The Occupational Safety and Health Administration (OSHA) has named dropped or falling objects as one of the fatal four reasons for construction workers’ deaths on site. Around 50,000 workers are hurt by falling objects on construction sites around the country. Sometimes protective helmets help but aren’t able to completely prevent catastrophic injuries or deaths.
If you were injured or a loved one was killed by something that fell on you at a construction site and suspect there was negligence, call the seasoned Chicago falling object lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We handle not only construction accident third-party lawsuits, but also workers’ compensation claims and SSDI claims.Recovering Damages for a Falling Object Claim in Chicago
Often foremen or supervisors at construction sites act as if injuries in areas where hard hats are required are expected. However, objects sometimes fall because of negligence, or a failure to follow safety protocols. Some common reasons for falling objects are unsecured cargo or openings and lack of rails in high places where tools and equipment are unguarded, lifting cranes that are overloaded, and damaged roofing. Everyone at a construction site should be trained on safety protocols and procedures and the importance of following them.
In order to recover damages from the injuries caused by falling objects, our attorneys will need to prove the negligence of a third party (we cannot sue your employer for negligence in this context). This means we must show it’s more likely than not: (1) the defendant owed you a duty of reasonable care, (2) the defendant departed from the duty of reasonable care, (3) causation, and (4) actual damages. For instance, if you worked for the landscaping contractor on a project and the roofing subcontractor failed to guard against falling objects from the roof of a residential project, and as a result you were hit on the head with a hammer and suffered a brain injury, we may be able to recover damages. Another example in which we might be able to establish liability would be if a group of construction workers for the electrical subcontractor were goofing around on scaffolding from a great height, and a power tool fell onto you, causing injury.
There are instances where it may be appropriate to bring a product liability claim against the manufacturer, or a premises liability claim against the property owner.
In a third party lawsuit, your damages may be reduced by an amount proportionate to your fault under the doctrine of modified comparative negligence. Also under this doctrine, you could be barred from recovering damages at all if the defendant can prove to the jury you were 50% or more at fault for the accident, such as if you were not wearing a hard hat in a hard hat zone, and it would have completely protected you from the injury in question.
When our attorneys are able to establish liability, we can recover compensatory damages. These are damages intended to put you back in the position you would have been in had you not been injured. Compensation can cover economic and noneconomic losses, including medical bills, lost wages, lost earning capacity, pain and suffering, loss of enjoyment, and replacement services.Workers’ Compensation Benefits
It would be appropriate to seek workers’ compensation benefits if you were injured on the job. Unlike a third party lawsuit, with a workers’ compensation claim in Chicago, our attorneys do not need to prove fault, only that the injury occurred on the job. Workers’ compensation benefits include reasonable and necessary medical care and a portion of your lost income as a result of the injury.Consult a Chicago Lawyer About Injuries from Falling Objects at a Construction Site
If you were injured—or a loved one was killed—by a falling object at a construction site, you need knowledgeable legal representation. Call the effective Chicago falling object attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca to handle your personal injury lawsuit, workers’ compensation claim, or SSDI claim. Call us at 312-263-6330 or 800-444-1525 or complete this online form.