With so many hazardous materials and dangerous heavy machinery in the area, it is not uncommon for serious injuries to occur on construction sites. Unfortunately, in addition to causing severe and often long-lasting harm, these types of incidents can be particularly complex to litigate, since multiple parties may bear liability for a single accident.
Depending on the circumstances, an Elgin construction site accident lawyer could help you pursue workers’ compensation benefits and damages through third-party litigation following a traumatic incident on a construction site. If you want to maximize your chances of a favorable case outcome, retaining a skilled personal injury attorney should be high on your list of priorities.
Filing for Workers’ Compensation After a Construction Site Injury
Construction companies engaged in “the erection, maintaining, removing, remodeling, altering, or demolishing of any structure” requires employers under 820 Illinois Compiled Statutes §305/3 to maintain workers’ compensation coverage on behalf of their employees. Even if a third party is partially or primarily liable for a construction site accident, a worker injured as a result may still pursue certain benefits through workers’ comp.
If a claim is accepted, injured construction employees could be entitled to recover their reasonable medical expenses and two-thirds of their average weekly wages while they are out of work, as well as additional benefits for temporary or permanent disabilities, if applicable. A local construction site injury attorney could discuss with an individual worker whether pursuing workers’ comp benefits would be worthwhile in their circumstances.
Third-Party Claims for Elgin Construction Accidents
If an Illinois employer provides workers’ comp benefits to their employees, state law dictates that covered workers cannot file suit against their company for injuries sustained in a workplace accident. However, various third parties can be held liable if their negligence directly led to an accident on a construction site.
For example, if scaffolding is set up incorrectly or a piece of machinery malfunctions, liability would not necessarily lie with the employer of a worker injured, since their negligence was only a proximate cause of the accident. Instead, the defendant may be the party who installed or manufactured the faulty equipment, or potentially the rental company that provided it to the site.
Depending on the situation, an injured construction worker could file suit against a number of different parties, including:
- Tool and equipment manufacturers
- Property owners
- Unaffiliated third parties who were trespassing on the site
By working with a knowledgeable construction work injury representative, Elgin plaintiffs could have a much easier time identifying negligent parties and pursuing appropriate compensation for both their economic and non-economic damages.
Learn More from an Elgin Construction Site Accident Attorney
Construction work carries a high risk of injury even when everyone on-site works carefully and obeys safety regulations, so when a worker, contractor, or supplier does act negligently, the consequences can often be devastating. The recovery process after this kind of incident can wreak havoc on both your physical health and financial security, especially if you fail to take appropriate legal action against the party responsible for your losses.
With help from a seasoned Elgin construction site accident lawyer, you may be able to build a strong case for compensation through both workers’ compensation and a lawsuit against a negligent third party. To discuss your case and legal options, call the Law Offices of R.F. Wittmeyer, Ltd. today to set up a consultation.