Construction activity causes numerous accidental injuries to workers on the site and passersby. If you were hurt in a construction accident, your rights depend on whether you were working on the site when the incident occurred.
Construction accident claims could be complicated. A Palatine construction accident lawyer from The Kryder Law Group could explain your legal options and help you pursue compensation for your injuries. Reach out to a seasoned personal injury attorney today to schedule a consultation and discuss your case.
Rights of Injured Construction Workers
Occupational Safety and Health Administration (OSHA) data demonstrates that construction is a dangerous industry, with one in five worker fatalities attributed to the construction trades. Many more industry employees receive non-fatal injuries at work.
Employers in Illinois must provide Worker’s Compensation coverage to their employees. The program provides no-cost medical care for work-related injuries and pays a portion of worker’s wages if the injury keeps them from working. However, a worker cannot sue their employer for work-related injuries, even if the employer’s negligence caused the harm.
When an injured construction worker consults an accident attorney at our firm in Palatine, the legal professional would immediately investigate the incident. If an employee of another firm, an independent contractor, or someone other than the worker’s employer had partial responsibility for an incident, the worker could sue the third party. The third party could be liable for the portion of their wages that Worker’s Compensation does not cover and the worker’s pain, suffering, inconvenience, and other non-economic losses.
Legal Remedies for Construction Site Visitors and Passersby
If someone suffers an injury when visiting a construction site, walking or driving by, or at their nearby home or workplace, they could sue the negligent party for their damages. A victim must identify the parties responsible and prove that their failure to take reasonable precautions led to the situation that caused their injuries.
Various situations could lead to a construction site injury to someone other than a construction worker. Potential scenarios include:
- Injuries to bystanders resulting from explosions or implosions
- Crane accidents damaging surrounding structures and causing injuries
- Unsecured debris falling or blowing and striking someone off-site
- Fires that spread to the surrounding area
- Construction vehicle accidents
- Toxic substance release that contaminates air, soil, or water
A proactive Palatine construction accident attorney could examine the construction permits, bids, contracts, the project manager’s records, and other documents to determine who was responsible for the accident that caused the injury.
Time Frames for Legal Action
Most personal injury cases in Palatine fall under 735 Illinois Compiled Statutes 5/13-202. This law requires an injured person to file a lawsuit within two years of the date they suffered the injury.
If a child was hurt in a construction accident, they have until two years after their 18th birthday to file a lawsuit. However, it is usually advantageous for a parent to bring an action on the child’s behalf rather than wait for them to turn 18. Negligence is easier to prove when the incident is recent, evidence is available, and witnesses’ memories are clear.
Sometimes the state or a local government could be liable in a construction accident case. Special notice and procedural rules often apply when a person brings a claim against the government. Consulting an experienced lawyer in Palatine soon after the incident could preserve the right to bring a construction injury lawsuit against the state or a local government.
Trust a Palatine Construction Accident Attorney with Your Claim
If you suffered injuries in a construction accident, you deserve the maximum compensation available. A Palatine construction accident lawyer from The Kryder Law Group could review your case and determine your best course of action.
Do not try to handle a construction accident claim without legal advice. Speak with a capable attorney about your situation today.