Every year, construction site negligence results in a variety of accidents, such as objects falling from heights, slips, lifting injuries, equipment malfunctions, and exposure to hazardous substances. In these cases, the victim is entitled under Illinois law to pursue financial recovery to help them deal with the consequences that they have and will face.
Depending on the nature of the accident and who caused it, you may be eligible for Workers’ Compensation benefits or able to file a lawsuit against the party responsible for causing the accident. The availability of each of these paths depends on specific Illinois laws that may be difficult for you to assess on your own.
Therefore, you can benefit from the experience and resources of the dedicated Chicago construction accident lawyers at Rhatigan Law Offices. Call us today at (312) 578-8502 to get started with a free initial case assessment.
Causes of Construction Accidents in Chicago
Construction sites are full of potential hazards, regardless of the size or nature of the project. Some of these hazards can be made worse by the negligence of the various parties involved. Below are some of the most common causes of construction site accidents and injuries in Chicago.
Falling Objects
Incidents where people are struck by items falling from heights rank among the highest causes of negligent injury throughout the country every year. This is a particularly significant issue on construction sites, where tools, equipment, and materials may not be secured appropriately if being used on ladders or scaffolding.
Slip and Falls
Construction sites often utilize temporary flooring or stairs to facilitate the workers getting to the locations that they need to. Even though this ground is only temporary, it is still necessary to make sure that it is safe for use. If there are hazards that cannot be cured, the operator must inform both workers and others who may walk through the area that the ground is unstable and that they should use caution.
Lifting Injuries
Construction work often includes the moving of heavy materials or equipment from one place to another. The site operator should provide safe options and training for workers who frequently must carry heavy loads on site.
Even still, the force that lifting heavy objects can put on a person’s body can cause muscle strains, stress fractures, or back injuries. Workers may also exacerbate preexisting conditions, which may be compensable through Workers’ Compensation despite the original injury occurring earlier.
Defective Equipment
Construction equipment and machinery manufacturers have a legal duty to make products free of defects that could foreseeably cause harm in case of malfunction. This is because workers who rely on their equipment working as intended can sustain serious injuries if the equipment were to malfunction.
Construction equipment leasing companies owe similar duties, so it may help to discuss your case with a Chicago construction accident lawyer to help you determine who is liable for your injuries.
Scaffolding Failures
Construction site operators will often contract with scaffolding companies to provide the structures that allow them to do their work effectively. However, effective scaffolding must be built, installed, and maintained properly in order to prevent catastrophic failure. If scaffolding were to shift or collapse while workers are using it, the resulting injuries could be severe.
Toxic Exposure
Construction projects on older buildings or industrial facilities can often reveal dangerous chemicals or other substances such as asbestos. These can cause workers to contract serious illnesses that may result in long-term or even indefinite disabilities.
If you were recently diagnosed with an illness that you believe may be connected to your work on a construction site, learn more about your potential recovery from your Chicago construction accident attorney.
What Evidence Should I Be Looking for in a Construction Accident Case?
Construction accidents vary based on the type of work being done, the tools used, and the risks workers face on the job. Below are some common pieces of evidence that often come up in construction accident cases, although your specific case may involve alternative or additional evidence.
Witness Testimony
Construction sites tend to be busy places with lots of workers. If an accident occurs, many other workers will likely have seen the whole thing. Some of them might have even rushed to render aid while waiting for emergency responders.
As such, we should speak with your coworkers and others who were present when you were injured. Often, victims of construction accidents cannot remember what happened, or the accident happened so quickly that they are unsure of what went wrong. An eyewitness who saw the accident from afar may be able to shed new light on the situation.
Security Camera Footage
Many construction sites are targeted by trespassers and thieves seeking to steal tools, machinery, or construction materials for personal use or resale. As such, many construction sites have security cameras to monitor the site and deter trespassers.
We should act quickly to obtain copies of security camera footage from the construction site. This footage may show us exactly how the accident occurred. If we do not collect it quickly enough, it could be erased or deleted.
Medical Records
We need proof of your injuries in order to get fair compensation, and your medical records may be crucial. Your records may show how badly you were injured and your likely prognosis. They may also be necessary if your injuries are highly complex and difficult for the average person to fully understand.
Liability Rules for Construction Accident Injury Recovery in Chicago
If you were injured while on the job in Chicago, there are ways for you to recover financial compensation that will help you deal with the consequences. However, it is important to identify the path (or paths) that may be available to you to seek this compensation.
Workers’ Compensation
The Illinois Workers’ Compensation Act makes Workers’ Compensation Insurance the “exclusive remedy” for employees who are injured in accidents where no fault or assigned or where their employer was at fault. In other words, if your employer’s negligence led to your workplace injury, you likely cannot file a lawsuit to recover compensation. Instead, you must file a claim under the Workers’ Compensation insurance coverage that your employer provides.
Can I Sue if I am Eligible for Workers’ Compensation?
There are a few notable exceptions to the exclusive remedy rule that may allow a construction accident injury victim to file a lawsuit. This is often the better (and more lucrative) path to recovery. Our Chicago construction accident attorneys have provided a brief summary of these exceptions below.
Exceptions to Exclusive Remedy Workers’ Compensation Rule for Construction Accidents in Chicago
If Workers’ Compensation covers your case, your ability to sue for a construction accident may be restricted. However, this rule has numerous exceptions, and your attorney may find a way to help you file a lawsuit.
Exposure to Toxic or Hazardous Materials
In 2015, the Illinois Supreme Court determined that employees who contract illness or injury due to toxic exposure on their job site may step outside of the exclusive remedy rule if their employer’s negligence played a role in causing their exposure.
Suing Your Employer
You can also sue your employer directly if they caused your injury intentionally. When an employer intentionally harms an employee, their actions are viewed as outside the scope of the business. Therefore, the employer does not receive the same protection from liability through the Illinois Workers’ Compensation Act.
Suing Third Parties
You should also consider whether a third party, such as a subcontractor or product manufacturer, was responsible for causing your workplace injury, as these parties are not shielded from liability for a workplace accident.
Independent Contractors
When it comes to Workers’ Compensation, independent contractors may run into difficulties in their recovery efforts. Technically, independent contractors are not eligible for Workers’ Compensation coverage in Illinois. However, employers frequently misclassify their traditional employees as independent contractors.
Therefore, even if you file a 1099 income tax return rather than a W-2, it is possible that you have been classified incorrectly and are still eligible for compensation for your construction injuries. Discuss the qualities that separate an independent contractor from a traditional employee with your Chicago construction accident lawyer.
Why Should I Sue for a Construction Accident in Chicago?
You might have numerous legal options after being injured on a construction site, but a lawsuit may be your strongest option. Our legal team can help you from the very beginning of your lawsuit to the very end.
Insurance Does Not Cover Everything
Your injuries may be covered by Workers’ Comp, but only to a certain extent. It usually only covers medical bills and about two-thirds of your lost income. It does not cover the full extent of your income, nor does it cover non-economic damages like pain and suffering. To get those and other damages covered, you may need to file a lawsuit.
Your Injuries May Cause Immense Pain and Distress
You should also consider suing the people responsible for your construction accident because your injuries may be severe and come with long-term pain. Many injured victims live with chronic pain for many years or forever. Living with that kind of pain can lead to serious mental health problems, and victims often experience intense depression over the loss of quality of life.
A lawsuit can help you claim significant damages for pain and suffering, which are not covered by Workers’ Comp.
Responsible Third Parties
You should file a lawsuit if someone other than your employer is responsible or partially responsible. While Workers’ Compensation does not allow injured employees to sue their employers for work-related accidents, it does not stop them from suing third parties. You might sue the negligent manufacturer of a power tool that was defective and malfunctioned, for example.
FAQs About Legal Action for Construction Accidents in Chicago
Can I Sue for My Injuries from a Construction Accident in Chicago?
Maybe. You may be covered by Workers’ Compensation and restricted from suing your employer and coworkers. Even so, you may sue other parties or even your employer if special exceptions apply to your case.
Can Injured Independent Contractors Sue for Construction Accidents?
Independent contractors in the construction field in Illinois are legally considered employees and are covered by Workers’ Compensation. This means they are prohibited from suing the person or company that hired them, as well as their coworkers. However, they may sue responsible third parties.
What Are Some Common Causes of Construction Accidents?
Many construction accidents stem from the following common causes:
- Falling accidents, such as a worker might fall from a ladder, a rooftop, or any other elevated surface.
- Crushing accidents where a victim is pinned or crushed against walls, heavy materials, or machinery.
- Falling debris on construction sites.
- Roadside construction crashes
- Defective tools and machinery
- Electrical shocks and burns
What Evidence Do I Need to Sue for a Construction Accident in Chicago?
We need evidence specific to your accident and injuries, but common evidence may include eyewitness testimony, your medical records regarding your injuries, security camera footage, and safety records for the construction site.
What Kind of Compensation Can I Receive for a Construction Accident?
You may receive compensation for various economic and non-economic injuries if you file a lawsuit after a construction accident. Compensation may be awarded for hospital bills, lost income, pain, suffering, humiliation, and more.
When Should I Contact a Lawyer About a Construction Accident?
In Illinois, plaintiffs suing for personal injuries, including those from a construction accident, must file their claims in court no later than 2 years after the accident. As such, it is best to contact an attorney about your situation as soon as possible. Even if you are unsure of what you want to do, a lawyer can advise you of all your legal options, including a lawsuit.
You also need a lawyer to help you file a Workers’ Compensation claim. They can help you report the injury to your employer if you have not done so – which must happen within 45 days of the accident – and you have only 3 years to file a Workers’ Comp claim.
Get Compensation for Your Chicago Construction Accident Injury with Rhatigan Law Offices
To get a free initial case assessment from the seasoned Chicago construction accident lawyers at Rhatigan Law Offices, reach out to us at (312) 578-8502 at your earliest convenience.
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