When you are injured at work, it is important to understand your rights. You may have a workers’ compensation claim and also be able to file a personal injury lawsuit against the negligent third party.
Were you or someone you love hurt on the job, whether as an employee of a construction company or as an independent contractor working for one?
If so, The Champaign construction accident lawyers at Rosenfeld Injury Lawyers, LLC will personally handle every aspect of your case from start to finish, and our law firm guarantees that we will get results!
Contact the Champaign personal injury lawyer at (888) 424-5757 (toll-free phone number) or use the contact form today for immediate legal advice and schedule a free consultation. All confidential or sensitive information you share with your local attorney remains private through an attorney-client relationship.
Workplace Hazards and Construction Accidents
Jobs in the construction industry are inherently dangerous, where workers are subjected to hazardous environments on the construction site. Many accidents with severe injuries and fatalities result from negligence by coworkers, subcontractors, and others.
While the injured employee or surviving deceased worker’s family members are legally entitled to receive benefits, including those from workers’ compensation insurance, other funds might also be available from third parties.
For example, the other parties responsible for causing the accident could be the project developer, property owner, project manager, general contractor, subcontractors, suppliers, building material manufacturers, etc.
What Is Workers’ Compensation Insurance?
In Illinois, nearly every employer must carry workers’ compensation insurance covering every employee in the event of serious injuries or death. The workers’ compensation benefits program provides medical care, wage replacement, and other compensatory damages to workers subject to work-related injuries or illnesses.
The benefits are paid for by employer premiums determined by the Illinois Department of Insurance every year based on the construction job rate average. Every injured employee harmed on the job can file for benefits with their employer, who will claim with the insurance company.
Possible Third Parties
Employees may also recover compensation from third parties responsible for causing the accident, such as subcontractors, suppliers, and others.
These additional benefits are typically obtained through a personal injury claim against an insurance company involving a third party.
On construction sites, third parties could include:
- Subcontractors and their employees
- Delivery truck drivers
- Cement truck drivers
- Equipment operators
- Property developers
- Construction managers
- Tradespeople and teamsters
- Employer or a construction owner
The list below is all examples of third-party negligence in the construction industry. Personal injuries could be caused by:
- Defective machinery
- Fire hazards
- Unsafe design of equipment and building structures
- Faulty ladders and scaffolding
- Improper storage of hazardous materials
- Illegal construction workers’ use
It is possible to have a third party held responsible for any work injury, including neglect from defective equipment, unsafe work conditions, the use of illegal workers, and any other event that results in a worker’s injuries or death on a construction site.
Building Project Negligence
Most construction accidents occur in buildings under construction where workers are subjected to dangerous conditions that include:
- fall hazards
- trip and slip incidents
- exposure to toxic chemicals
- exposure to asbestos and silica
- exposure to welding fumes
- exposure to fires and explosions
- exposure to electrical hazards
- exposure to weather changes
- the use of heavy equipment
Construction negligence cases are problematic because they typically involve complex legal issues that can require the assistance of professionals in different fields of law. In addition, the successful outcome for these cases mainly depends on the evidence uncovered to prove fault for causing the accident.
Types of Construction Project Negligence Cases
If you or a loved one was injured because of construction negligence, it is possible to file a personal injury claim against the at-fault party. The types of construction project negligence cases include:
- Defective machinery and equipment: A claim can be filed against a seller or manufacturer of defective equipment that causes a work injury to another person.
- Trip and falls on construction sites: This could include an area such as stairs, flooring, uneven pavement, unpaved walkways, and sidewalks where you slip and fall.
- Construction defects: This involves an unsafe design of equipment or building structures that cause harm to employees or others coming on the site. Examples of construction defects are faulty ladders and scaffolding, improper storage of hazardous materials, and the use of illegal workers. If unsafe conditions harmed the injured worker, you could file a claim against the third party.
- Asbestos and heavy metal exposure: If you are exposed to asbestos or heavy metals in your place of employment or on a construction site where you are working, it is possible to file a personal injury claim for injuries that may occur.
If the third party knew about the hazardous conditions but did not correct them, you could file a case against that party.
Workers’ Compensation vs. Personal Injury
Regardless of the type of personal injury you suffered, it is vital to explore whether or not you are eligible to file a claim against your employer under workers’ compensation laws.
For example, if you were injured on the job and it was the employer’s fault, then you may be able to receive disability benefits – but there are eligibility requirements that need to be met.
Before filing a claim, finding out if you are eligible under the law is crucial. The workers’ compensation rules differ by state. You can usually find out if you are eligible for these claims by contacting your employer or checking with the human resources department.
In some cases, it may be possible to file a personal injury claim against your employer in addition to a workers’ compensation claim, referred to as “dual entitlement.”
Therefore, it is important to speak with a legal representative who can help you file the correct type of claim and review all your options to receive the most money possible for obtaining full and fair compensation for your injuries.
How a Champaign Construction Accident Lawyer Can Help
Construction accidents can be devastating because the injuries sustained are often severe. In addition, in most cases, they result in lengthy medical treatments and a long recovery time.
For this reason, it is vital to have legal representation from a skilled personal injury lawyer if you are seriously injured on a construction site.
Your attorney will work to prove that third-party negligence was to blame for your injuries. In addition, they will gather evidence to support the claim that the construction company was at fault for failing to provide a safe work environment or ignoring safety standards, which resulted in severe injury or death.
Your attorney can guide you through the complexities of filing a personal injury claim against another party to ensure your rights are fully protected before and during the process.
If you were seriously injured on a construction site, contact a skilled Champaign personal injury lawyer who can assist you in filing an effective claim for damages. In addition, you can contact us today to schedule a free case evaluation.
How To Calculate Construction Accident Damages and What Is The Best Course Of Action?
When filing a construction accident claim, it is crucial to understand what damages can be claimed. The two primary areas of recovery are medical expenses and lost income.
However, other types of compensation may apply in some cases, such as pain and suffering or emotional distress. The following discusses the best course of action for each type.
- Medical expenses: This can include hospital bills, ambulance charges, diagnostic tests, and any other procedures related to your medical treatment. You can also claim rehabilitation costs if you undergo extensive physical therapy or in-home nursing care.
- Lost wages: If you could not work because of the accident, you might be able to claim lost income based on how much time was missed from work and your occupation type.
- Pain and suffering: These damages refer to compensation for your physical or emotional pain and how it has affected every aspect of your life – including relationships with family members, reduced quality of life, loss of enjoyment of activities that were previously enjoyed, and limitations on what you can do based on any disabilities that you may have sustained.
- Emotional distress: If you experienced emotional trauma because of the accident, then damages may be available to compensate you for the suffering that has taken place.
- Punitive damages: While these are rarely awarded in construction accident cases, they can apply if there was intentional wrongdoing or gross negligence on the defendant’s part.
Some steps should be taken immediately after a construction accident, including filing the necessary paperwork with your employer and taking photographs of the scene where the accident occurred.
In addition, if you were hurt, seeking medical treatment as soon as possible is vital so that a doctor specializing in workers’ compensation can gather proof of your injuries.
Since construction sites can involve heavy equipment and dangerous situations, safety standards must be followed to protect the people working there. However, even when this is done, accidents can still occur.
Were you hurt because someone else failed to take reasonable precautions or made an error that led to your accident? If so, then you should consider filing a claim to obtain financial compensation for your losses.
What Happens When I File An Injury Claim?
Your first step is to contact a Champaign personal injury attorney to help you determine if you have a valid case and explain the best course of action.
They will also be able to assist you with gathering evidence, such as medical records, witness statements, and police reports to help build a strong case.
If the accident resulted from a specific company or individual, you will have to file a claim against them through your employer’s workers’ compensation insurance provider.
Typically, the insurance company will handle the entire process from beginning to end, including depositing any damages awarded into your account.
In most cases, you will not have to go through the courts to obtain damages for your injuries. Instead, your claim will be handled entirely by a third-party company specializing in workers’ compensation claims. As a result, the court might even call off any legal action on your behalf if the case does not meet specific requirements for successful litigation.
However, in some cases, filing a personal injury claim may be the only legal avenue to obtain full and fair compensation for your losses.
For example, were you denied workers’ compensation benefits or offered an unfair amount of money to compensate for your injuries? If so, you might need to file a civil suit against the responsible party.
While many steps should be taken to file a successful lawsuit following an accident at work, most people will not have the time or knowledge to navigate the claims process alone. Instead, consider contacting an attorney who can explain your rights and represent you in court if necessary.
Current and Proposed Large Construction Projects in Champaign, Illinois
The city of Champaign and Champaign County had begun much-needed construction projects in the community to improve the area.
Some of these include:
- Drainage Improvements – The city has begun improving the drainage system along W. Washington St. The $13 million Central Illinois project will involve constructing a detention basin to improve water flow during flooding.
- Lighting Improvements – The lighting systems along Gregory and Oregon streets in Urbana will significantly improve after the city spends more than $600,000 to enhance the University of Illinois campus along the east side. Urbana, Illinois, residents will see significant improvement in their lighting systems along Lincoln Avenue from Saline Drive to Carney Avenue.
- Road Construction – The Illinois DOT has slated significant road construction improvements along Interstate 57 near Paxton.
- MCORE Projects – Significant improvements as a part of the Multimodal Core (MCORE) Enhancement Project are slated along White Street and Greene St. in Champaign. Work began in early March 2018 with additional scheduled projects along Greene Street from Third Street to Fourth Street and Wright Street from White Street to Springfield Avenue.
- Washington Street and Frank Drive Improvements – The City of Champaign will close Washington Street on the eastbound lane between Walnut and Hickory to repair a broken water main. In addition, Frank Drive between Holiday Drive and John Street will be closed during the same time frame to repair pavement failures.
Champaign, Illinois City Building Department
The Champaign, Illinois City Building Department provides valuable information to view permits online, apply for a permit, and read building codes and amendments.
Champaign City Building 
102 N Neil St
Champaign, IL 61820
The city site also provides invaluable information on fencing regulations, resident dwelling information, and subdivision regulations.
Construction Accidents and Wrongful Death Lawsuits
According to data, the number of accident victims who died at construction sites in Illinois rose significantly in 2018, even though construction work has become far safer than in the past, thanks to industry regulations and technology improvements.
Although construction sites are by no means safe places to work in, employers must provide their employees with necessary safety equipment and training so that they can stay out of harm’s way while working.
Unfortunately, many families lose their loved ones through construction site accidents due to negligence from a property owner, contractor, or other party involved in the construction process.
Therefore, it is crucial to contact an experienced wrongful death attorney after losing a loved one under such circumstances.
Filing a Claim
Surviving family members can file a personal injury lawsuit seeking financial compensation for their damages.
However, to pursue and recover a compensation case following a work accident, you must prove that your injury resulted from negligence by a property owner, employer, or contracting business.
In some cases, the preventable death of construction workers resulted from a catastrophic truck accident that occurred while the employees were on the job. Other times, motor vehicle accidents involving company cars took the lives of loved ones.
Many of these cases are resolved through insurance companies providing coverage for their policyholders, typically the worker’s employer or other third parties.
Have you lost a loved one in an Illinois construction accident and suspect someone else was responsible for their death?
If so, contact an experienced Macon County and Champaign County wrongful death attorney at the Law Offices of Rosenfeld Injury Lawyers, LLC today to schedule a free initial consultation.
How Much Is My Case Worth?
The evidence and facts of each case involving personal injury or wrongful death from a construction accident are unique. Therefore, accurately determining a case’s worth can be complex.
However, a skilled accident attorney from our law office can use various tools to accurately calculate how cases are valued based on specific factors, including:
- The extent of the construction worker’s injuries
- The length of time the healing will take
- Whether there are temporary or permanent disabilities involved
- The amount of money lost through time away from work
- Whether there are future lost earnings due to the injuries associated with the accident
- Whether the injuries are likely to be permanent
- The effects of pain and suffering caused by the accident
- Whether funeral and burial expenses are involved (in a wrongful death case)
- Other non-economic damages, including mental anxiety and emotional distress
Were you or a loved one harmed due to a central Illinois construction accident? You must contact a skilled attorney immediately to ensure you receive full and fair compensation.
Free Case Review With Illinois Leading Champaign Construction Accident Attorneys
If you were severely injured or your loved one was killed in a construction site accident in Champaign County, Illinois, you are entitled to seek financial damages through various means.
Injured workers can file worker’s compensation claims to obtain benefits. Surviving family members can file a wrongful death lawsuit on behalf of the decedent.
However, every incident involving construction-related injuries and fatalities is harrowing, and obtaining funds to recover all damages can be challenging.
It is best to consult with central Illinois construction accident attorneys at Rosenfeld Injury Lawyers ((888) 424-5757) to discuss your legal options.
Our central Illinois team working on your behalf can ensure your family is fully compensated for your monetary losses.
In addition, our law firm will work to identify any other parties that might be at fault for causing your harm and can be held financially accountable to cover your damages. Contact our accident lawyers today at (888) 424-5757.
Resources:  Champaign City Building