Schaumburg Construction Accident Lawyer
Construction sites are inherently dangerous environments, and injuries are hardly uncommon. Most of these injuries, however, are preventable.
Were you injured in a construction site accident or lost a loved one by someone else's negligence? If so, you have rights. At Rosenfeld Injury Lawyers, LLC, each personal injury attorney in our firm provides access to legal protection to ensure that you can exercise your rights to receive worker's compensation benefits and funds through personal injury claims.
Our law firm is here to help you get the compensation you deserve for your injury or loss if it happened at a construction site.
Contact our Schaumburg personal injury lawyers at (888) 424-5757 (toll-free phone number) or use the contact form today for immediate legal advice and to schedule a free consultation.
We will investigate what happened and hold responsible parties accountable for their negligence when appropriate to not harm anyone else again. Contact us today!
Dangerous Constructions Sites in Schaumburg, Illinois
Construction sites in the Village of Schaumburg, Illinois, can be extremely dangerous to workers and visitors when others are negligent in their actions. Many severe injuries and fatalities result from one or more parties behaving badly, making mistakes, or not following safety procedures and protocols.
Every injured worker is entitled to receive worker's compensation under Illinois law, and injured visitors can seek financial protection by filing compensation claims.
Hiring a Schaumburg construction accident attorney to work on your behalf can ensure that you receive a full and fair monetary recovery for your damages.
Worker's Comp and Third-Party Claims
The lawyer can seek to file a claim or lawsuit against third parties responsible for causing you harm. These third parties could include building material manufacturers, suppliers, project developers, general contractors, property owners, co-workers, subcontractors, and others.
A legal team building your case and presenting evidence can ensure your rights are protected while providing substantial financial compensation to recover your medical expenses, recoup time away from work and pay for pain-and-suffering.
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 Schaumburg.
National and Illinois Construction Site Accident Statistics
According to the National Safety Council, OSHA (Occupational Safety and Health Administration), and Bureau of Labor Statistics, the incident rate of construction accidents has risen significantly over the years.
For example, data reveals that the rate of construction site incidents has risen by nearly 300% in the last decade.
Nationally, the injury and fatality rate and commercial and residential construction accidents and fatalities have gotten worse over the years. For example, in 2013, construction workers in Illinois experienced nearly 82,000 accidents on job sites with issues such as falling objects and materials leading to injury or death.
Illinois commercial construction accidents totaled more than 771 incidents that year, resulting in three deaths and 88 serious injuries requiring time away from work.
In 2017, there were over 432 fatalities and 96,000 non-fatal injuries in construction sites across Illinois. Construction injuries occur most frequently to laborers (typically injured victims are men between 25 to 34). Millennials are more likely to be injured at work than older construction workers.
Worker's compensation is the right of every Illinois employee injured on the job, whether they are residents of Illinois or not.
Therefore, work-related injuries should be reported immediately to your employer to protect this legal right. In addition, forward any paperwork that you may have received from medical treatment facilities or other related documents to your employer.
Seeking Workers' Compensation Benefits
Under Illinois law, nearly every employer must carry Worker's Compensation coverage on every employee to ensure that they are insured for any job-related accident, injury, or illness.
The law states that employees cannot sue for damages caused by the employer's negligence, and everyone should be aware of their rights and protections under the law.
Before filing a claim, ensure that you have fully recovered from your injuries before doing so. Then, please consult with your doctors on how soon you can resume working, contact our attorneys to file a claim or submit your information on this page.
If you have questions about filing a workers' compensation claim, contact our experienced Schaumburg construction accident attorneys for a free consultation at (888) 424-5757 or use the contact form today.
Schaumburg Construction Accident Lawyers and Attorneys
It is always advisable to work with an attorney who will visit the accident site and take photos and measurements to help build a case against the responsible party.
Our attorneys handle construction site accident cases like yours across Illinois, focusing on personal injury and workers' compensation benefits.
Our law firm offers free consultations, contingency fees, and pay medical bills on your behalf as part of our service. Your initial consultation is always provided without any upfront cost or payment.
Our expert attorneys and legal staff work to maximize compensation for your medical bills, lost wages, and pain and suffering. Our law firm investigates all cases with a thorough report about the site conditions and why your accident occurred.
Rosenfeld Injury Lawyers, LLC's law offices are here to help with Schaumberg construction accidents such as slip-and-fall accidents, equipment accidents, forklift accidents, scaffolding accidents, trench collapse accidents, and crane collapse incidents, and more.
Current and Proposed Large Construction Projects in Schaumburg, Illinois
ComEd West Central
Reliability Project –Construction crews will install a new electric line at the Itaska Bartlett substation running along the south side of Interstate 390 at the Elgin-O'Hare Expressway. While the much-needed project is underway, there will be a potential impact around the Schaumburg Airport.
Development – Plans are underway to transform the former Motorola Solutions campus in downtown Schaumburg. Developers hoped to renovate the area into hotels, restaurants, stores, houses, and office space on a level with the Chicago Loop. In addition, a 225-acre portion of the 322 acres at the site will have easy access to O'Hare Airport, and the new Meacham Road interchange recently opened.
Roselle and Schaumburg
Road Intersection Improvement – The Village of Schaumburg officials have authorized the construction of a new right-turn lane at the intersection of Roselle and Schaumburg Road.
The project, overseen by the Cook County Transportation and Highway Department, will involve the installation of a full traffic signal and significant aesthetic improvements. The completion of the project is expected in August 2018, with major landscaping restoration ending in September 2018, weather permitting.
City Building Department
Community Development Department
101 Schaumburg Ct.
OSHA (Occupational Safety and Health Administration) and Company Vehicle Accidents
Not all construction accidents occur on the job site. Unfortunately, many construction workers are severely harmed and killed in vehicle accidents while driving the company car, truck, or heavy equipment.
According to OSHA (Occupational Safety and Health Administration), vehicle accidents are the leading cause of death for construction workers. In many cases, the victim died on the way to or from work.
In these cases, the other motorist could be found financially liable or criminally at fault for causing the victim's serious injuries or death.
The Bureau of Labor Statistics reveals that 7 out of 10 construction workers killed between 2011 and 2013 were involved in vehicle accidents.
Construction worker injuries resulting from car, motorcycle, bus, or heavy-equipment crashes often lead to serious life consequences. Victims often suffer head trauma, internal organ damage, loss of sight or limbs, extensive hospitalization costs, including surgeries and rehabilitation, and the inability to work and support a family.
Construction accidents due to road conditions and defective vehicles can be reduced if enforced by proper safety measures and highway engineering practices. It includes the installation of guardrails, adequate signage, roadway striping, and correct traffic control procedures at job sites.
Steps for Filing a Workers' Compensation Claim for Injury Benefits
Receiving workers' compensation benefits is not automatic. The severely injured party, or their legal representative, must file a worker's compensation claim to recover damages to pay for medical expenses and time away from work while healing.
Much by filing an automobile accident claim or dog bite case, the employer's insurance company claims adjuster could deny the claim or delay payment to the injured worker.
In these cases, the denial could take away the financial recovery the injured party means to cover their financial burden if they cannot return to work.
Fortunately, a Cook County construction accident attorney can speak directly to the employer's insurer and open up negotiations to settle the claim.
These steps include:
- Make a list of all medical expenses incurred due to a serious injury, including ambulance rides, hospital stays, surgery costs, physical therapy sessions, and rehabilitation efforts.
- Track down lost time from work, including the number of days missed working.
- Figure out how much you will be missing in wages because of the shift away from work. The injured party must receive a percentage of their normal wage set by Illinois injured construction workers laws.
While the victim's construction accident lawyers calculate their client's damages, they will likely investigate what happened, re-create the accident scene, and speak to eyewitnesses. During the investigation, it might be determined that additional defendants are also responsible for causing the accident.
With the best legal advice, you can likely receive free and fair compensation to cover all your damages, including medical expenses and lost wages. Contact our construction accident lawyers for a free consultation.
Our law offices serve Kane County, DuPage County, Lake County, Cook County, Arlington Heights, and the Chicago metropolitan area.
Filing a Third-Party Claim
In some cases, other parties can be held legally liable for pain damages to the injured party due to their negligence, intentional act, or strict liability. Under Illinois law, a third-party claim involves personal injury claims against a third party who caused the victim's severe injuries or wrongful death.
The names of other parties who may be legally liable for causing a construction site accident include:
- A person who committed an assault and battery to the injured construction worker
- An employer's supervisor, co-worker, or manager who was negligent by failing to provide the injured party with proper safety equipment or training on how to operate heavy machinery
- A driver that was drunk while driving a vehicle, which caused an accident due to negligence.
- The owner of an animal who had not contained their pet
- The property owner whose building did not properly maintain staircases and walkways for public use, which caused the injury
- Other contractors and subcontractors working at the job site
- Product manufacturers who design, manufacture, and sell defective equipment, tools, or building materials
- Equipment rental companies renting faulty tools, equipment, vehicles, and heavy machinery
- Government agencies and municipalities
The legal liability of a third party can vary based on case details and evidence submitted in court. If the injured construction worker proves their claim against another party under Illinois law, they may receive compensation for damages.
Damages often include medical expenses, lost income due to time away from work, future wage loss, diminished earning capacity (due to the injury), and property damages.
The construction accident lawyer representing the injured construction worker may demand that defendants, in addition to their employer, pay for all expenses related to the injuries they caused.
At this point, the workers' compensation insurance company could pressure their insured partner into offering a settlement before trial commences in court, when possible.
Filing a Wrongful Death Lawsuit
Surviving family members who lost a loved one through a preventable death in a construction site accident have a legal remedy to seek financial compensation. Illinois law provides the opportunity for each family member to file a civil lawsuit claiming wrongful death.
Qualified members typically include surviving spouses, children, grandchildren, parents, grandparents, siblings, etc. Typically, these cases are condensed into a single lawsuit that the decedent's estate executor usually controls.
No Named Executor
If the injured victim died without a will or naming an executor, the judge will appoint a personal representative to handle the wrongful death claim.
Illinois laws provide that damages can be compensated for pain and suffering, mental anguish, medical expenses, funeral costs, lost wages from being out of work at the time of death, loss of expected child support, or financial support from the injured construction worker.
In addition to workers' compensation insurance, the third-party defendant responsible for causing the construction site accident may be liable to pay damages.
For example, suppose their insurance policy does not have enough coverage to compensate the family. In that case, other defendants sued in wrongful death claims must contribute if each defendant's share is less than one hundred percent of total damages recovered.
Protect Your Health After a Construction Accident
Many severe construction site accidents leave the victim with catastrophic injuries or temporary & permanent disabilities. In these cases, maintaining optimal health is crucial to returning to work and moving on past the accident.
To heal completely, or as completely as possible, requires a commitment to undergo all recommended therapies, surgeries, and physical rehabilitation.
It is best to participate in restoring your health to ensure maximum compensation, which might include:
- Get a diagnosis: Receiving an accurate diagnosis from a competent doctor even if you suspect that your injuries are minor. Only a doctor with the best education and diagnostic tools can accurately determine the extent of your injuries and the current condition of your health.
- Get a second opinion: If you suspect that the diagnosis is inaccurate, consider seeing other doctors and get a second opinion. Question your doctor and ask for clarification. Also, make sure that the treatment approach is supported by peer-reviewed publications on the topic of construction accident injuries.
- Receive treatment from a trusted medical professional: In many cases, doctors will recommend non-operative therapies such as acupuncture, exercise therapy, massage therapy, physical rehabilitation, and drug treatments to restore your health.
- Undergo surgery: If the doctor believes that you would benefit from a surgical procedure, find a surgeon with extensive education and experience. In many cases, surgeons who perform only one or two procedures have less proficiency than those who focus on one aspect of medicine. Ask to see before and after photos from similar cases to ensure a good outcome.
Construction Accidents Can Lead to Injuries and Fatalities
In cases where a third party caused the injury through negligent actions, construction workers might be eligible to file a workers' compensation claim. Adequate compensation is often based on loss of wages, medical bills, and pain and suffering.
These cases are usually heard in a workers' comp court, where the injured individual may receive a settlement for their losses without going to trial.
In other cases, these legal battles might result in having to go to court. In both cases, the best way to ensure fair compensation is to work with a competent lawyer who can help you receive maximum awards for your injuries and losses.
Establishing Liability in Your Construction Accident Claim
To prove liability, you must show that:
- The defendant owed a duty of care (a requirement that is judged by common law but is applied in the same way throughout the United States);
- The defendant breached this duty of care
- As a result, the damage was caused to you or someone else
Before filing your claim with your local workers' compensation court, check your state's statute of limitations. If you fail to meet these deadlines, you will lose your ability to collect damages. To file a construction accident or injury claim, you must meet the statute of limitations in your state.
Settlement Awards for Construction Site Accidents
If you win at trial, you might receive compensation for:
- Your medical bills.
- The lifelong needs of any children involved.
- Future medical treatment may be needed.
- You may receive compensation for any disability that might result from the accident, including disfigurement or brain damage.
- Pain and suffering caused by your injuries. It can include physical pain, mental anguish, loss of enjoyment of life, fatigue, and insomnia.
- Loss of companionship if you lost someone close to you due to this accident.
- Any work injuries that arose out of or in the course of employment, such as head trauma, herniated discs, and ingrown toenails. These cases might include another factor of workplace negligence if you were not provided with the correct safety equipment for your job.
Receive a Free Consultation with An Experienced Schaumburg Construction Accident Law Firm
As an injured employee under Illinois law, you can receive worker's compensation benefits. In addition, as a surviving family member of a deceased loved one killed in a construction accident, you are entitled to file a wrongful death lawsuit.
Our super lawyers working on your behalf can ensure that every party is held accountable.
If you were injured in a Schaumburg construction site accident or lost a loved one through another's negligence, contacting an attorney to handle your case could help you resolve your financial problems quickly.
Our law firm accepts all personal injury cases and wrongful death lawsuits on a contingency fee basis, meaning no upfront fees are paid until the case is resolved.
Contact the state's leading Schaumburg construction site accident attorneys at Rosenfeld Injury Lawyers at (888) 424-5757 (toll-free phone call) or use the contact form to discuss your case during a free legal consultation.
Our team of attorneys can review your legal options and assist you in seeking full compensation for your damages. All confidential or sensitive information shared with your construction accident attorney remains private through an attorney-client relationship.