When you get hurt at work, it can leave your family with no income and high-dollar medical bills. On top of that, serious pain and suffering deserves compensation.
In construction accidents like trench and excavation accidents, you are often able to file through Workers’ Compensation. While we do not take Workers’ Compensation cases, we can work with your Workers’ Compensation lawyers to gather evidence and file a separate lawsuit, potentially recovering additional damages far and above what Workers’ Compensation can pay for.
If you were hurt in an accident, call the excavation accident and trench collapse lawyers at Rhatigan Law Offices (312) 578-8502 to get started on your case.
Filing a Workers’ Comp Claim for Excavation and Trench Collapse Accidents
After a work injury, Workers’ Compensation can pay you as long as the injury was work-related. This comes with some pros and cons, and certain requirements.
Requirements
Only “employees” are covered. In construction, the definition of “employee” is expanded and typically covers even workers who might call themselves contractors or subcontractors. Only “work-related” injuries are covered, and disabilities must keep you from work for at least 3 days before you can be paid wage-loss benefits.
You usually must get medical treatment and undergo exams by doctors your employer chose as part of the process.
No Fault
Workers’ Compensation is a no-fault system, meaning it pays regardless of who caused the accident. This means you can file if your employer was responsible, if a coworker was responsible, or if you or an outside party was responsible.
However, you cannot file a claim if you caused your accident intentionally.
Timeline
Workers’ Comp claims start with notice to your employer within 45 days of the injury, but you should file this as soon as you can. Employers then get limited time to investigate the claim and determine whether to pay or not. If they deny you, you can get an attorney to file a formal claim within 3 years of the injury.
These claims can often take months to negotiate and over a year to go to full adjudication through a hearing. Then we can step in and file a lawsuit, if available.
Filing a Lawsuit for Excavation and Trench Collapse Accidents
In a lawsuit, you can recover additional damages beyond what Workers’ Compensation will ever cover. However, you can only file lawsuits against particular parties.
Available Defendants
Workers’ Compensation rules block lawsuits against your employer so that Workers’ Compensation is the “sole remedy” against your employer for work-related injuries. However, you are free to sue outside third parties.
This often means suing
- Safety gear manufacturers who produced defective or dangerous gear
- Outside contractors who caused collapses or cave-ins
- Property owners who failed to disclose known dangers or issues that might cause injury
- Drivers or passers-by who cause a collapse by causing another accident.
Requirements
In a Workers’ Compensation claim, you can get benefits without proving fault as long as the injury was work-related. In a lawsuit, our excavation accident and trench collapse attorneys need to prove the defendant was responsible for the accident by proving
- The defendant owed you a legal duty, often based on what is reasonable, or on explicit rules, such as OSHA regulations.
- The defendant breached or violated that duty.
- The breach caused your accident.
- You suffered injuries and damages the court can reimburse.
Getting Additional Damages
While Workers’ Compensation can cover medical bills and 2/3 of your lost wages (subject to caps), lawsuits can recover more. Your lawsuit can recover full compensation for
- Medical bills
- Past and future lost earnings
- Mental anguish
- Pain
- Emotional distress
- Property damage
- Childcare costs
- Hospital transportation
- And more.
These can include both economic and non-economic damages; Workers’ Compensation does not pay non-economic damages.
How Do OSHA Rules Affect Excavation and Trench Accidents?
Rules from OSHA (the Occupational Safety and Health Administration), as well as rules from equivalent state administrations, are in place to make excavations and trenching safer. Violations of these rules can help supply proof that the defendant breached a legal duty in your case.
Do You Need an OSHA Violation to Win Your Case?
No. OSHA violations help prove the at-fault party was indeed at fault, but it is not a requirement. Other unsafe activities or failures that do not constitute an OSHA violation might suffice.
That being said, many things unsafe enough to cause a trench collapse or excavation injury often do also qualify as OSHA violations.
Common OSHA Violations in Trenching and Excavation
Some of the most fundamental OSHA regulations deal with sloping, shoring, and shielding to help prevent cave-ins. They further cover training and best practices, what to do if there is a problem, and how to inspect trenches for safety.
Accidents often do not happen unless one of these rules has been violated.
FAQs for Injured Trench Collapse and Excavation Accident Victims
How Long Do You Have to File Your Case?
Workers’ Compensation claims start with notice to your employer within 45 days of the accident. If your claim is rejected, then you can file your formal claim through the state within 3 years of the accident.
A personal injury lawsuit in Illinois typically must be filed within 2 years of the accident. This is true for both injury and wrongful death cases.
What Damages Can You Recover?
A Workers’ Compensation claim is typically limited and only pays for
- Medical bills
- 2/3 of your pre-injury wage.
When you file a lawsuit, you can recover more:
- The same coverage for medical bills
- Full lost wages
- Pain and suffering
- Property damage
- Other economic damages.
If you are reimbursed for the same damages twice, you often have to pay back your employer/their insurance carrier for what they already spent through what is known as “subrogation,” but you keep the rest.
Call Our Trench Collapse and Excavation Accident Lawyers in Chicago Today
For your free case review, contact our excavation accident and trench collapse lawyers today at Rhatigan Law Offices at (312) 578-8502.
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