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Construction is consistently ranked among one of the most dangerous industries year after year. Despite the many safety rules and regulations in place, accidents continue to happen due to the inherent risks associated with the day-to-day tasks common in construction work.
If you experience a work-related construction accident, then you should immediately educate yourself regarding your options. For the most part, you should be eligible for some form of compensation if you were injured while performing your work-related duties. In general, Chicago construction accident attorneys are the best source of information and advice on how you should handle your injuries, but below, we’ll go over some general information about these types of claims.
What to Do If You’re Injured in a Construction Accident in Chicago
Were you just harmed in an accident at work? If so, then the first thing you should do is inform your employer, an on-duty supervisor, or another employee about what happened. This co-worker will be able to help you contact emergency services if necessary or help you get in a position to seek out the medical care you need. While you focus on your physical injuries, the co-worker will need to start investigating what happened and file a report. Construction accidents that result in injuries should always lead to an accident report. This report will detail what happened, who was harmed, and what steps were taken after the incident.
Once you’ve received the medical care you need, start collecting evidence and documentation that proves your losses. Your employer should already be getting started on a workers’ compensation claim, but you may want to explore your other options by speaking with an attorney before accepting any benefits, signing off on a workers’ compensation claim, or taking any other legal action.
Types of Compensation for Construction Accident Victims
When you seek recourse through a worker’s compensation claim, you’ll be eligible to receive compensation for injuries in the form of medical bills reimbursement, partial wage replacement, and possibly disability benefits, too.
Was your loved one fatally injured in a recent work-related incident? All construction employers are aware of the risks of the fatal four construction accidents, so they should always take steps to ensure your loved one’s safety when they’re performing one of those dangerous jobs. If your loved one was fatally injured at work, then you could have recourse through a workers’ compensation policy or a lawsuit.
When you file a third-party claim or another type of lawsuit, you can also pursue compensation in the form of pain and suffering, burial costs, funeral expenses, and more.
Challenges in Construction Injury Cases
One of the biggest challenges in construction injury cases is knowing how to handle your situation. Workplace safety violations on the part of your employer should be considered before you accept any workers’ compensation benefits. You also need to understand the extent of your injuries and whether they will lead to any permanent or temporary disabilities.
There is a statute of limitations that dictates how long you have to file a claim. If you want to pursue a lawsuit, then you only have up to two years after the date of the accident to file the lawsuit.
In most cases, the best way to navigate the challenges associated with a construction claim is to hire an attorney.
Legal Options Beyond Workers’ Compensation
The right lawyer can help you understand your options for recovery. Workers’ compensation is usually a default option, but you might have other choices, too, depending on what happened. For instance, if your employer failed OSHA inspections before your accident, then they could potentially be held negligent in a lawsuit and be responsible for covering even more of your losses than workers’ compensation coverage would.
Why You Should Choose Kermani LLP for Your Construction Accident Case in Illinois
Choosing the right lawyer in your situation is crucial. The right legal representation for construction accidents will help you recover the funds you need to thrive, and the wrong lawyer can leave you bearing the brunt of your losses on your own.
Here at Kermani LLP, we’re passionate about ensuring that you get the maximum amount of compensation possible. We’ll help you unpack your options, build up the right evidence, and leverage the law to your advantage.
Schedule Your Free Construction Accident Consultation
Are you looking to obtain work injury compensation after a recent construction accident? Consulting with Chicago construction accident lawyers about what happened is usually the best way to get fully informed regarding your options, rights, and the best path forward.
Are you ready to get started? Schedule your free construction accident consultation with our office now to get in touch with our construction accident legal team.
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Frequently Asked Questions
What are the rights of injured construction workers in Illinois?
As a worker, you have certain rights, including the right to be covered by workers’ compensation insurance if you experience a work-related accident. Under Illinois law, all employers are required to take out workers’ compensation policies for almost everyone hired in the state. There are things you could do that could limit your rights, though. For instance, if you consumed drugs or alcohol before your accident, you could lose your right to workers’ compensation benefits. It can also happen if you lie about your injury, exaggerate your pain, or make false statements about your diminished abilities.
How do I prove negligence in a construction accident case in Chicago?
After a construction accident case, you can prove negligence by establishing that:
- The other party had a legal duty to provide for your care.
- The other party failed to uphold their duty of care.
- This failure directly caused the construction accident.
- The construction accident led to specific injuries and losses.
If your employer, another employee, a parts manufacturer, or someone else was negligent and caused your accident, then it might be possible for you to file a lawsuit. This lawsuit can help you recover from the losses you’re experiencing from the accident, but your ability to file a lawsuit against your employer may be limited if you accept workers’ compensation benefits. To learn more about your specific options, it’s best to consult directly with an attorney who will consider your unique circumstances.
What safety regulations affect construction accident claims?
OSHA rules and safety regulations don’t impact workers’ compensation claims, since this insurance is a no-fault system. If you’re pursuing a lawsuit, however, safety regulations could impact your claim. Your employer has a legal duty to ensure all the proper safety regulations are being followed at their job site.
Can I sue my employer for a construction accident in Chicago?
It depends. In general, when workers’ compensation insurance comes into play, accepting this compensation will prevent you from suing your employer. The reason behind this makes sense — if you’re already collecting benefits from an insurance policy, then you shouldn’t be able to also sue your employer who took out the insurance policy.
That said, you might still be able to file a lawsuit against your employer if they didn’t have a workers’ compensation policy in place or if your employer intentionally skirted OSHA safety rules.
What should I do if I was injured by construction equipment?
If you were injured by construction equipment, then it’s important to investigate the situation fully to determine what caused the injury. Sometimes, it’s your own negligence that causes the incident. In these cases, consider using workers’ compensation to recover. At other times, though, it could be the equipment itself that was defective and caused your accident. In these situations, it might be possible to pursue a claim against the equipment manufacturer. A lack of safety regulations could also lead to your injury. OSHA rules and regulations require your employer to fully inform you about the risks and safety rules associated with various equipment before asking you to use them. If you were not properly trained or warned about the equipment, then it’s a good idea to contact a lawyer about your options.
Can family members claim for a fatal construction accident in Illinois?
Loved ones can file a wrongful death claim on behalf of their loved one after a fatal construction accident or receive compensation from the workers’ compensation policy that would’ve paid out benefits to the employee if they survived. Since fatalities result in significant losses, speaking to an attorney about what happened is your best path forward.
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