In a construction accident, the cause is one of the most important factors. If someone other than your employer caused your injuries, you can often file a lawsuit for the accident without being forced to go through insurance.
When you file a work injury claim, you can receive full compensation for your lost wages, medical bills, and pain and suffering. But collecting the evidence you need and presenting it in court are all important steps you should get help with.
Call our construction accident lawyers at Rhatigan Law Offices today at (312) 578-8502 for a free review of your case.
When Can You Sue for a Construction Accident in Bolingbrook?
Under Illinois law, employees cannot sue their employers for work-related injuries. They are instead expected to use Workers’ Compensation, which can cover injuries regardless of fault. However, there are two important situations where you can file a lawsuit, potentially opening access to additional damages.
You Are a Contractor
If you are a contractor or other construction worker who is legally classified as an “independent contractor,” then the law does not stop you from suing your “employer” because you do not have one. Instead, you can sue clients – assuming it is permitted in your contract – for accidents and injuries they cause you.
Third-Party Claims
You can also sue parties other than your employer regardless of your status. This allows lawsuits against all kinds of at-fault parties, such as the following:
- Drivers who crash into roadside work crews
- Manufacturers of dangerous power tools, supplies, safety equipment, and more
- Outside contractors
- Equipment rental companies
- Suppliers and vendors who cause accidents during deliveries
- Property owners
- Any other at-fault party.
What Construction Accidents Can You Sue for?
Personal injury lawsuits can be filed for any injury that someone else caused. This requires four elements:
- Duty – The defendant owed you a legal duty.
- Breach – The defendant breached or violated that duty.
- Causation – The defendant’s actions or inactions actually caused your injuries.
- Damages – You suffered injuries and other damages (economic or non-economic).
This means you can sue for all kinds of injuries from accidents, such as broken bones in a scaffolding collapse caused by defective scaffolding. You can also sue for lung injuries that a defective respirator failed to prevent.
However, you may not be able to sue for injuries you caused yourself or injuries caused by a coworker. Those would have to go through Workers’ Comp, if available.
Steps to Take After a Construction Accident
After your accident, take the following steps to protect your claim:
Get Medical Attention
You need immediate medical care to start your road to recovery, assess your injuries, and create a record of the harm you faced.
Document Everything
Any evidence you can collect – such as photos of the accident scene and witness contact info – will help later. If you are given medical records, bills, or other paperwork, save it all; our lawyers can collect the rest later.
Call a Lawyer
From there, you should have us on our side immediately. Do not try to negotiate your case with insurance companies and certainly do not accept any money or settlements for your injuries without talking to a lawyer first.
FAQs for Construction Site Injuries in Bolingbrook
Do I Sue or Use Workers’ Compensation for a Construction Accident?
If you are covered under Workers’ Compensation, you may be able to file through that for any work-related injury. However, it pays only limited damages.
If you can bring your case against a third-party defendant, such as a driver or equipment manufacturer, you may be entitled to additional damages, such as pain and suffering. You should speak with a construction accident lawyer to determine your options.
What Damages Can I Claim?
Construction accident lawsuits often focus on three areas of damages:
- Lost wages to cover the income you miss out on because of injuries and new disabilities
- Medical bills and other care needed to treat the injuries
- Pain and suffering caused by the accident.
Can You Only Sue for Accidents?
Most construction accident cases fall under the umbrella of “negligence,” which typically means accidental injuries. In these claims, you do not need to prove that anyone meant to injure you, just that they made a mistake or acted carelessly.
However, you can also sue for violence or intentional injuries.
Can I Sue if I Wasn’t a Construction Worker?
If you were injured as a passerby or because you work or live near a construction site, you may also be able to sue for a construction accident. Lawsuits can often be filed against construction firms for
- Dangerous premises
- Big accidents (demolition, explosions) that reach beyond the construction site
- Injuries on sidewalks
- Injuries in buildings undergoing renovations.
How Do I Tell if I’m an Independent Contractor?
Since independent contractors are allowed to sue and employees are not, understanding the difference is important. Construction workers are also one of the areas most ripe for misclassification.
Typically, an employee works for a company and has to follow their employer’s instructions for work hours, manner of work, etc. Contrast that with independent contractors who often work for themselves doing one-off jobs, control their own workflow, and often perform a different trade or business than the company that hired them.
Should I Sue or Use Insurance?
The facts typically dictate your best options for recovery. If you can file a lawsuit, it is often best to do so, but that also does not necessarily stop an insurance claim.
Talk to our lawyers about whether the facts of your case permit a lawsuit and what additional damages we may be able to help you claim beyond what insurance could cover. Also, keep in mind that suing does not necessarily mean you have to go to trial; you can settle lawsuits before that point.
Call Our Construction Accident Attorneys in Bolingbrook, IL
Call Rhatigan Law Offices today at (312) 578-8502 for a free case evaluation with our construction accident lawyers.
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