Peoria, Illinois Construction Accident Lawyer
When a construction accident occurs, workers often suffer severe or life-threatening injuries that keep them out of work for a significant amount of time.
Therefore, it is important to talk to a licensed attorney about whether you may be eligible for compensation during this difficult recovery period.
Injuries from workplace accidents can have devastating effects on the lives and livelihoods of those affected.
However, should you be involved in an accident at work or if your loved one has been injured as well, the personal injury lawyers at Rosenfeld Injury Lawyers, LLC can help. We encourage injury victims to contact our law office today at (888) 424-5757 or use the contact form so our law firm can begin working on all legal issues immediately.
A Peoria, IL personal injury law firm will provide a free case evaluation and handle all aspects of your claim, including medical costs, lost earnings, and other expenses related to your construction site injury.
Our goal is simple - getting clients the compensation they deserve as quickly as possible so they can focus on healing instead of finances.
Dangerous Constructions Sites in Peoria, Illinois
Peoria County construction workers are at risk nearly every day they are on the job. Serious accidents with severe injuries and fatalities often occur because someone was negligent at the job site.
Every injured worker in Illinois is entitled to receive workers' compensation to recover their monetary expenses for medical bills and lost wages.
However, seeking additional funds over and above workers' compensation can be challenging. Hiring a Peoria construction site accident attorney can help resolve your case quickly.
These third parties could include property owners, site managers, project developers, general contractors and subcontractors, coworkers, building material manufacturers, and suppliers.
Rosenfeld Injury Lawyers handles construction site accident cases across Illinois. Contact our attorneys for a free case review if you or a family member was injured on a construction project in or around Peoria.
Construction Accidents Common Occurrences
Construction accidents are more common than most people realize – even in non-hazardous jobs. In fact, according to the Bureau of Labor Statistics (BLS), there were over 10,000 fatal workplace injuries in 2016 alone – many being those working on construction sites.
Of those fatalities, 1% occurred while employees were engaged in construction activities as part of their job duties. However, 16% involved at least one worker who was not directly employed by a construction company but was hired through another entity such as an independent contractor or subcontractor.
Current and Proposed Large Construction Projects in Peoria, Illinois
Riverfront Village Park: Phase I of the new Riverfront Village Platform and parking deck began in Autumn 2017 to demolish existing buildings. Underground utility work and grading should begin by spring 2018. Phase II is expected to start with the release of funding and include lighting and hardscape paths.
Peoria Downtown Development Project: OSF Healthcare and Caterpillar, Inc. announced a downtown development project in January 2018 that will employ at least 200 construction workers full-time.
The $80 million - $100 million projects will construct a ministry headquarters for OSF Healthcare, where Caterpillar Inc. had planned to construct its global headquarters. Instead, Caterpillar Inc. donated the property, which included a $3 million contribution to developing amenities that both companies could utilize.
Peoria Road Improvement: With the onset of warmer weather, Peoria began seasonal road construction projects for 2018, beginning with the Willows Knoll Drive and Allen Road intersection that was once slated for 2021. Also, the reconstruction projects on Harvard Avenue and Northmoor Rd. are expected to continue. An additional $5 million has been slated to reconstruct N. University St. from Townline Road to Pioneer Parkway.
Peoria Illinois City
Planning & Development
401 W Washington Streety
East Peoria IL 61611y
OSHA and Fatal Construction Accidents
According to OSHA, accident fatality rates in the construction industry are nearly twice as much as any other industry sector. Additionally, minor accidents occur more frequently in construction work than in other dangerous occupations.
This statistic can be a safety and health nightmare for workers on a construction site, where risk assessments should be mandatory to minimize posed risks and identified hazards.
Every supervisor, supervisor, and employee should consider contributing factors for construction site injuries involving working at heights, moving objects, slipping, tripping and falling, excessive noise, material handling, trench, excavation collapses, and hand-arm vibration syndrome.
Additionally, construction workers can be exposed to asbestos, airborne materials, fibers, or electrical hazards.
Filing a Workers' Compensation Claim for Personal Injury Benefits
Every injured worker suffering construction injury has a legal right to file a claim for workers' compensation benefits.
Nearly all Illinois employers must carry insurance to the workers' compensation system and provide coverage on each employee should they be injured on the job or exposed to hazardous materials.
Workers' compensation benefits typically involve paying for all medical expenses associated with the injuries and paying for lost wages while the victim heals.
However, the amount the injured party receives is typically insufficient to cover all financial burdens associated with the accident. In these cases, it's typically beneficial to hire Peoria construction accident attorneys to investigate the accident and identify third parties.
Types of Construction Site Injuries Covered by Worker's Compensation
Illinois worker's compensation law does not require an employer to provide benefits if their employees are injured while participating in criminal activity, on a lunch break, or during an unauthorized absence from work.
It also does not apply if the employee is intoxicated or violating any safety rule at the time of the accident.
Illinois worker's compensation law generally covers most construction accidents that happen on-site, including falls from scaffolding, ladders, aerial lifts, amputation injury from power tools, impact injuries from construction equipment and exposure to hazardous materials.
Injuries that are covered include:
- Back Injuries/Fractures
- Broken Bones (other than fingers or toes)
- Burns by hot objects or molten metal
- Electric shock
- Facial disfigurement
- Fainting spells due to loss of blood
- Hearing loss of deafness
- Heart disease/strokes/pulmonary diseases related to the work environment
- High blood pressure (hypertension)
- Infections from severe workplace accidents
- Loss of a body part or organ damage
- Mental, nervous, and emotional disorders (including PTSD)
- Numbness in hands or feet
- Permanent injuries
- Scarring from severe burns caused by fires/explosions/chemical reactions
- Sprains and strains of joints or muscles.
- Spinal cord damage
- Temporary disfiguring scars due to workplace accidents involving piercing, lacerations, or other violent contact leading to skin wounds that require plastic surgery
- Traumatic brain injuries
- Work-related death
The above is not an exhaustive list of the types of injuries covered by worker's compensation. An experienced Peoria construction accident attorney can help you determine if your injury qualifies for benefits.
Can I Use My Doctor for Treatment, or Do I Use the Company Doctor?
Under Illinois law, you are not required to use any recommended doctor for your treatment. Instead, you can choose your doctor in Peoria to treat all of the injuries caused by the incident.
However, it's important to note that you should generally seek treatment within days of the incident for insurance companies to accurately calculate any lost wages stemming from time off work due to injury.
Last year alone, there were 668 fatal construction accidents. While the Occupational Safety and Health Administration (OSHA) has made workplace safety a priority, construction accidents still occur regularly in Illinois and across the country.
Sadly, many of these incidents could have been prevented by implementing appropriate safety measures to safeguard against injuries for workers and those living near construction sites.
A Peoria personal injury attorney must handle accidents caused by negligence. To take legal action against a negligent party, you need to prove that the defendant violated a legally established duty of care to the plaintiff and that the violation led to injuries or property damage.
Construction Accident Lawyers Filing a Third-Party Claim
In cases where your Peoria construction accident lawyer identifies a third party, you could file a civil lawsuit to hold them responsible for your accident.
Under Illinois law, third-party claims involve another person or entity that was negligent, a negligent manufacturer, or a defective product.
Lawsuits can vary from a product liability claim to premises liability, but the results typically involve compensating parties for injuries and financial burdens associated with construction accidents.
In some cases, involving hazardous material exposure, victims of asbestos poisoning accident claims could be eligible for asbestos trust funds set aside by major manufacturers responsible for manufacturing or using the toxic substance.
Potential defendants involved in a Peoria construction accident could include:
- Contractors and subcontractors working for other companies
- Product manufacturers producing and selling defective tools, materials, or equipment
- Building owners
- Property developers
- Equipment rental companies renting faulty tools, trucks, and equipment
- Warehouse and storage companies
- Supermarkets, bakeries, restaurants
- Retail stores selling assumed defective tools or materials
Injured Parties Could be Entitled to Workers' Compensation Benefits in Addition to Third-Party Claims
Suppose a Peoria construction accident is fatal for a worker on the site. In that case, their family members could file a claim to receive lost wages, medical expenses, funeral needs, survivor's compensation benefits, and more.
Similar to third-party claims, this type of legal action involves filing a lawsuit against the appropriate parties or entities for negligence or exposure to hazardous materials.
Peoria construction accidents involving workers suffering asbestos exposure could qualify the family members for asbestos trust funds set aside by major manufacturers to resolve a construction site injury claim.
For more information about a Peoria construction accident and to find out how our team of attorneys can help you, please get in touch with our offices today. If you've been injured at work, it's important to contact an attorney who understands the Peoria construction accident laws.
All confidential or sensitive information you share with our construction accident injury lawyers remains private through an attorney-client relationship.
Common Causes Leading to Construction Accident Injuries
According to statistics from the National Safety Council, the common causes of construction accidents in the workplace include:
- Failing to follow safety precautions
- Not providing adequate training to employees
- Failing to maintain safety standards and equipment on site
- Not following security protocol of the area
- Allowing unqualified or untrained persons to operate machinery or equipment
Every injured employee is entitled to file a claim against their employer for negligence regarding their workplace injuries. If you have been severely injured at work, contact a competent Peoria construction accident attorney for a free consultation regarding your case today.
For more information about accident cases in Peoria, please visit our website to view additional helpful articles or use the contact to discuss your case's merits
Filing a Wrongful Death Lawsuit
Surviving family members have a legal right to file a civil lawsuit, citing a preventable death. These cases typically involve qualifying family members, including surviving spouses, children, grandchildren, parents, grandparents, siblings, etc.
A wrongful death claim is typically resolved through the defendants' insurance companies. It is determined that someone or some company is at fault for causing the decedent's death.
Our Peoria, IL lawyers encourage you to contact our law firm to discuss your legal options on receiving financial recovery for your damages and review cases similar to yours.
The Will's Executor
Typically, the judge will determine which family member will serve as the will's executor. However, if no will exists, family members may still try to receive compensation from the defendants' insurance companies for medical expenses and other monies spent on behalf of the deceased person.
The court will also decide if the injured or surviving family member is entitled to compensation through a settlement or jury verdict.
The judge decides which party is at fault and then determines how much compensation to award the injured or surviving family members.
How Much is a Wrongful Death Claim Worth?
The amount of compensation will vary based on several contributing factors, including:
- The severity and type of injuries sustained by the decedent
- Any preexisting conditions that may have contributed to the death
- The financial status of both parties involved in the case
- Whether any or all of the defendants are insured or self-insured
- The age and financial status of the claimants
- The type of case involved – i.e., a car accident, medical malpractice, wrongful death, etc.
A Peoria construction accident lawyer from Rosenfeld Injury Lawyers, LLC can guide you through this process and fight to ensure that your family adequately recovers compensation for your damages and losses.
For more information about our personal injury services, please feel free to contact our construction accident lawyers today by calling (888) 424-5757. Our super lawyers accept cases on contingency to avoid working hourly or on a flat fee for injured parties who want to avoid paying any upfront cost.
How to Report a Workplace Injury
It is important to follow the rules on reporting how the accident happened to your supervisors to ensure you receive adequate financial compensation for your injuries.
Under Illinois law, anyone involved in the accident should file a report and be physically able to describe what happened accurately.
The process of reporting a workplace injury includes:
- Notify your supervisor
- Write down the details of the incident
- Write down what happened to cause the injury
- Describe any injuries or treatment you received as a result of the accident, including anything from broken bones, cuts, bleeding, hospitalization, surgery, physical therapy, or other medical treatment you received
An investigation will be conducted by your employer's managers, who are responsible for submitting a written report of the incident to the Division of Labor.
Additionally, if you feel that any unsafe working conditions contributed to your injuries or claim, they must be reported as well. Notify your supervisor or HR representative and write down details of the safety violation, along with the name of the person who committed the offense.
Filing a Workers Compensation Claim
Suppose you are injured at work and require medical treatment. In that case, your employer is responsible for paying for your medical bills and other costs incurred while treating your injuries through their workers' compensation insurance.
This coverage is required by state law and must be provided by all employers, whether state or federal entities, private companies, non-profits, charities, or universities.
The process of filing a workers' compensation claim typically involves:
- Informing your supervisor about your construction accident injury
- Filling out the applicable paperwork provided by your employer within the time frame allotted after the construction accident
- Providing any documentation required by the paperwork, including the construction work you were performing when the construction accident occurred
- Following the instructions on how to access medical treatment to treat your injury involving visiting a specific doctor or clinic for evaluation, treatment, and follow-up
- Complying with any other requests made by your employer's workers compensation insurance company after the construction accident
- Notifying your supervisor of any additional costs incurred for medical treatment that is not covered under your worker's compensation policy
Any money you receive for medical bills and time off work will be deducted by the amount of any disability payments you are receiving under your employer's insurance policy.
It ensures that employees only receive the difference between what they received through their worker's comp coverage and what they were entitled to under state law.
If you believe that your employer's workers' compensation insurance company is not providing adequate coverage to treat your injuries, you can file an appeal with the Illinois Workers Compensation Commission. Our Peoria construction accident lawyers can assist you in this process.
Free Consultations with Personal Injury Lawyers Handling Construction Project Accidents in Peoria
If you have been injured or lost a loved one in a Peoria construction site accident, you are likely entitled to receive financial compensation for your damages and losses.
However, these cases can be extremely complex and require the skills of a Peoria construction accident attorney who specializes in wrongful death cases, construction accidents, and premises liability lawsuits.
A Peoria construction worker injury lawyer working on your behalf can review your case to determine if additional negligent third parties are also responsible. In addition, holding the third-party financially accountable could provide you and your family additional financial compensation.
The legal team of dedicated attorneys at Rosenfeld Injury Lawyers will handle every aspect of your claim, from gathering evidence, speaking to eyewitnesses, filing necessary documentation in the appropriate county courthouse, and preparing your case for trial.
Contact our Peoria construction accident lawyers today at (888) 424-5757 to schedule an appointment for a free consultation to discuss the merits of your case and your legal options to proceed.
Our legal team accepts all cases on a contingency fee basis, which means if we secure a jury trial award or negotiate an acceptable out-of-court settlement, you owe our construction accident lawyers nothing.