Construction workers are subject to harsh conditions, hot and cold weather alike, and a high potential for on-the-job injuries. If you were hurt at work, you should have a lawyer on your side to help with your claim.
Many injured construction workers think they cannot sue because of Workers’ Compensation rules. However, many cases allow third-party claims, or your status as an independent contractor might allow you to sue even the firms that hired you. However, each case is unique, and we must investigate the facts of your case to help us build a strong injury claim.
For a free case review, call our construction accident lawyers at Rhatigan Law Offices at (312) 578-8502 today.
Can Construction Workers Sue for Injuries at Work?
Many people are under the misconception that Workers’ Compensation laws prevent injured workers from suing for injuries. In reality, these rules only prevent lawsuits against your employer for on-the-job injuries. Many construction workers can still sue in two ways:
Independent Contractor Rules
People whose job title is “contractor” are often hired as “independent contractors.” This means they are self-employed and might work under an LLC/company name. They typically work on a per-job contract basis rather than as “employees.”
Only “employees” are blocked from suing their “employers,” but this does not stop independent contractors from suing.
If your work is independent of your employer (you control the timing and manner of your work), you get paid for one contract/job, and you perform a different service or trade than your “employer,” you might have no restrictions on your right to sue at all.
Third-Party Defendants
Many construction accidents are not caused by your employer anyway. You can sue other parties, such as the following, for their negligence:
- Outside contractors (electricians, machinery operators, etc.)
- Manufacturers of defective or dangerous materials, power tools, safety gear, vehicles, etc.
- Drivers who cause crashes with roadside construction crews
- Property owners who failed to disclose known dangers
- Negligent suppliers and vendors
- Other parties.
How to Start a Claim
When you want to file a lawsuit for your injuries, you should take the following steps:
- Get medical care immediately.
- Collect any evidence from the accident scene, such as witness contact info and photos of the dangers.
- Call a lawyer.
- Continue getting medical treatment and collecting records as you go.
- Collect other available evidence (security camera footage, witness statements, etc.).
- File the claim in court.
Our construction accident lawyers can help with this whole process, continue negotiations with the defendant or their insurance companies, and even take the case to trial if we need to. Most cases do settle out of court, but if the defendant refuses to pay, we can see your case all the way through trial.
Damages Available in Construction Accident Cases
Victims of construction accidents often face serious injuries and need substantial compensation for them. These damages are common in construction injury claims:
Medical Bills
The costs of your initial treatment, follow-up care, ongoing therapy and rehabilitation, medication, and more should all be covered in a lawsuit. The defendant is responsible for the economic damages the injury causes, as well as the pain itself, and these medical costs might be the largest area of economic damages.
Lost Wages
The other major area of economic damages is lost wages and lost future earning capacity. Any effect on your income, now and into the future, should be accounted for.
We can analyze how much money you would have made for the rest of your life without the injury, then see how the injury dragged that down. If you now face disabilities and work limitations, getting these lost earnings paid for is essential to helping you and your family move forward.
Pain and Suffering
Pain and suffering damages are “non-economic” damages. Rather than paying you back for monetary harm, they pay you back for physical, mental, and emotional harm.
Understanding all the ways your injury affects your life, from physical pain to disfigurement to lost ability, is important when evaluating the damages in your case. Our construction accident lawyers can apply calculation methods to these facts and help you arrive at a fair demand for your pain and suffering.
FAQs for Construction Accidents in Arlington Heights
Do I Need an OSHA Violation for My Injury Case?
No. Injury claims are separate from OSHA rules. In fact, most OSHA regulations control your employer, and your injury claim is likely to be against another party (equipment manufacturer, driver, etc.).
Who Decides My Case?
If you take your case to court, the judge and jury decide the claim. The judge is responsible for legal decisions, such as whether evidence is admissible. The jury is responsible for putting a value on your damages and deciding which parties share which portion of the blame.
That puts the jury in charge of deciding fault.
What if I Caused My Accident?
You might not be as responsible as you think. Even if you did something to cause your injuries, it might still be defective safety features on power tools or defective safety gear that allowed the injury to happen.
In other cases where you were responsible for your own injuries, you might not be able to sue, but Workers’ Compensation might be available to cover you. If you can file a lawsuit, that often pays more, but it is not possible in every case.
Do I Have a Case?
Most injury claims are based on the defendant’s “negligence.” This means looking for four elements of a valid claim:
- The defendant owed you a legal duty.
- The defendant breached that duty.
- The breach caused your accident.
- You suffered injuries and damages that can be compensated.
The duty could just be a duty to act reasonably in the given circumstances or a duty from a statute.
If you have all of these elements, you likely have a case. If you have good evidence to prove all of the elements, your case might be even stronger.
Call Our Construction Accident Attorneys in Arlington Heights Today
For your free case review with the construction accident attorneys at Rhatigan Law Offices, call (312) 578-8502.
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