Construction workers often face some of the harshest and hardest working conditions. This also leads to a higher risk of injury, which means construction workers are often in the most need of legal help.
If you get hurt in the course of your work, Workers’ Compensation might be available. However, you may also be able to file a lawsuit to recover additional compensation you cannot get through that system. This can include full lost wages, pain and suffering, and other damages you and your family need to move forward.
For your free case evaluation, call the construction accident attorneys at the Rhatigan Law Offices today at (312) 578-8502.
Do You Sue or File for Workers’ Comp as an Injured Construction Worker?
Workers’ Compensation covers most “employees” in Illinois. This includes virtually all construction workers, even if you are called a “contractor” or get paid with a 1099. While these rules block lawsuits against an employer, they do not stop you from suing other parties.
Eligibility for Workers’ Comp
This means you may be able to file for benefits through your employer, regardless of who caused the accident or what kind of accident it was. However, these benefits do not pay your full damages, covering only
- Medical bills
- 2/3 of your lost wages
- Some additional compensation for permanent partial injuries (e.g., amputations).
Filing a Lawsuit
Lawsuits can often be filed on top of that claim, and our construction accident lawyers can help you with that case. Through a lawsuit, you can recover full damages for your injury, including
- Medical bills
- Other expenses related to your treatment and injury
- Full lost wages
- Pain and suffering damages.
However, you must file against someone other than your employer, since you cannot sue your employer.
Proving Fault in a Construction Accident Case in Berwyn
In order to win a construction accident case, you need to prove that someone was at fault for your injuries.
Possible Parties
You cannot sue your employer for work-related accidents. This protection also covers coworkers in many cases. This means that you need to look for outside third parties you can sue.
Common examples include
- Drivers
- Suppliers of defective or dangerous materials
- Manufacturers of dangerous or defective equipment, tools, and safety gear
- Outside contractors (electricians, crane operators, etc.)
- Property owners.
Partial Fault for Employers
If your employer does share partial fault, you can still sue the third party for their share of the blame. However, you cannot recover the portion of the damages assigned to your employer, since you cannot sue them.
Elements of Fault
For someone to be “at fault” in an accidental injury case, it usually means they violated these four elements:
- They owed you a legal duty.
- They violated that duty.
- The violation caused your accident.
- Your accident resulted in injuries that can be compensated.
This may involve something like an OSHA violation, but that is not required. Unreasonable or dangerous action or inaction is usually enough.
Damages Available for Injured Construction Workers
As mentioned, you may be eligible for Workers’ Compensation, but it might cover only a portion of your damages. Getting full damages for a construction injury case typically includes claiming these:
Medical Bills
Full compensation for all treatment necessary for your recovery should be covered, from surgeries to physical therapy to wheelchairs and crutches. Even the cost of mental health care to treat the results of your accident should be paid for.
Lost Wages
If you cannot work or you now need to take a lower-paying job because of a disability, you should be paid back for the difference in wages before and after the accident. This can cover your family for years to come, so it is vital to make sure that these damages are paid in full.
Other Expenses
Workers’ Compensation does not cover other economic expenses, which should be covered through a lawsuit. This can include damage to your property, other incidental costs the accident caused you, and other “economic damages.”
Pain and Suffering
Often used as the umbrella term for all “non-economic damages,” pain and suffering pays you back for the physical, mental, and emotional effects of an injury. These damages can be incredibly high, but they are not available at all in Workers’ Compensation claims.
FAQs for Construction Accident Cases in Berwyn
Where Do You File a Construction Injury Lawsuit in Berwyn?
Berwyn is in Cook County, so most personal injury lawsuits will be filed in the Circuit Court of Cook County. This can be confusing because that is a huge court system with around 400 judges and six subdivisions.
Berwyn is covered by the Fourth Municipal District based in Maywood, so you file your case there. If you live in Berwyn but the accident happened elsewhere, talk to our lawyers about where to file.
Do You Have to Use Workers’ Comp for a Construction Accident?
Workers’ Compensation is usually available to you and can pay some benefits without needing to prove fault. Using this system is often important to getting your medical care paid for and some wages covered during your recovery period.
However, while we commonly call Workers’ Compensation the “sole remedy” for work injuries, it is only the “sole remedy” against your employer. If someone else was responsible for your injuries, there are additional damages you may need, which you can only get through a lawsuit.
How Long Do You Have to File?
You have to report your injury to your employer within 45 days of the injury and file formal claims within 3 years of the injury to get Workers’ Compensation.
Construction accident lawsuits typically must be filed within 2 years of the injury under the statute of limitations.
When Should You Call a Lawyer?
Work with a lawyer as soon as you can after your injury. We can guide you through the filing process and help collect evidence to build your case, answering any legal questions you have along the way.
Call Our Berwyn Construction Accident Lawyers Today
To get started with a free case evaluation, contact the construction accident attorneys at the Rhatigan Law Offices at (312) 578-8502.
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