Accidents on construction sites can lead to serious injuries that disrupt lives. While workers’ compensation offers critical support to injured workers, there are instances where third-party personal injury claims may provide additional compensation. These claims are designed to address the negligence of parties other than your employer, opening the door to fairer recovery for your losses. A Chicago third-party claim personal injury lawyer can make all the difference.
If you’ve been seriously injured on a construction site, our Chicago construction injury lawyers can help you determine if you have a valid third-party claim in addition to your workers’ compensation claim.
In this Article
Understanding Construction Site Accidents
Construction sites are inherently risky environments. With heavy machinery, hazardous materials, and unpredictable conditions, accidents can happen in an instant. Common construction site injuries include falls, equipment malfunctions, scaffolding failures, electrocutions, or being struck by falling objects.
The Occupational Safety and Health Administration (OSHA) identifies what it calls the “fatal four” leading causes of fatalities on construction sites—falls, being struck by objects, electrocutions, and caught-in or caught-between accidents. Even when employers follow safety regulations, accidents may result from factors beyond their control, often involving third-party negligence.
What Is a Third-Party Claim?
A third-party personal injury claim allows injured workers to recover damages from an entity other than their employer who may have contributed to the accident. This is different from workers’ compensation, which provides benefits regardless of fault but often limits the amount recoverable.
For example, if a piece of equipment malfunctions due to a manufacturing defect, the injured employee might bring a personal injury case against the equipment manufacturer, instead of relying solely on workers’ compensation benefits. This broader avenue of recovery can compensate for pain and suffering, loss of consortium, or other damages that workers’ compensation does not cover.
Who Can Be Held Liable in a Third-Party Claim?
Third-party liability often arises when an individual or organization other than the victim’s employer has contributed to unsafe conditions or directly caused an accident. Potential third parties in construction accidents might include:
Equipment manufacturers—if a defective machine or tool caused your physical injury
Subcontractors or vendors—when their negligence compromises job site safety
Property owners—if the premises were unsafe
Other drivers—for accidents involving a car accident or heavy machinery mishap
Engineers or architects—where design flaws or calculation errors lead to hazards
Understanding who is liable involves investigating the accident meticulously. Establishing negligence is key to building a strong claim.
Workers’ Compensation vs. Third-Party Claims
Workers’ compensation is designed to provide quick relief for injured victims of a work-site accident, covering medical expenses and part of lost wages. However, it is a no-fault system, meaning you cannot sue your employer for additional damages like pain and suffering.
A third-party claim fills this gap by holding a negligent third party accountable for the broader impact of your injuries. Combining workers’ compensation and a third-party claim allows you to recover more fully:
Workers’ compensation covers immediate medical expenses and lost wages.
Third-party claims can address pain and suffering, emotional distress, and more extensive financial losses.
It’s possible to pursue both simultaneously, but the process can be complex, requiring careful legal assistance.
Steps to Take After a Construction Accident
Protecting your rights starts immediately after an accident occurs. These steps can help preserve a potential third-party claim:
Seek medical attention: your health comes first; seek treatment immediately and document your injuries thoroughly.
Report the incident: notify your employer and file a detailed incident report.
Document the scene: take photos, collect witness information, and save any physical evidence related to the accident.
Retain all records: keep medical records, correspondence, and receipts for expenses related to the injury.
Speak with a lawyer: consult with a personal injury law office that can clarify whether a third-party claim is a legal action for you.
Having strong evidence and acting quickly increases the chances of a successful recovery.
How a Lawyer Can Help with Third-Party Claims
Navigating the complexities of a third-party claim requires skill and experience. A personal injury lawyer can evaluate liability for those who suffer injuries by identifying all potentially negligent parties and assessing the strength of your claim. They will collect evidence, often working with experts, to build a strong case that demonstrates negligence and its impact.
Dealing with insurance companies or other attorneys can be stressful, but your lawyer will handle negotiations on your behalf to work toward a fair settlement. They also take care of any legal complexities, such as meeting filing deadlines and following court procedures, ensuring everything is properly managed.
The personal injury lawyers in our law firm offer a free consultation and work on a contingency fee basis, meaning you don’t pay unless we win your case.
How The Kryder Law Group, LLC Accident and Injury Lawyers, Can Help After a Construction Accident
Construction accidents can leave you dealing with mounting medical bills and worried about future medical expenses, lost income, and emotional distress.
While workers’ compensation is vital, a third-party negligence claim may provide the full compensation you deserve. Your attorney will need to prove negligence and identify the responsible party (beyond your employer) to successfully argue your case.
Injured in a construction accident? Consult a personal injury lawyer at The Kryder Law Group, LLC Accident and Injury Lawyers, who will explain your legal options and secure a fair outcome for you.
If you've been seriously injured on a construction site, our Chicago construction injury lawyers can help you determine if you have a valid third-party claim.
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
Recovery for a truck driver that was injured while unloading his trailer.
$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
Recovery for a woman who injured her neck in a motor vehicle collision.
$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$500,000
$500,000 Policy limit settlement for a 48-year-old woman injured in a Cook County head-on collision after another driver made an unsafe left turn into traffic.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
Recovery for a dental assistant who slipped and fell at work on an unnatural accumulation of ice.
$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
Recovery for a passenger in a vehicle struck by an inexperienced driver.
$415,000
Recovered for a woman that required neck surgery after aggravating an existing neck injury in a truck accident.
$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
Recovery for a construction worker injured on faulty equipment at a construction site.
$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
Recovered for a 60-year-old woman involved in a car accident. (Policy Limits)
$250,000
Recovered for a man hit by a semi-truck while operating a go-cart.
$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
Recovery for a restaurant patron that slipped and fell in the bathroom.
$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
Latisha S.
Great service. They helped me get my money, and everyone was very pleasant even though the health insurance took a while. Everything was on point on Kryder’s side.
(312) 223-1700