Construction sites are known for being dangerous, and contractors and employers are often responsible for making sure the site is safe for workers. If you were injured on a construction site, you should ask a qualified attorney about what you can do to get fair financial compensation.
After a construction accident, multiple people or entities may be held responsible. The contractor who hired you, the property owners, and various third parties might be to blame. Many injured employees can file claims for Workers’ Compensation. However, a big part of Workers’ Compensation is that injured employees cannot sue their employers for work-related accidents and injuries. Even so, you may be able to sue third parties who contributed to the accident.
Talk to our construction accident attorneys in a free, private case review when you call the Rhatigan Law Offices at (312) 578-8502.
Who Should Be Held Responsible for Construction Accidents in Orland Park?
Construction accidents can be complicated, often involving large-scale projects, heavy machinery, and power tools. Numerous people or entities might be responsible, and your attorney can help you decide how to take legal action.
General Contractors
General contractors are often in charge of the entire construction project. They are often permitted to hire various other workers, including subcontractors, and they may be responsible for maintaining safety on the construction site. If an accident is the result of a general contractor’s negligent failure to maintain site safety, they may be held responsible.
Property Owners
In some cases, the owner or owners of the property may be held responsible for an accident. This is sometimes the case if the accident is the direct result of unsafe conditions on the property that general contractors and other workers were not warned about.
For example, if a property owner hired construction workers to rebuild their roof but failed to mention that the roof is suffering from wood rot, a worker could fall through the roof and be injured. In that case, the property owner may be responsible for failing to inform the construction team of the hazard.
Subcontractors
General contractors usually hire subcontractors to perform specific aspects of the construction work. For example, a general contractor might hire an electrician as a subcontractor to do the wiring in a new building.
If an accident is the direct result of a subcontractor’s negligence, they may be held responsible. For example, if the electrician negligently left live wires exposed and someone else got shocked, the electrician may be responsible.
How Can You Get Financial Compensation After a Construction Accident?
Financial compensation may be available, and your lawyer can help you determine the best way to obtain it. Keep in mind that injured employees often cannot sue their employers for work-related accidents, according to Workers’ Compensation laws. Even so, you may have several other legal options.
Workers’ Compensation
Employers are generally required to carry the insurance required to provide injured employees with Workers’ Compensation benefits. If you were injured on the job, you should speak to an attorney about possibly filing a Workers’ Compensation claim.
If Workers’ Compensation is available, it may be your sole legal remedy, meaning you are not allowed to sue your employer for a work-related accident. Even so, you may sue your employer if we have evidence that they deliberately caused the accident or that they lacked the insurance needed to provide Workers’ Compensation.
Personal Injury Lawsuit
Despite Workers’ Compensation laws that might limit your ability to sue your employer, there may be other responsible parties you can sue for damages.
Third parties are not shielded from liability by Workers’ Compensation laws. Such parties might include a company that manufacturers power tools. If a defective tool caused your injuries, the manufacturer might be held responsible in a lawsuit.
Settlements
Not all injury cases end in a trial and verdict. Many cases, if not most, end with settlements. The defendant may offer a hefty settlement to avoid a trial, especially if they know they are likely to lose in court.
Your lawyer should gather the strongest evidence possible to leverage a better settlement that covers as much of your damages as possible.
FAQs About Suing for Construction Accidents in Orland Park
How Do Construction Accidents Often Happen?
Many construction accidents involve falling accidents, crushing accidents, shocks, burns, and faulty tools or machinery. How an accident happens often depends on the type of work being performed and whether contractors or subcontractors have done their due diligence to make sure the site is safe.
How Can You Get Compensation After a Construction Accident in Orland Park?
You may obtain compensation by filing a Workers’ Compensation claim. Keep in mind that if you file for Workers’ Compensation, you may not be allowed to sue your employer for the work accident. However, you may sue third parties, like the manufacturer of faulty tools or trespassers who damaged the construction site.
Do You Have to File a Workers’ Compensation Claim After a Construction Accident?
It depends. Most employers are required to carry Workers’ Compensation insurance. If you are an employee who is eligible to file a claim, it may be your sole legal remedy, meaning you cannot also sue your employer for the work-related accident. However, you may still sue third parties, and you may recover non-economic damages that are not available through Workers’ Compensation.
Who Can You Sue for Damages After a Construction Accident?
You may sue various third parties for the accident. These might include manufacturers of fault tools or machinery, trespassers who damaged the site or equipment, thereby causing the accident, or even clients or property owners who are somehow responsible for the accident. If you file for Workers’ Compensation, you typically cannot sue your employer for the work-related accident.
What Evidence Should You Have to Prove Your Claims in a Construction Accident Case?
Evidence to support your claims may include, but is not limited to, security camera footage, witness testimony, your medical records, and safety or inspection records about the construction site and site maintenance.
Ask Our Construction Accident Attorneys in Orland Park for Legal Support Now
Talk to our construction accident attorneys in a free, private case review when you call the Rhatigan Law Offices at (312) 578-8502.
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