Construction sites are high-risk environments due to their complexity and inherent dangers. When these incidents occur, they may involve legal issues addressed in Illinois personal injury law. This body of law applies when negligence or failure to follow safety regulations by a third-party, such as a contractor, equipment manufacturer, or coworker, causes injury. Construction workers have the right to seek legal redress and compensation for their injuries, lost income, and related expenses. The personal injury law firm, The Kryder Group, LLC Accident and Injury Lawyers, with their team of dedicated personal injury lawyers has been representing clients in Berwyn, IL and across Cook County for decades, and can be a crucial ally in your pursuit of justice.
Common Types of Construction Accidents in Berwyn, IL
The Occupational Safety and Health Administration (OSHA) identifies four leading causes of fatalities in the construction industry, often referred to as the “Fatal Four”. They include:
Falls: The leading cause of death in the construction industry. Falls can happen due to unprotected sides, wall openings, floor holes, improper scaffold construction, and misuse of portable ladders.
Struck by Object: Construction workers are often injured or killed when struck by objects on the site, such as falling tools or moving machinery.
Electrocutions: Workers can come into contact with power lines or faulty electrical connections, leading to severe or fatal injuries.
Caught-in/between: These accidents occur when a worker is caught-in or compressed by equipment or objects, or struck, caught, or crushed in collapsing structure, equipment, or material.
Common Types of Injuries from Worksite Accidents
Serious injury categories, as cited by the Occupational Safety and Health Administration (OSHA), are:
Traumatic Brain Injuries (TBI) – often caused by falls or being struck by an object.
Spinal Cord Injuries (SCI) – typically resulting from falls from height or heavy machinery accidents.
Fractured or Broken Bones – a common occurrence in Berwyn construction accidents due to heavy equipment use and potential for falls.
Cuts and Lacerations – personal injuries often caused by sharp objects or machinery on the job site.
Who Can Be Held Liable for a Construction Accident in Illinois?
In the event of a construction accident in Illinois, several parties may be found liable:
- General Contractors and Subcontractors: They have the primary responsibility for ensuring the safety of the construction site.
- Owners: If the property owner has control over the work being performed and fails to ensure a safe environment, they could be held liable.
- Manufacturers: Companies that produce faulty or unsafe equipment or materials used on the construction site can be named as defendants in personal injury lawsuits.
Who Can Be Held Liable for a Vehicle Accident in a Construction Zone?
When a passenger car accident or trucking accidents occur in a construction zone due to someone else’s negligence, parties that may be held liable include construction companies, equipment manufacturers, construction site owners, and government entities responsible for road design, maintenance, and signage.
What to Do After a Serious Injury on a Construction Site in Berwyn, IL
If you have suffered a serious injury on a construction site, it’s crucial to follow these steps:
Seek Immediate Medical Attention: Your health is your top priority. Ensure that you get immediate medical care, even if the injuries don’t appear severe initially.
Report the Incident: Inform your supervisor or employer about the accident as soon as possible. Provide a detailed account of what happened.
Document the Accident: Take photographs of the scene, your injuries, and any equipment or conditions that may have contributed to the accident.
Gather Witness Information: Get the names and contact details of any witnesses. Their accounts may support your claim.
Contact a Personal Injury Lawyer: Seek legal guidance from a skilled lawyer who has experience with construction accidents.
Do I Need a Lawyer for a Construction Injury Claim?
Yes.
Dealing with personal injury cases, particularly those stemming from construction accidents, can be complex and demanding. It’s crucial to have a knowledgeable and experienced personal injury law firm on your side that understands the nuances of related legal issues and can advocate for your rights effectively. They will help navigate the intricacies of the legal system, gather essential evidence, negotiate with the insurance company, and if necessary, represent you in court to ensure you receive the appropriate compensation for your injuries.
What is the Difference Between a Third-Party Lawsuit and Workers’ Comp?
Workers’ compensation covers medical expenses, lost wages, and other benefits for on-the-job injuries. Unlike third-party lawsuits, it doesn’t require proving fault or negligence by the company. However, the recovery amount is usually predetermined and may be less than what could be obtained through a lawsuit.
A third-party lawsuit is a civil action that can be brought against any party who may have contributed to the accident, such as a property owner, contractor, or equipment manufacturer. In this claim, it must be proven that the responsible party is liable for damages due to negligence.
If successful, you will receive compensation for medical expenses, pain and suffering, lost wages, disability, and other related damages. This claim is generally more lucrative than a workers’ compensation claim.
Types of Compensation for a Construction Accident Victim
Economic Damages: These are tangible expenses resulting directly from the accident, including medical costs (emergency care, hospitalization, medication, physical therapy, and future medical needs), lost wages, reduced earning capacity, and applicable property damage.
Non-Economic Damages: These damages are intangible and pertain to the psychological impact on the victim’s life, encompassing pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Unlike economic damages, quantifying non-economic damages can be challenging due to their subjective nature, which varies greatly between personal injury cases and specific circumstances.
What Is My Case Worth?
The worth of personal injury lawsuits depend on several factors:
Severity of Injuries: The more severe and long-lasting the injury, the higher the potential compensation. This is because severe injuries usually incur more medical bills, longer recovery time, and potentially permanent disability or disfigurement.
Medical Expenses: This could include the cost of emergency room visits, surgeries, medication, physiotherapy, assistive devices, and any future medical care you might need.
Lost Wages: If your injury has caused you to miss work or has affected your ability to earn a living in the future, these lost wages can significantly increase the value of your claim.
Pain and Suffering: These damages account for any physical discomfort or emotional distress caused by the injury. While they are subjective, they can significantly contribute to your claim’s value.
Quality of Evidence: Strong evidence such as medical records, witness statements, and photographs can significantly strengthen your claim and increase the compensation amount.
Degree of Fault: If you share any fault in the accident, it could reduce the amount of compensation you can receive.
Defendant’s Conduct: If the defendant’s conduct was particularly egregious or reckless, you may be awarded punitive damages, which can significantly increase your compensation.
How Long Do I Have to File a Personal Injury Claim in Illinois?
The statute of limitations in Illinois (735 ILCS 5/13-202) for personal injury claims is generally two years from the date of the accident. This means that an injured party has two years to initiate legal proceedings. If you fail to do so within this period, you will likely lose your right to compensation.
Contact a Berwyn, IL Construction Accident Lawyer Today
If you or a loved one has been injured in a construction accident in Berwyn, IL, don’t hesitate to contact legal team at The Kryder Law Group, LLC Accident and Injury Lawyers to discuss filing a personal injury case.
Each seasoned personal injury lawyer in our law office is committed to helping you navigate through this challenging time and secure the compensation you rightfully deserve.
We offer a free consultation, allowing you to gain a clear understanding of your legal options without any financial commitment. Moreover, we work on a contingency fee basis, which means you won’t owe us anything until we secure a favorable settlement for you.
(312) 223-1700