Construction is a necessary yet dangerous industry in Aurora. Whether new structures or conducting routine road work, it is virtually impossible to avoid construction in everyday life. That said, it is understandable that people frequently suffer injuries on construction sites. Unfortunately, construction accidents can affect pedestrians, drivers, and on-site employees nearby. While people have the right to compensation when injured, the methods through which they must demand payment vary.
Whether you are an employee or passerby, an Aurora construction accident lawyer could help you after suffering an injury on a worksite. With the help of our skilled injury attorneys at the Law Offices of R.F. Wittmeyer, Ltd., you can pursue a compensation claim against the negligent party responsible for your harm.
What Duty Do Construction Companies Have to Protect Bystanders?
Property owners have a duty to take reasonable steps to protect guests on their land. This duty also applies to construction companies licensed to work on roads or buildings. For example, these companies should provide fencing or other protective measures to prevent people from wandering into dangerous areas.
Unfortunately, these warnings are not always enough to prevent serious injuries. For instance, pedestrians or construction site visitors often suffer harm when tools fall from heights onto sidewalks, when structural defects cause building collapses, or when poor signage leads people to dangerous roads.
Ultimately, the jury must decide if the construction company took proper steps to provide protection in these cases. In addition, jurors may determine that the plaintiff contributed to their own losses.
Under 735 ILCS 2/1116, a jury can reduce a plaintiff’s award if the claimant did not take appropriate care to prevent their injury. A knowledgeable Aurora attorney could help visitors or nearby civilians pursue compensation for injuries sustained on or near a construction site.
Pursuing Workers’ Compensation After a Construction Site Accident
While injured bystanders can file claims against negligent construction companies for damages following an injury, employees cannot. However, state law requires all employers, including construction companies, to obtain workers’ compensation insurance.
These insurance policies provide two layers of protection. For example, when a worker suffers an on-the-job injury, regardless of fault, a policy must provide them with the necessary medical care to bring them to maximum medical improvement. In addition, the policy can provide payments for both temporary and permanent disability connected to the incident. However, obtaining these benefits is often frustrating: it is not unusual for an insurance company to deny a claim.
Fortunately, a denial does not mean the end of a claim. Our hardworking lawyers in Aurora have over 30 years of experience dealing with insurance companies and could help an injured worker file an appeal with the Illinois Workers’ Compensation Commission to demand appropriate payments for their injuries. Doing so is beneficial in cases of total denial and when benefits do not meet an injured worker’s needs.
A Construction Accident Lawyer in Aurora Could Help You to Collect Compensation
A construction company that allows an injury to happen on their watch may be liable to compensate hurt individuals. Visitors or bystanders must present a case alleging that a construction company’s negligence resulted in their injuries. On the other hand, employees must pursue this compensation through a workers’ compensation claim.
Whether you are an employee or passerby, an Aurora construction accident lawyer could work with you to evaluate your legal options, initiate a claim for personal injury, start a workers’ compensation claim for appropriate benefits, or appeal any workers’ compensation claim denial or dispute. However, there is a limited time to pursue a case, so don’t delay; let a legal representative at the Law Offices of R.F. Wittmeyer, Ltd. fight for you today. Call today.