Demolition work is extremely risky. In addition to the usual construction site hazards, there is also an element of uncertainty with demolition work because it can involve unpredictable or unforeseeable risks related to falling debris and destabilization. If you were injured at a construction site during the demolition process, you should call the trustworthy Chicago demolition accident attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. Our firm has more than 60 years of experience representing accident victims in personal injury lawsuits, workers’ compensation claims, and SSDI claims.Demolition Accidents
There are steps that can be taken to prevent demolition accidents prior to the start of demolition. Preventative steps should be taken with regard to design, planning, equipment, and training. For instance, contractors or others in charge of the site should consider how close the demolition area is to other buildings, whether there are special dangers that need to be addressed, and the sequence of demolition activities. Appropriate safety equipment must be provided, and workers involved should be trained appropriately and debriefed on the process.
Demolition accidents often involve objects falling and hitting workers, explosions, loosened building materials or tools, malfunctioning equipment, and toxic exposures Sometimes demolition tools and explosives that are not used correctly result in fires, projectiles, airborne toxins of flying shrapnel. Accidents may be the result of negligent actions taken even before demolition commences, or they may involve negligent or careless actions taken during the demolition. In some cases, an accident is the fault of defective equipment or improper use of equipment. It is important to retain an attorney who understands how to investigate what happened to make sure all appropriate parties can be brought in as defendants and who understands OSHA regulations.
To establish negligence, our lawyers will need to prove: (1) the defendant breached the duty to use reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) damages. For instance, if the foreman skipped over training certain personnel on OSHA regulations and safety precautions during demolition, and then those workers cause an explosion, this may be negligence.
When our lawyers 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 there been no negligence or misconduct at the demolition site. They can include lost wages, lost earning capacity, medical expenses, out-of-pocket expenses, pain and suffering, mental distress, replacement services, and loss of enjoyment of life.Workers’ Compensation
Workers are not permitted to sue their employers in a personal injury lawsuit. After a demolition accident, their exclusive remedy against their employer is a workers’ compensation claim. Unlike a personal injury lawsuit, you don’t need to prove fault in a workers’ compensation claim, only that the injuries were job-related. However, workers’ compensation benefits do not cover the full scope of damages after a demolition accident. They replace a certain percentage of your average weekly wage and any medical care that’s deemed reasonable and medically necessary.
In cases involving catastrophic injuries or wrongful death, it is critical to retain an attorney who can seek relief in a third party lawsuit against an entity that is not your employer. At that point, subrogation issues will come into play, but if the lawsuit is successful, you can recover noneconomic damages and economic damages beyond wage loss and medical expenses.Consult a Chicago Lawyer About Your Injuries from Falling Construction Debris
If you were injured or a loved one died as a result of a demolition accident, you need skillful legal representation. Call the trustworthy Chicago demolition attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca to represent you in a personal injury lawsuit, SSDI claim, or workers’ compensation claim. Call us at 312-263-6330 or 800-444-1525 or fill out our online form.