Many different pieces of equipment are used on construction sites. These include forklifts, backhoes, trucks, bulldozers, cranes, hydraulic lifters, excavators, front loaders, dump trucks, paving machines, crawlers, power tools and safety gear. Unfortunately, appropriate safety measures are not always taken by those in charge of the site, and equipment accidents can result in catastrophic or even fatal injuries . If you were injured or a loved one died in an equipment accident, you should call the seasoned Chicago construction accident lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca.Equipment Accidents in Chicago
Construction workers use equipment throughout their workday. Unfortunately, equipment sometimes malfunctions, is defective, or is used inappropriately, resulting in worker injuries. For example, if a crane is being dismantled and it collapses on you, the result may be that you suffer paralysis, fractures, and head injuries. For another example, if you are working on an energized electrical panel and are subject to an arc flash, you may suffer burns. For another example, if you are crushed between a truck and a loading dock, you may sustain serious, debilitating crush injuries of your limbs or torso. While you can only obtain workers’ compensation benefits as against your employer, you may have grounds to pursue a third party lawsuit against individuals or entities responsible for the equipment accident that don’t employ you.
In order to establish a third party’s liability for your injuries, our Chicago attorneys may need to prove negligence or another type of fault. To prove negligence, we’ll need to show: (1) the defendant owed you a duty to use reasonable care, (2) departure from the standard of care, (3) causation, and (4) damages. The nature of the third party’s role on the construction accident will determine what the duty of care was; for example, a contractor may owe a duty to provide appropriate and well-maintained safety equipment to subcontractors performing arduous work at a height, and the contractor’s failure to do so may breach the duty of care.
If our lawyers can prove negligence or other fault, we may be able to recover damages on your behalf. These can include both economic and noneconomic losses, including wage loss, lost earning capacity, loss of consortium, pain and suffering, mental anguish, medical bills, and out-of-pocket expenses. It’s important to be aware that Illinois follows a modified comparative negligence rule. This means that your damages in a personal injury lawsuit can be reduced by an amount equal to your percentage of fault, and if you are more than 50% responsible for the equipment accident, you will be barred from recovering damages. For example, if a jury finds you were 25% responsible for an equipment accident that resulted in catastrophic injuries valued at $100,000, and a materialman was 75% responsible for it, you would only be able to collect $75,000 from the materialman.Workers’ Compensation
A workers’ compensation claim is separate from a personal injury action filed in civil court against a third party. Employers in Chicago and elsewhere in Illinois are required to purchase workers’ compensation insurance or be self-insured, and in the former case, the insurer pays claims when workers are injured on the job. The workers’ compensation system was intended to be easier to navigate, but unfortunately, it can be challenging for claimants to obtain benefits through this system without an attorney. Making matters even more complex is that an insurer may have a subrogation interest in a personal injury action. It is crucial to retain counsel that understands your case from all applicable angles.Hire a Chicago Construction Accident Lawyer
As a construction worker, you assume everyone onsite has the same interest in safety you do and will provide appropriate equipment. Unfortunately, serious injuries can and do arise in connection with equipment used to carry out construction work. If you are injured in an equipment accident on the job, you should retain an experienced law firm to represent you in your claim. Our Chicago construction accident attorneys represent workers in Quincy, Rockford, Champaign, and Aurora, as well as Kane, Sangamon, Cook, Winnebago, and Adams Counties. We explore all contributing causes to determine all viable grounds for relief. Call us at 800-444-1525 or 312-263-6330 or complete our online form.