Of the personal injury cases filed in Elgin, slip and fall cases are among the most common. Constructions workers are particularly at risk of serious trip and falls because of the dangerous nature of their worksites. However, an employee who is injured on the job may be able to pursue a claim for damages under Workers’ Compensation laws.
If you were hurt in a slip and fall construction site accident in Elgin, contact a knowledgeable injury attorney as soon as possible. Legal support could be key in seeking compensation from the parties responsible for your accident.
Proving Negligence in Construction Site Slip and Falls
In any slip and fall case in Elgin, including those that occur at construction sites, an injured plaintiff and their attorney must prove that someone was negligent. This means demonstrating that the defendant owed a duty of care to the plaintiff, breached that duty, and directly caused damages because of that breach.
For construction accidents, this involves presenting facts specific to their employment and job site. There are several important aspects of a slip and fall claim that a well-practiced attorney could further explain to an injured Elgin construction worker.
Duty of Care
Property owners owe a duty of care to those allowed on their premises. This means they must keep their property in a reasonably safe condition to reduce the possibility of a slip or fall. Additionally, there are specific rules for the maintenance of construction sites and the usage of safety gear for workers. A skilled Elgin attorney could help determine whether those construction regulations were violated in causing a particular trip and fall accident.
To prove negligence in a slip and fall claim, plaintiffs must show that a constructive notice of the dangerous condition was made prior to the accident. Without this, a claim may be dismissed for lack of proof. On construction sites, this notice requirement could be satisfied by complaints made to forepersons or records of the hazard in site inspection logs. It is important to report any conditions that you feel may lead to unsafe conditions immediately.
Defendants often claim lack of notice as their primary defense. A plaintiff could counter this by either proving that the defendant was aware of the dangerous condition or that they should have known about it. If a hazard existed for a sufficient length of time, a savvy attorney could argue that it should have been discovered in the exercise of ordinary care.
Contact an Elgin Attorney to Pursue Construction Site Slip and Fall Claims
A victim of a construction site accident may have difficulty pursuing a claim on their own while recovering from their injuries. These types of slip and fall cases often require various types of evidence that can be difficult to obtain without legal support. Additionally, insurance companies may try to take advantage of injured individuals by offering low settlements.
At the Law Offices of R.F. Wittmeyer, Ltd., one of our determined legal advocates could represent those injured in slip and fall construction site accidents in Elgin. By using legal tools such as subpoenas, depositions, and private investigators, a skilled attorney could help collect the necessary evidence to make a strong case in court. Contact our firm to discuss what may be possible in your circumstances.