Construction site accidents can leave you with serious injuries and the pressure of unpaid medical bills. When an accident occurs, you may be able to recover compensation for your injuries through Illinois workers’ compensation laws or through a personal injury lawsuit.
The Chicago workers’ compensation attorneys at Mark L. Karno & Associates, LLC can help you understand your legal rights and pursue the right course of action to get the money you need for your injuries.
Call (312) 701-0090 today to schedule a free case review.
Common Construction Accidents
Even though construction sites are dangerous places to work, that does not mean your management isn’t responsible for your safety. Your employer or another party may be responsible for your injuries if you were involved in an accident involving:
- Falling from scaffolding
- Falling materials
- Electric shock
- Burns
- Chemical spills
- Explosions
- Crane accidents
- Slips, trips and falls
Each of these accidents can cause severe injuries that keep you from working and require costly medical care.
Why Choose Our Firm for Your Construction Injury Claim
- Over three decades of experience handling serious injury cases: We have spent years representing injured workers and understand how to investigate construction accidents and identify all responsible parties.
- Direct attorney involvement in every case: Clients work directly with a skilled attorney who provides clear guidance, answers questions, and keeps them informed throughout the process.
- No fees unless compensation is recovered: Cases are handled on a contingency fee basis, so clients do not pay legal fees unless their case is successfully resolved.
Can I Sue My Employer for My Chicago Construction Accident Injury?
In most cases, injured construction workers in Chicago cannot sue their employer directly for a workplace injury. Illinois law requires employers to carry workers’ compensation insurance, which provides benefits to employees injured on the job. In exchange for these benefits, workers are generally prohibited from filing personal injury lawsuits against their employer. This is known as the exclusive remedy rule under the Illinois Workers’ Compensation Act. However, if an employer fails to carry required workers’ comp insurance, an injured worker may have the right to pursue a civil lawsuit.
Additional legal options may also apply depending on how the accident occurred. Construction sites often involve multiple companies working together, including general contractors, subcontractors, equipment suppliers, and property owners. If a party other than your employer caused or contributed to the accident, you may be able to file a third-party personal injury lawsuit. Examples of situations where a lawsuit may be possible include:
- A subcontractor creates a hazardous condition that leads to an injury.
- Defective machinery or equipment malfunctions and causes harm.
- A property owner fails to maintain a safe work environment.
- A negligent driver causes a collision involving a construction worker.
If other parties turn out to be liable, you have the right to pursue a third-party claim for further compensation in addition to workers’ comp benefits.
Workers’ Compensation Benefits in Chicago
Construction workers injured on the job in Chicago are generally entitled to benefits under the Illinois Workers’ Compensation Act (820 ILCS 305). These benefits are available regardless of who caused the accident, as long as the injury occurred in the course of employment. Workers’ comp provides several types of benefits:
- Medical benefits: Workers are entitled to coverage for all reasonable and necessary medical treatment related to the injury. This includes hospital care, surgery, doctor visits, physical therapy, and prescription medication.
- Temporary Total Disability (TTD) benefits: If the injury prevents the worker from returning to work during recovery, wage replacement benefits are available. These payments are typically equal to two-thirds of the worker’s average weekly wage.
- Permanent Partial Disability (PPD) benefits: If the injury results in lasting impairment, workers may receive compensation based on the extent of the disability and the affected body part.
- Permanent Total Disability (PTD) benefits: Workers who are unable to return to any type of employment may qualify for long-term disability benefits.
- Vocational rehabilitation: If a worker cannot return to the same job, benefits may include job retraining or assistance finding new employment.
- Death benefits: If a construction accident results in a fatality, surviving family members may receive financial support and compensation for funeral expenses.
While workers’ compensation provides important financial support, it does not cover all types of damages.
What Damages Can I Recover in a Chicago Construction Accident Claim?
Workers’ compensation benefits are limited to specific categories, but when a third-party claim is available, injured workers may be able to recover a broader range of damages. Potential compensation in a construction accident claim may include:
- Medical expenses: Coverage for current and future treatment, not covered by workers’ compensation.
- Lost wages: Compensation for income lost during recovery from the injury that workers’ comp does pay.
- Loss of future earning capacity: If the injury prevents the worker from returning to the same type of work, damages may account for reduced earning ability.
- Pain and suffering: Compensation for the physical pain and emotional distress caused by the injury.
- Disability or disfigurement: Severe construction accidents may result in permanent impairments, scarring, or loss of function.
- Loss of normal life: Injuries may prevent workers from participating in activities they previously enjoyed.
- Wrongful death damages: If a construction accident results in death, surviving family members may recover compensation for financial and emotional losses.
Each construction accident claim is different, and the value often depends on factors such as the extent of the injuries, the length of recovery, whether the worker can return to the same job, and the overall impact on daily life.
Steps to Take After a Construction Accident in Chicago
Construction accidents can happen suddenly and often result in serious injuries. Taking the right steps after can help protect your health and your ability to recover compensation.
Report the Accident Immediately
Notify your employer or supervisor as soon as possible after the accident. Illinois law requires injured construction workers to report a workplace injury to their employer within 45 days. Failing to meet this deadline can jeopardize a workers’ compensation claim
Seek Medical Attention
Even if injuries appear minor, it is important to seek medical care right away. Medical records can document the extent of the injury and link it to the workplace accident.
Follow Medical Advice
Follow all treatment recommendations provided by your doctor. Failing to do so may affect both your recovery and your claim.
Document the Scene
If possible, take photographs of the accident scene, equipment involved, and any visible injuries. Record details about how the accident occurred and identify any witnesses.
Preserve Evidence
Construction accidents often involve equipment, tools, or hazardous conditions that may later be repaired or removed. Preserving evidence can be important in determining and proving what caused the accident.
Be Cautious With Insurance Companies
Insurance representatives may contact you after the accident. It is important to be careful when providing statements, as insurers may attempt to limit the value of your claim.
Speak With a Chicago Construction Accident Lawyer
An experienced construction accident attorney can help evaluate your case, identify responsible parties, and determine whether you may be entitled to additional compensation beyond workers’ comp benefits.
Experienced Attorneys Who Understand The System
Litigation for construction accidents can be complicated. There may be a number of parties involved, and your accident may be compensated under the workers’ compensation system.
Our skilled legal advocates have years of experience representing workers who have been injured in construction site accidents. We can help you understand what your legal options are and aggressively pursue the compensation you are entitled to.
Our focus in every case is getting the results that our client deserves. We listen to you and give you honest advice on your case. You are a part of creating your case strategy.
Talk To Us | Free Consultation
If you were injured in a construction accident, contact Mark L. Karno & Associates, LLC to talk with an experienced Chicago personal injury lawyer about your case. Our offices are conveniently located in Chicago . We represent injured workers throughout the Greater Chicago area.
Your legal fees are the last thing you need to worry about. We take all cases on a contingency fee basis. We won’t get paid until you do.
Se habla español.