Injuries on Mount Prospect construction sites can leave workers with temporary or even permanent disabilities, resulting in expensive medical bills and lost wages. Making sure you get full compensation is an important part of your recover process.
Our lawyers can help you file a lawsuit to cover damages for your construction accident. However, there may be damages you can claim before that through Workers’ Compensation, and Workers’ Compensation might block damages in some cases. Check with an attorney about what additional damages you may need through a lawsuit.
For a free case review, call Rhatigan Law Offices’ construction accident lawyers at (312) 578-8502.
What is the Process for Filing a Claim After a Construction Accident?
Construction accident cases typically have two stages: Workers’ Compensation claims and lawsuits.
Workers’ Comp Claims
While our construction accident attorneys do not handle Workers’ compensation claims, it is important to understand the process.
You can file a claim directly with your employer by notifying them of the injury within 45 days of the accident. Then, if they reject your claim, you can file a formal Workers’ Compensation claim within 3 years of the accident.
However, Workers’ Compensation only pays medical bills and 2/3 of lost wages, plus permanent partial disability benefits.
Lawsuits
You cannot file an injury lawsuit against your employer for a work-related injury, but you can sue other at-fault parties for their share of damages. These claims often come after the Workers’ Compensation claim, since the process might be longer, and that claim might cover immediate needs without needing to prove fault.
When you file a lawsuit, you file a complaint in court and progress the case through to trial. Claims often settle well before trial, but we can go to trial if not.
What Damages Can You Claim for a Construction Accident in Mount Prospect?
Damages through Workers’ Compensation are limited to medical bills, 2/3 of lost wages, and some additional payments for permanent partial disabilities. However, in a lawsuit, you can recover these damages:
Medical Bills
The cost of all care should be covered. If you recover damages that Workers’ Compensation already paid for, they can demand reimbursement only for those amounts.
Lost Wages
Lawsuits can pay full lost wages, not just the 2/3 rate you might receive as benefits. This can cover the full cost of your ongoing disability and protect you and your family’s monetary needs for years to come.
Other Expenses
Serious injuries often cause other economic harms as well, such as property damage, childcare costs, or hospital transportation costs. These damages can be reimbursed in a lawsuit, so save all receipts and other financial records.
Pain and Suffering
Perhaps the most important part of filing a lawsuit is recovering pain and suffering damages. These are not available in a Workers’ Comp claim.
Construction accidents often cause amputations, brain injuries, spinal cord injuries, and other extreme injuries. Damages are necessary for things that fit under pain and suffering, such as
- Mental anguish
- Emotional distress
- Lost ability
- Lost enjoyment
- And more.
Evidence Needed for a Construction Accident Lawsuit
The more evidence you have of what happened and how much your damages cost, the stronger your case often is. The following evidence is important in a construction accident case:
Testimony
Testimony from yourself and your coworkers can detail what happened leading up to the injury and whose fault it was. With additional testimony from other witnesses, your case is even stronger than if it is your word alone.
Employment Records
If your employer has internal records, such as accident reports, we can use them to show accounts of what happened that come from the time the injury happened, rather than months later.
Security Video
Construction sites often have security cameras recording, not to document everything employees do, but to deter theft after hours. If there were security cameras that recorded the accident, we can use that footage to show what happened.
Medical Records and Doctors’ Reports
Records of what injuries were treated and how doctors assessed your condition can show the jury how severe your injuries were. In many cases, the extent to which you can work going forward will be an important piece of evidence when proving lost wages.
Bills and Financial Records
Records of your pay rate and other expenses are needed to prove damages.
Tools and Equipment that Injured You
Especially in claims against tool manufacturers or other product manufacturers, having the actual items that injured you can be important. This allows us to have experts examine them and show what was wrong with the design or manufacturing process.
Save any items involved in the accident, if you can do so safely. Some broken machinery or tools might be too dangerous to reasonably keep.
FAQs for Construction Injury Claims in Mount Prospect
How Long Do You Have to File a Lawsuit?
Injury claims in Illinois usually need to be filed within 2 years of the accident.
Can You Sue if You Are Injured Working Construction?
While Workers’ Compensation laws prevent employees from suing their employers for work-related injuries, this restriction does not apply to lawsuits against outside third parties like
- Drivers
- Equipment manufacturers
- Material suppliers
- Outside contractors
- Property owners.
Can You Sue Your Employer as an Injured Construction Contractor?
“Independent contractors” are not barred from suing their clients, since there is no employer-employee relationship there. However, nearly all construction contractors in Illinois are, by law, treated as “employees” under these rules.
This likely blocks lawsuits against your employer, but not other parties.
Do You Need a Lawyer?
Yes. You are not legally required to have a lawyer, but without one, you will have trouble
- Putting a value on your case
- Negotiating with insurance and
- Taking your case to trial.
Work with our lawyers to maximize your damages and put our experience to work on your case.
Call Our Construction Accident Lawyers in Mount Prospect for Help Today
If you were hurt in a construction accident, call Rhatigan Law Offices’ construction accident attorneys at (312) 578-8502.
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