Workers & Non-Workers Construction Site Injury Claims

Construction Site Lawyers

Your Claim Type Will Depend on if You’re A Worker, A Contractor, or Bystander

Construction sites are full of hazards. They’re also full of several different types of workers. Some workers are direct employees, some are contractors, subcontractors, and some can be bystanders. A construction site injury claim will depend on who was injured, how they were injured, and their relation to the site.

If you’ve been hurt on a construction site – a direct employee or not –  contact our construction site lawyers. We work with construction accidents on a regular basis and can help you navigate your lawsuit so you aren’t left holding the bill.

For more info see our Workers’ Compensation Page.
More about Personal Injury – Do I have a Personal Injury Case?

Accidents on Construction Sites

We work construction site accident cases every month – no case is ever the same.

A construction site is inherently a dangerous place to work. Construction workers are exposed to hazardous conditions where the smallest mishap can have devastating results. This is why OSHA (Occupational Safety and Health Administration) was formed.

OSHA has several safety standards that employers and construction sites have to adhere to due to the risks and numerous past accidents that could have been prevented.

Unfortunately, the pressure to complete a job can often lead to cutting corners. And this can lead to an accident that can change your life forever.

When an accident happens on a construction site it’s important that you work with an attorney to fight for your rights. Employers and their insurance companies will fight to pay you the least amount they can get away with.

If you try and fight this yourself, you could be taken advantage of.

Construction Site Accidents When an Employee is Hurt

Workers’ Comp Claim

If you’re an employee that is injured on a construction site and there is no associated neglect, you’re likely going to file a workers’ compensation claim. You’ll need to work with the employer’s insurance company for your reimbursement and recovery. If you feel the recovery isn’t adequate please reach out to us. Filing a workers’ comp claim is pretty standard for most naturally occurring accidents. Again, construction sites are hazardous places.

Personal Injury Claim Against Employer

An employee might have a claim for personal injury if it’s found that the employer was neglectful, or lacks workers’ compensation insurance, or if the worker does not qualify as an employee, such as an independent contractor.

When the accident wasn’t a naturally occuring accident workers’ compensation might not be the best course of action. Workers’ compensation claims have limits and injuries can often exceed those limits. Therefore a personal injury claim might be better suited.

Personal Injury Claim Against Contractor

Construction sites have many types of work going on at the same time. The site manager can bring in contractors to help fulfill tasks that are easier for a specialist to do. And often their work and the regular employee work cross paths.

If a third party worker, such as an independent contractor, causes a workers to sustain injuries, that injured worker can pursue a personal injury claim against them.

Instances where an injured worker can sue their employer is if they intentionally cause their injuries, the employer lacks workers’ compensation insurance, or if the worker does not qualify as an employee (such as an independent contractor). Keep in mind that if a third party such as a subcontractor causes a worker to sustain injuries, the injured worker may be able to pursue a personal injury claim against them, as discussed more fully below.

Construction Accidents and Third Party Lawsuits

In many instances, a personal injury lawsuit can be filed against a third party such as a subcontractor who is responsible for causing a construction site accident. The injured worker has the right to pursue a lawsuit against a subcontractor or other third party for causing their injuries. You can seek recovery for damages related to current and future medical expenses, lost wages, pain and suffering, emotional distress, and punitive damages.

Contractor or Subcontractor Injuries on Construction Sites

If you’re hurt as a contractor or subcontractor you won’t have access to the construction site owner or manager workers’ compensation benefits. If you’re hurt on a construction site and the cause if from a neglectful site owners a personal injury claim is likely the best choice of action.

Workers’ Compensation and Employer Retaliation

Individuals are often worried that they could lose their job if they seek a workers’ compensation claim. While it is true in certain cases, these instances are rare.

It’s illegal in Illinois to fire an employee due to being injured at work.  An employer is also prohibited from demoting an injured worker or refusing to compensate them for medical expenses and other benefits as a result of a construction site accident, and Illinois law provides additional remedies for employees in those situations.

Illinois Workers’ Compensation Benefits an Injured Worker is Entitled to

There have been so many workplace accidents that our Illinois government is dedicated to protecting workers rights. They have created the Illinois Workers Compensation Act to help outline what benefits are available to an injured worker.

View the most up-to-date version here – Illinois Workers Compensation Act, codified at 820 ILCS 305.

Construction workers are entitled to receive the following workers’ compensation benefits:

Medical expenses

  • This includes costs associated with doctor visits, hospitalization, emergency room visits, surgery, medical treatment, medication, and physical therapy.

Disability pay 

  • Disability pay can either be temporary or permanent. With regard to temporary disability payments, also called “temporary total disability,” or TTD, this compensates an injury victim for lost wages due to the work-related injury.  In order to obtain TTD, a physician must establish that the injured worker is unable to work for a certain period of time due to their illness or injuries. Specifically, TTD compensates an injured worker for two-thirds of their average weekly earnings.  TTD can be collected until the injured worker’s doctor determines that they are able to return to work.
  • There are also permanent disability benefits, one of which is known as “permanent partial disability” or PPD, that are awarded to a worker who loses some part of their bodily functions but may still be able to work. The compensation is based on a variety of factors that take into consideration how well the employee has recovered from their injuries, the age of the employee, and other factors.
  • Finally, an injured worker who sustains serious permanent injuries may be entitled to “permanent total disability,” or PTD, which is part of the workers’ compensation system in Illinois. PTD provides an injured worker with permanent financial support due to a permanent work-related injury or illness that renders them incapable of working again.  The injured worker in this regard may be entitled to receive two-thirds of their average weekly earnings.

Vocational rehabilitation

  • When an injury causes a worker to be unable to perform their normal job duties, they may qualify for vocational rehabilitation, which asses what other jobs they can physically handle.  This benefit allows the injured worker to be retrained for a new job so that they can still contribute to the workforce.

Death Benefits 

  • May be available to qualified family members, known as primary beneficiaries, which include, without limitation, burial expenses and two-thirds of a deceased worker’s gross weekly wages. If the worker did not have any primary beneficiaries, then the benefits can be paid to the worker’s totally dependent parents.

Reach Out to Our Construction Site Injury Lawyers for Help

At Rockford Personal Injury Lawyers, attorney Paul Marriett has experience working in construction sites while previously being a bricklayer.

We understand the risks, and inherent dangers that occur while on the job. While most projects are accident free due to reputable businesses following OSHA standards, rare instances of small to severe injuries, including deaths, occur frequently in construction related accidents.

For a trusted, experienced, and FREE consultation to discuss you or your loved one’s case feel free to call, email, or text message us at (815) 964-8303. Get the help you deserve from a construction site lawyer today.

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