Getting damages for a construction accident can be complex. Workers are sometimes considered “employees,” which blocks them from suing their employer for injuries. However, claims against other parties are often allowed.
If you were injured by another contractor, defective safety gear, or some other cause, then our lawyers can help you file a claim against that person or company for your injuries. If you were injured by your own employer, then you might not be able to sue them unless you are considered an independent contractor, which is often up for debate in construction injury cases.
For a free review of your case, call the Rhatigan Law Offices’ construction accident lawyers at (312) 578-8502.
Can I Sue for a Construction Accident?
Your ability to sue may be limited by your employment status, according to Workers’ Compensation rules. Generally speaking, “employees” cannot sue their employers for work accidents, but you can still sue third parties.
Employees vs. Independent Contractor
Whether a construction worker is an “employee” or not is often a contentious issue, with the law often leaning toward “employee.” Since employees cannot sue their employers for work accidents, this might limit your right to sue if you meet the criteria of an “employee”:
- Employees do not control their own work, timing, performance, etc.
- Employees perform the same type of services as their employers.
- Employees perform the same trade or business as their employers.
These factors are all weighed together, and it takes a combination of them to stop your classification as “employee.” If you are properly classified as an “independent contractor,” then you can sue your employer/client.
This is common for trades workers who are hired for one-off jobs or general contractors hired by other businesses for renovations, etc.
Third-Party Defendants
Other parts are always open to lawsuits, even if your accident happened during your work. For construction workers, it is common to sue
- Drivers for auto accidents involving roadside construction
- Scaffolding and safety gear manufacturers for collapses and other injuries
- Power tool and machinery manufacturers for defects and injuries
- Property owners for undisclosed dangers
- Suppliers and supply manufacturers for defects and dangers
- Crane and other heavy machinery operators or rental companies for accidents
- Other contractors for accidents, e.g., electricians.
How Do I Bring a Claim?
After your injury, take the following steps:
Get Medical Care
This will document the injuries you faced, as well as when they happened. Your doctor’s notes can also link the injuries to the accident.
You also have a duty, as a victim, to mitigate damages by following through with medical care and avoiding anything that might make your injury worse.
Gather Evidence
If you can, get any evidence about the accident. For example, talk to witnesses and get their names and contact info so you can have them make statements later. Also get photos of the accident scene, save any defective products, and otherwise gather information before the accident scene is cleared away.
Call a Lawyer
Our construction accident attorneys can help you collect other evidence, such as security camera footage and medical records. We can also help you determine who is at fault, examine your right to sue, and help you calculate damages.
Damages Available
Every injury case is a bit different, and you should be able to claim any damages that you suffered. This generally includes compensation for both economic and non-economic damages.
Economic Damages
Economic damages cover the expenses related to your injury, such as
- Medical bills
- Lost wages and future earnings
- Property damage
- Expenses to deal with a disability
- Childcare
- Hospital transportation
These damages are usually proven through financial records and bills.
Non-Economic Damages
Injuries hurt, but there is no receipt or bill for that harm. Even so, the court can assign a monetary value to the intangible harms you faced and order payment to compensate you for those as well. These non-economic damages include compensation for
- Pain and suffering
- Emotional distress
- Mental anguish
- Scarring and disfigurement
- Lost ability
- Changes to your activities of daily living because of a disability
Since there are no bills to prove these values, our lawyers will need to apply various calculation methods and bring proof, such as your testimony and the testimony of loved ones, about how the injury affects your life.
FAQs for Construction Accident Lawsuits in Schaumburg, IL
Can I Sue as a Contractor?
Your job title of “contractor” might not match up with your legal status as an “independent contractor.” Rules might prevent you from suing your employer if you are deemed an “employee,” but it usually does not stop you from suing a third party for injuries.
Can You Sue for a Loved One’s Death on a Construction Site?
Our attorneys can also help the family of victims bring wrongful death suits for a loved one’s death. Similar considerations apply regarding the right to sue for work-related injuries, but our lawyers can examine all options.
Do I Need an OSHA Violation to Sue for a Construction Accident?
Worksites are governed by plenty of state and federal regulations, but you do not need to prove a violation of one of these regulations to bring an injury claim. It can help, as a violation of OSHA rules is often a breach of a legal duty. However, some accidents – such as car accidents with roadside crews – involve other violations (speeding, drunk driving, etc.).
How Long Do I Have to Sue?
Injury victims typically get 2 years to file injury claims under the Illinois statute of limitations for personal injury claims.
Who is at Fault?
Fault can be assigned to multiple parties. Anyone whose irresponsible or negligent, or whose illegal actions contributed to the accident, can be held responsible for their fair share of damages under our comparative negligence laws.
However, these rules can also put partial blame on the victim, who cannot recover if they are over 50% at fault.
Who Determines Fault?
If you file an insurance claim and are dealing directly with the insurance company, it will be up to them whether they accept that their policyholder is at fault. When you take the case to court, the jury determines fault.
Call Our Construction Accident Lawyers in Schaumburg, IL Today
Call (312) 578-8502 for a free case review with the construction accident lawyers at Rhatigan Law Offices.
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