People who work in the construction field are no strangers to risky working conditions. The construction industry is famous for accidents and injuries. Employers have a responsibility to enforce safety protocols and make sure the construction site is safe for workers. If they do not, accidents may occur, and they may be held responsible.
How you obtain fair compensation for a construction accident will vary based on how you were injured and hired. It may be possible to sue those responsible for the accident. However, if you file a Workers’ Compensation claim, you are not permitted to sue your employer for the work-related accident. Even so, you may sue third parties if they are to blame.
Begin your case with a free, private legal review by calling our construction accident attorneys at the Rhatigan Law Offices at (312) 578-8502.
How Do You Obtain Evidence to Support a Construction Accident Lawsuit
Before you can get financial compensation for your injuries, we must gather evidence that back up your claims. This may require us to investigate the accident scene, speak with your coworkers, and review available safety inspection reports.
Medical Records
Construction accidents often lead to severe injuries, and you should get to a hospital immediately. The doctors and nurses in charge of your care are required to document everything about your injuries and treatment. These records can then be used as evidence of your injuries to establish your damages.
Security Cameras
Construction sites are often equipped with several security cameras. These cameras are often meant to deter trespassers who might try to steal valuable construction tools and materials, but they may record your accident on video.
Since the videos are likely under the defendant’s control, our construction accident attorneys may need to wait until the discovery phase of your lawsuit before we can review them.
Construction Site Safety and Inspection Records
It is possible that the construction site where you were injured was previously inspected. The federal Occupational Safety and Health Administration (OSHA) often visits sites and conducts inspections when there are reports or complaints about working conditions. We can review these reports, if available, to determine whether previously reported hazards have been corrected.
Who Can You Sue for Damages After a Construction Accident in Oak Lawn?
Various people or entities may share blame for the accident, but Workers’ Compensation laws might restrict your ability to sue certain people.
Employers
Employers are often responsible for maintaining safety standards on construction sites, and they can be held liable for accidents and injuries. However, if you are covered by Workers’ Compensation, it may be your sole legal remedy, meaning you cannot sue your employer.
Workers’ Compensation laws typically prohibited injured employees from filing lawsuits against their employers for work-related accidents. However, this restriction might not apply if we have evidence that your employer deliberately caused the accident.
Coworkers
In some cases, construction accidents result from negligent coworkers. According to Workers’ Compensation laws, injured employees usually cannot sue a coworker for a work-related accident if they both work for the same employer.
On a construction site, not all workers are employed by the same person. General contractors might hire several subcontractors, and those subcontractors may hire their own teams of workers. This means many people working alongside each other on a construction site may not share the same employer, and you may be able to sue them if they caused your accident.
Third Parties
Workers’ Compensation laws do not prevent injured employees from suing third parties. Third parties may include anyone outside the employer-employee relationship. For example, if you were injured because of defective power tools, the company that manufactured those tools may be sued and held liable as a third party.
Even if you are receiving Workers’ Compensation benefits, it is a good idea to sue third parties you believe are responsible. A lawsuit may help you obtain significant non-economic damages for pain and suffering that are not available through Workers’ Compensation.
FAQs About Construction Accident Claims in Oak Lawn
Can You File a Lawsuit for Construction Accidents?
Yes. After a construction accident, you may be able to sue the person or people responsible. However, if you are covered by Workers’ Compensation, you might be prohibited from suing your employer for a work-related accident. Similarly, you cannot sue coworkers if they share the same employer as you.
Can You Sue for a Construction Accident if You File a Workers’ Compensation Claim?
Yes. Workers’ Compensation laws generally prohibit injured employees from suing employers for work-related accidents, but you may still sue third parties, like manufacturers of defective equipment. You may be able to sue your employer if we have evidence that they deliberately caused the accident.
Are You Allowed to Sue Your Employer for a Construction Accident?
Generally, no. Workers’ Compensation laws prohibit injured employees from suing their employers for work-related accidents. However, you may be able to sue your employer if they deliberately caused the accident that injured you.
When Should You File a Lawsuit for a Construction Accident?
If you file a personal injury lawsuit for injuries sustained in a construction accident, you have 2 years to do so. In Illinois, the statute of limitations gives plaintiffs 2 years beginning on the date they are injured to file a case in court. If you miss this deadline, you may be time-barred from filing your case.
How Do You Investigate a Construction Accident for Evidence?
To investigate the accident, your attorney can help you interview witnesses, review security camera footage, obtain medical records, and review any available safety inspection reports. Much of your evidence may also be obtained during the discovery phase of your lawsuit, where each side must exchange relevant evidence and information.
Ask Our Construction Accident Lawyers in Oak Lawn for Help with Your Claims
Begin your case with a free, private legal review by calling our construction accident attorneys at the Rhatigan Law Offices at (312) 578-8502.
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