Republic, the construction accident occurred on East Southern Avenue near Priest Drive in Tempe. The worker fell into the hole, which had been drilled for the construction of a building. He suffered non-life-threatening injuries and had to be rescued by a co-worker with a crane.

According to the 2009 Census of Fatal Occupational Injuries Summary, of the 4,340 fatal workplace accidents in the United States, 617 were fall-related. The Bureau of Labor Statistics reports that about half of all workplace fatalities relating to falls occur on construction sites. Many of these fatal falling accidents could have been prevented if proper training was provided, warning indicators were used and safety protocols were followed.

Like all employers, Tempe construction companies are required to have workers compensation insurance for their employees. If an accident occurs, the injured worker can seek compensation for their medical bills and lost earnings.

Arizona workers compensation cases can become complex. It is common for such claims to be denied. It is also common practice for insurance companies to blame the worker for the accident. If you have been injured in a Tempe construction fall accident, please contact the experienced Arizona construction fall accident lawyers of the Breyer Law Offices, P.C. Our firm serves the workers of Arizona. We help injured workers obtain fair and full compensation for all injuries, damages and losses. Call us today at 602-978-6400 for a free consultation and case evaluation.

Posted On: February 11, 2011

The Dangers of Working with Cranes on Arizona Construction Sites

Heavy equipment, such as cranes, is obviously a necessity that workers on major Arizona construction sites use in order to move large loads. These powerful machines are helpful but have also been known to cause serious injuries and fatalities as well. The federal Occupational Safety and Health Administration (OSHA) has standards, registers and directives when it comes to the proper use of cranes. Failure to meet these standards of use could result in a fatal Arizona construction accident.

Anyone operating a construction crane in Arizona needs to have extensive training. It is the construction company’s legal obligation to provide adequate training and to ensure that the workers near the crane understand proper crane safety procedures. Cranes that are defective or overloaded could cause a serious accident. Cranes are notorious for dropping heavy loads onto unsuspecting construction workers and for tipping over onto employees working near them. Such accidents can affect not only workers, but also bystanders.

Workers injured in an Arizona crane accident would be well-advised to speak to a skilled Phoenix crane accident attorney regarding their legal options. Workers’ compensation claims are often denied and when accepted, may not fully cover the damages sustained by the worker.

The experienced construction accident attorneys at Breyer Law Offices, P.C. will review all aspects of the case to determine whether negligence or wrongdoing contributed to the incident. Call us at 602-978-6400 for a no-cost consultation and comprehensive case evaluation. We understand the plight injured workers and their families face in the aftermath of a major construction accident. We are here to help you during this difficult time.

Posted On: February 9, 2011

What a Property Owner Must Do to Prevent Arizona Construction Accidents

Arizona construction workers often have to deal with defective scaffolding, dangerous equipment, unsafe work conditions, inexperienced coworkers and hazardous premises. It may be difficult to prove a liable party in an Arizona construction site accident. In such cases, it may be in the best interest of the injured worker to seek guidance from a reputed Arizona construction accident attorney.

Property owners have an obligation to provide reasonably safe conditions for anyone working on their premises. Failure to provide adequately safe conditions could make the property owner liable for the damages suffered in a construction accident on their site.

Following an Arizona construction incident, investigators will review the overall safety of the location. Did the owner provide adequate lighting? Were dangerous areas on the premises clearly marked with warning signs? Was proper ventilation provided for the workers? Did all of the employees participate in necessary safety training before being allowed on the premises?

Workers injured on the job in Arizona may file for workers compensation benefits. Successful claims will result in compensation for the workers' medical bills and a portion of lost wages. In cases where the property owner failed to provide safe conditions, additional compensation may be available. In such cases, the injured worker would be well-advised to call an experienced construction accident attorney to determine the best course of action.

The knowledgeable construction accident lawyers of Breyer Law Offices, P.C. serve injured workers of Arizona. We know how to ensure that our clients receive fair compensation for the injuries they have suffered on the job. If you have been injured in a construction site accident, please call our law office at 602-978-6400 for a free and comprehensive consultation.

Posted On: February 4, 2011

How Do Arizona Workers Report Unsafe Workplaces?

If you are a worker in Arizona, there are laws and regulations in place for your protection that your employer must follow. Unfortunately, some employers ignore these safety measures to save on costs, putting everyone at a worksite at risk.

If you believe your employer has overlooked important precautions put in place to guarantee the safety of you and your co-workers, you may want to contact the Industrial Commission of Arizona. Under the Arizona Occupational Safety and Health Act, you can request that your worksite be inspected by the Division of Occupation Safety and Health. An inspection will be conducted on two conditions:

  • If an employee believes that a violation of safety or health standards exists and threatens physical harm; and
  • The employee believes that an imminent danger exists.

To request an inspection, you will need to fill out a Notice of Alleged Safety or Health Hazards form, and submit it to the Director of the Division. You will need to fully describe the hazard(s) that you believe exist at the worksite, and include the number of employees that have been exposed to the hazard(s). You will also need to specify each location where the hazard(s) exist, among other information. Note: Unless you specify that you do not want it to be, your name will be revealed to your employer.

Once the Director receives your notice, they will determine whether there are reasonable grounds to believe that a violation or danger exists at your worksite. If they decide that a violation or danger exists, under the Occupational Safety and Health Act, they will conduct a special investigation “as soon as practicable.” However, if the Director decides there aren’t reasonable grounds to believe that a violation or danger exists at your worksite, they will provide you with written notice.

If you have been injured at an unsafe workplace in Arizona, you have legal rights. The Phoenix accident attorneys at The Breyer Law Offices P.C. have protected the rights of injured Arizona workers, including those who work at construction sites, for many years, and can help you understand what your legal rights and options are following a workplace injury. Call us at 602-978-6400 to schedule a free consultation today.

Posted On: February 2, 2011

Arizona Lost 700 Construction Jobs in 2010, Ranks 20th in U.S. for Construction Job Losses

While most business sectors in the United States are indicating recovery from the recession, the construction industry is continuing to lose jobs. A new survey released by the Associated General Contractors of America (AGCA) suggests that the construction industry may suffer even more job losses within the next year, reports The Phoenix Business Journal.

Between December 2009 and December 2010, 36 states in the U.S. lost construction jobs, resulting in a total loss of about 93,000 jobs, according to the survey. Arizona was one of those states, ranking at number 20. Statistics from the U.S. Department of Labor show that Arizona lost approximately 700 construction jobs in 2010, which is about 0.6 percent of the total construction labor force in the country. In particular, Arizona suffered substantial construction job losses in December, in which the sector lost about 3,400 jobs. Following these losses, there are now only around 113,000 construction jobs in Arizona.

According to Ken Simonson, the chief economist of the AGCA, the construction sector in particular faces severe challenges. He states, “The industry is coping with weak demand, declining stimulus activity and a growing political aversion to investing in aging infrastructure.”

Overall, the survey found that the majority of construction firms in the U.S. plan to hire, instead of cut, workers in 2011, despite stagnant demand. However, that is not the case in Arizona.

In a report issued by the American Institute of Architects (AIA), the largest declines in the construction industry will likely be in industrial construction, which is down 11.8 percent, followed by office buildings at 7.9 percent, public safety buildings at 6.7 percent, and hotels at 6.2 percent. The AIA predicts that the only growth areas for 2011 will be in amusement or recreation areas, health care facilities, and religious sites, all of which are expected to grow about 1 percent.

If you are a construction worker in Arizona and have been injured while on the job, talk with the Phoenix construction accident injury lawyers at The Breyer Law Offices P.C. We can help you understand your legal rights and options, as well as help you decide whether you have a substantial claim against a negligent party. Call 602-978-6400 today.