Construction sites are notoriously dangerous. The combination of heavy equipment, unfinished buildings, and a busy work crew can lead to accidents that impact workers and bystanders. Getting compensation should be straightforward but can become complex.
You must find the responsible party—property owner, contractor, subcontractor, manufacturer, individual worker—the list seems endless. Once you locate them, you must demonstrate that their negligence led to your injury unless the responsible party is your employer, where you may have a worker’s compensation claim.
Finding the responsible party and bringing the correct type of claim are just the first steps toward recovering financially from your injuries. A Rosemont construction accident lawyer at The Kryder Law Group could help you with every step, from consultation through settlement or trial. Call today to schedule a free consultation and discuss your case with one of our experienced personal injury attorneys.
Workers’ Compensation and Construction Accidents
Illinois is a workers’ compensation state. That has pros and cons for employees. The biggest benefit is that it removes the need to prove negligence. You do not have to demonstrate that your employer did something wrong to get workers’ comp payments. All you need to prove is that the injury occurred at work. That simplifies the claims process and generally results in people getting money more quickly. Workers’ comp benefits cover medical costs, lost wages, and loss of future earning capacity.
Unfortunately, workers’ comp also has a substantial negative impact—employees cannot recover for non-economic injuries like pain and suffering. Furthermore, it keeps employees from being able to sue their employers in most cases. To file a lawsuit, you must demonstrate that the employer’s behavior was not simply negligent but egregiously reckless.
Unlike some states, Illinois will allow employees to sue their employers, even if the employer carries workers’ compensation. However, to do so, the employee cannot accept any workers’ compensation payments. Suppose you think you may have a lawsuit against your employer. In that case, consulting with a qualified construction accident attorney in Rosemont is critical before accepting any compensation.
Third-Party Claims for Construction Site Injuries
Not all construction injuries impact employees. Sometimes, they affect a third party—contractor, bystander, visitor, etc. The relationship between the injured person and the party responsible for the injury is crucial in determining whether someone can file a third-party claim.
Workers’ compensation only covers employees. The test for whether someone is a worker is not their workplace designation. Instead, it is the amount of control and self-direction over their work. In some instances, it can be beneficial to be an independent contractor because it opens up the potential to recover non-economic damages like pain and suffering.
A diligent Rosemont lawyer handling construction accident cases could investigate if you have any third-party claims. If so, they could help you file those claims and advise whether you can accept workers’ compensation payments and still file them.
Common Types of Construction Injuries
There are infinite possibilities for injuries at construction sites. Heavy equipment and vehicles can lead to injuries, including severe crush injuries. Falls from ladders or scaffolds are a significant risk—so is having objects fall on you from above. Exposed wires increase the chance of electrocution, and hazardous substances can even lead to explosions.
Construction injuries can range from minor to deadly. Likewise, they can be temporary—only interrupting your ability to work for a very short time—or long-lasting.
Some of the most common injuries include:
Most people do not know how to value long-term injuries. These lasting injuries may require a lifelong need for medical care and accommodations. Ensuring that any settlement you receive is substantial enough to cover all those costs is critical. A well-practiced Rosemont construction injury attorney could help you properly value your injury’s short- and long-term costs.
Consult Our Construction Accident Attorneys in Rosemont
After being injured on a construction site, information is your best friend. Consulting with an attorney allows you to learn more about your potential legal remedies. A Rosemont construction accident lawyer at The Kryder Law Group could review the circumstances surrounding your accident and determine who may be responsible. They could also compare your injury to others to help you understand the long-term costs. Based on all of this, they could advise you on the best path to recovery. Schedule a consultation to get started today.
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