Lack of safety equipment
The construction industry is known for the tremendous risks workers take at construction sites. It mandates that rigorous safety rules and standards be followed on construction projects, as does the Occupational Safety and Health Administration (OSHA). Unfortunately some workers, and some employers on construction sites ignore or don’t adequately know these rules or fail to provide proper safety equipment. If you were injured because of a lack of safety equipment, you should call the seasoned Chicago construction accident lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We can review your case and make sure all potential bases for recovery are covered including a third party lawsuit, a workers’ compensation claim, and an SSDI claim.Recovering Damages for Lack of Safety Equipment at a Chicago Construction Site
Safety equipment and gear play an important role in minimizing occupational injuries and incidents at construction sites. A failure to obtain necessary safety equipment for a particular task can change a construction worker’s life forever. Personal protective equipment such as helmets, googles, and safety shoes are expected to adhere to current standards with regard to a worker’s duties. While it is expected that safety will be enforced rigorously onsite to ensure compliance, this does not always happen. This can be the result of oversights and carelessness, or a lack of knowledge and experience. Lack of safety equipment and compliance with regulations can cause occupational injuries and illnesses, and even fatalities.
In order to recover damages for a lack of safety equipment on your behalf, our Chicago lawyers would need to establish: (1) the defendant owed you a duty of reasonable care, (2) breach of the standard of care, (3) causation, and (4) actual damages. The duty of reasonable care depends on the specific tasks and work being done. We might be able to show a breach of the duty of reasonable care if the lack of safety equipment resulted in violations of OSHA regulations.
Damages we may be able to recover include compensation for both economic and noneconomic losses including pain and suffering, loss of enjoyment of life, replacement services, loss of income, loss of earning capacity, and medical expenses. For example, if you fell off a ladder and did not have access to a safety harness you should have had, and you broke multiple bones and sustained back injuries as a result, we may be able to recover damages for your pain and emotional distress with regard to your broken bones, as well as the cost of emergency services, the costs of surgery and any needed therapies, and loss of income and replacement services in the event you can no longer do work around the house as a result of those injuries.Workers’ Compensation Benefits
A third party lawsuit cannot be filed against your employer, even if it negligently failed to supply you with safety equipment for the task you were doing. However, in some cases, a lack of safety equipment is the fault of a third party to the construction site who you are entitled to sue. And you may be able to obtain workers’ compensation benefits through your employer’s workers’ compensation insurance carrier. While these benefits are more limited in scope and only cover partial wage loss, they are provided regardless of fault. Whether your employer was at fault, or you were partly to blame does not enter the equation of whether you should get benefits. Instead our attorneys will need to show that the accident is covered; that is, that the accident occurred on the job.Consult a Chicago Lawyer About a Lack of Safety Equipment Claim
If you were injured by lack of safety equipment at a construction site, you need seasoned legal representation. Call the trusted Chicago safety equipment attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca to handle your personal injury lawsuit, workers’ compensation claim, or SSDI claim arising out of a construction accident. Call us at 312-263-6330 or 800-444-1525 or complete this online form.