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Construction Accident Attorneys in Illinois
Construction workers are exposed to health and safety hazards daily, and in Illinois alone, thousands unfortunately suffer injuries or fatalities each year. Although workers may be aware of the hazards posed by their workplace, they do not waive their legal right to compensation for job-related injuries. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our construction accident attorneys have experience pursuing many avenues of liability in workers’ compensation claims as well as lawsuits against third parties. Our injury lawyers provide personal and dedicated services during investigations, negotiations, and litigation.
- Options After A Construction Accident
- Medical Benefits for Injured Construction Workers
- Contractors, Subcontractors and Suppliers
- Dealing with Insurance Companies After A Construction Accident
- Notification
- Benefit Disputes
- Hire a Construction Accident Lawyer
Explore Your Options After a Construction Accident
Construction accidents may be caused by a variety of factors, such as the fault of individuals or defective equipment. Investigating the cause of the accident is crucial to a successful claim, and it may result in multiple theories of recovery. For example, construction accidents may result in workers’ compensation claims as well as product liability claims.
Construction sites are a type of workplace, and for that reason, Illinois provides workers’ compensation benefits to individuals who suffer injuries in the course and scope of their employment on a construction site. Workers’ compensation is generally an exclusive remedy with regard to the worker’s employer, so the employee may not also bring a personal injury claim against their employer in most cases.
However, an injured worker who brings a workers’ compensation claim may also sometimes pursue a third-party claim following a construction accident. Third-party lawsuits arise when someone other than the employer was at least partly at fault for causing the accident and the resulting injuries. For example, a highway worker may have suffered injuries when they were struck by a passing motorist. This worker may be able to pursue a negligence claim against the motorist, as well as a workers’ compensation claim.
On construction sites, it is common for a subcontractor to oversee projects. If a worker suffers injuries due to the negligence of a subcontractor, that entity may be held liable for their harm. Sometimes, multiple subcontracts may be at fault for causing harm to a construction worker.
Accidents that take place on construction sites also may result from improperly designed equipment. For example, the driver of a forklift may suffer injuries if the engine suddenly fails, and the driver is thrown against the windshield of the vehicle. If the forklift was rented from a construction supplier, and the supplier failed to properly maintain the vehicle, that party may be liable for improper maintenance.
Damages that may be recovered by a successful plaintiff in a construction accident case range from medical expenses to lost wages and pain and suffering, as well as similarly intangible forms of harm.
Medical Benefits for Injured Construction Workers
After a construction accident, you may suffer serious injuries that require significant medical care both in the present and in the future. Many construction workers need help through a difficult time and it’s important to get appropriate medical care early on, in many cases. You can obtain medical benefit as part of your workers’ compensation benefits in connection with a construction work accident. You’ll need to understand your right to medical benefits to make sure you receive the appropriate coverage for all medical bills arising out of your work-related accident.
Construction company employees who are hurt or injured due to an industrial accident on the job in Chicago or surrounding areas should be able to obtain medical benefits as part of the benefits they’re owed under the Illinois Workers’ Compensation Act. This law requires most employers to obtain workers’ compensation insurance to cover their workers in case of a work-related injury.
Under the Act, you’re entitled to receive medical treatment that’s reasonably necessary to relieve or cure you of the effects of your injury. This can include treatment over a long period of time and according to changing aspects of your injuries. For instance, an injury may appear minor initially, requiring only rest and medication, but then prove to be more enduring and have more significant consequences down the road. For that reason, you should report your injuries to your employer as soon as possible, but in no event later than 45 days after the accident occurs, or it becomes reasonably clear that a chronic condition is work-related. Delay can harm your ability to obtain benefits.
Medical benefits can include costs such as medical devices, transport, ER and hospital bills, doctor’s visits, prescriptions and treatments, and institutional care. For example, if you fall from the second story of a house and suffer paralysis and broken bones, you may need not only emergency care, but also prescription drugs and perhaps a wheelchair. You might need surgery and significant physical therapy. All of these should be covered, but unfortunately insurers do try to save money and avoid paying full medical benefits by finding those areas where the claim is a little more ambiguous.
Contractors, Subcontractors and Suppliers
Those who work on construction sites face risks from all directions. They are often limited to workers’ compensation benefits because these are an exclusive remedy; you cannot sue your employer or a coworker for damages arising out of your construction work accident. Workers’ compensation benefits can include emergency care, medical benefits, medical mileage, temporary total disability benefits, permanent total disability benefits, disfigurement, loss of use, and vocational rehabilitation.
Dealing With Insurance Companies After A Construction Accident
The construction industry is widely understood to be dangerous. Most Illinois businesses, whether they serve as contractors, subcontractors, suppliers, or materialmen, are required to purchase workers’ compensation insurance to cover their employees in case they are injured or made sick on the job. The insurance is no-fault, meaning that as an employee you will not need to prove your employer or anyone else is at fault for your work-related injuries, and conversely, your benefits cannot be reduced because your own negligence at a construction site or office caused your injuries.
Unfortunately, many insurance companies are determined to avoid paying claims, even legitimate ones. This is why it can be very important to retain counsel to deal with an insurance company for you if it seems like your claim may be fully or partially denied.
Insurance companies are businesses. Adjustors may be focused on protecting profits by avoiding claims or short-changing claimants. For instance, if you receive a workers’ compensation denial because you have a pre-existing condition, you should be aware that the denial may not be valid, since you are entitled to benefits so long as your pre-existing condition was exacerbated or aggravated by your construction accident. Similarly, if you receive a lot of questions from your employer about other potential causes of your work-related injuries that suggest the employer is suspicious about whether your injuries are work-related, you could face trouble down the road. It is important to seek counsel to make sure your interests are protected. You should also seek counsel if you are having trouble obtaining pre-authorization for medical care that you need.
Notification After An Accident
It’s important to notify the construction company that employs you when you are injured at work, even if the injuries are the result of a serious accident and you assume that your supervisor or manager observed the incident. While you can give notice that is oral, it is wise to give written notice so that there is no dispute later on about whether you were timely in providing it. You have only 45 days from the date of your injury to notify your employer. Your employer is then supposed to inform its workers’ compensation insurer, regardless of whether it agrees or disagrees that your injury is work-related. If you need to miss more than 3 days of work due to a work injury, the construction company should file an Employer’s First Report of Injury with the Illinois Workers Compensation Commission (IWCC), which is the state agency that handles workers’ compensation claims.
Benefit Disputes
If you are not getting benefits to which you’re entitled, or even if you are, our attorneys may be able to file an Application for Adjustment of Claim on your behalf. This filing needs to occur within 3 years of your injury, or you could lose your entitlement to benefits. It can be wise to get this Application on file even if you are receiving benefits because some insurers stop making benefits payments unexpectedly or abruptly. When there is a dispute between you and your employer’s insurer, our attorneys can bring the case before the IWCC for a hearing so long as there is an Application on file. Keeping an application on file can speed up the process of seeking a resolution in case of a dispute.
Hire a Chicago Attorney to Pursue a Construction Accident Case
At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we are proud to represent workers in their claims for compensation following a construction accident. Protecting the safety of workers is critical, and individuals or entities must properly maintain equipment and ensure that workers can conduct their job tasks safely. Our construction accident lawyers have assisted victims throughout Illinois in Springfield, Champaign, Rockford, Aurora, and Quincy, as well as other communities in Cook, Kane, Champaign, Sangamon, Winnebago, and Adams Counties. Contact us at 312-724-5846 or through our online form for a free consultation with a personal injury or workers’ compensation attorney.