If you have been injured or have lost a loved one as a result of a construction accident anywhere in the state, you should consult with a Chicago construction accident lawyer at Duncan Law Group. You may have grounds for a third-party injury or wrongful death claim above and beyond workers’ compensation. Your attorney can investigate the circumstances of the injury or death to determine if any third-party negligence or wrongdoing occurred which should be pursued.
If you are filing a construction accident lawsuit or insurance claim, you need an attorney on your side. A Chicago construction accident lawyer from Duncan Law Group can provide several important benefits to your case, strengthening your accident claim and establishing a compelling argument for your right to compensation. Benefits of a lawyer include the following.
Construction accidents can result in serious, debilitating injuries that often require extensive medical care. You may develop permanent impairments, require long-term treatment, and miss weeks or months of work. In very severe cases, you may be unable to return to work at all. On top of the physical and financial hardship, the psychological and emotional impact of the accident can be difficult to bear. Through a construction accident lawsuit or workers’ compensation claim, you can recover monetary damages or benefits to recover from these losses.
In an Illinois lawsuit, you have the right to recover compensation for the economic, or financial, damages you sustained, as well as your physical and emotional pain and suffering. Common damages available in a lawsuit include the following.
Through an Illinois workers’ compensation claim, you can recover benefits for medical treatment, vocational rehabilitation, and wage replacement. If you lost a loved one in a construction accident, you could recover death benefits and burial expenses. Illinois also provides the following types of disability benefits.
In Illinois, personal injury lawsuits are subject to a rule known as the statute of limitations. This law establishes a filing deadline for your claim. If you do not file your lawsuit in Illinois civil court by the appropriate deadline, the court will likely dismiss it—preventing you from recovering the compensation you deserve.
In most cases, you have two years from the date of your accident to file a construction accident lawsuit for a personal injury in Illinois. If your claim only involves property damage, not injuries, you have five years from the date of the accident.
There are certain cases where you may not discover your construction site injuries for a long time following the initial incident. This is common in cases involving underlying injuries or occupational illnesses that develop years after exposure to a toxic substance. The court will provide you with additional time to file your claim.
While there are certain exceptions to the statute of limitations, they are not common. In these situations, it is important to file your claim as soon as you realize that you may qualify for a lawsuit. Speak to a Chicago construction accident lawyer at Duncan Law Group as soon as possible to identify your filing deadline and initiate your claim.
Construction sites are regulated by state and federal law. Nevertheless, an employer, general contractor, or others may ignore these mandated safety regulations thus creating dangerous working conditions, resulting in injuries or death. Other accidents can arise out of carelessness or through faulty machinery.
Common job site injuries and accidents include:
While safety can never be guaranteed, it can be protected. The national government has taken steps to eliminate the risks of such injuries and establish a safe environment in the workplace. You can rest assured that the law is designed to help injury victims and their families obtain restitution whenever possible.
There are many hazards and potential dangers on a construction site, all of which can contribute to serious injuries and potential fatalities. Some of the most common causes of construction accidents include the following.
Depending on the circumstances involved in an accident, a number of parties may be held liable for the injuries that follow. Those directly involved in on-site work may be considered responsible for the negligence that leads to a construction injury. In certain circumstances, including incidents that involve faulty machinery, off-site parties may be found to have contributed to a given injury.
Any of the following may have contributed to your injury:
If a third party is responsible for your injuries, you could file a lawsuit against the company or individual. For example, defective equipment could be the result of poor design or improper maintenance. Generally speaking, general contractors and subcontractors are responsible for keeping the construction site hazard-free.
In most cases, you will not be eligible to file a lawsuit against your employer unless certain circumstances apply to your case. For example, if your employer is required to provide workers’ compensation coverage but failed to purchase it, you can file a lawsuit against him or her. If your employer intentionally harmed you, you could also file a lawsuit against him or her.
While employers are exempt from injury liability unless they failed to pay workers’ compensation, any other parties may be liable for your injury. In a construction site liability case, the court will weigh the responsibility of each party to determine who is at fault for the accident. Injured workers have rights. Speak with an experienced Chicago construction accident attorney to explore your legal rights under the law.
If you have been injured on a construction site, it is important to remain calm and to seek help as soon as possible. Take the following steps after your accident to receive treatment, gather evidence, and prepare for your future claim.
The construction industry has the highest rate of work injuries and fatalities in the country. According to the U.S. Bureau of Labor Statistics, 11 out of every 100,000 construction workers lose their lives every year, making it one of the most dangerous occupations in America. Construction workers are routinely exposed to danger on account of a constantly changing work environment with many risks.
The U.S. Bureau of Labor Statistics (BLS) compiles data on work-related injuries and fatalities each year. According to its data, there were 1,102 fatal injuries in the construction industry in 2019 alone. These fatalities comprised 20.7% of total workplace deaths in the United States during that year. Of these deaths, the BLS provides the following information.
The Occupational Safety and Health Administration (OSHA) also compiles data on workplace safety and establishes safety standards for employers, including the construction industry. According to OSHA, many of the top 10 most frequently cited standards violated by employers in 2020 involved construction activities.
Fall protection for the construction industry was the most frequently violated OSHA standard during 2020 and fall protection training was the eighth most violated. Requirements for scaffolding safety were the fourth most violated OSHA standard, and ladder safety requirements were the fifth. General standards for all industries were also commonly broken, such as respiratory protection and eye and face protection. These safety standards are vital to protecting construction workers.
If you have been injured in a Chicago construction accident, you are not alone, and help is available. Depending on the circumstances surrounding your accident, you may be eligible for a workers’ compensation claim or third-party lawsuit. In these situations, trust the Chicago construction accident lawyers at Duncan Law Group to fight for your right to seek compensation. Contact us today to schedule your free case consultation and discuss your optimal path to recovery.