When you are a construction worker who has been injured, it is important to stand up for your legal rights. Construction workers have protections in place under OSHA regulations and applicable building codes, and an employer may be required to pay you compensation when an injury is due to their failure to comply with the regulations or due to general negligence pursuant to the workers compensation laws of Illinois.Injured Construction Workers Must Be Aware of Third-Party Lawsuits Against Parties Other Than Direct Employer
However, there are also other parties that may be responsible for accidents caused to an injured worker, a different type of claim may be pursued against them in the form of a third-party lawsuit. Unfortunately for construction workers who have been injured, workers’ compensation benefits typically do not cover all of the costs that are associated with an injury and the long-term economic needs may go unmet. In contrast, a third-party lawsuit for an injured construction worker may be capable of recovering other elements of expenses and intangible damages such as: pain and suffering and disability that may not be adequately accounted for under work comp. law.
If you wish to obtain any compensation in excess of the worker’s compensation benefits available to you, then it will be necessary to file a third-party construction accident lawsuit. A liability claim is filed against a party that is responsible for negligence that has caused your injuries in the workplace. It could be that a manufacturer of a piece of construction equipment is liable for designing a piece of machinery that is defective in nature. Basically, the claim must be filed against a party that is not considered to be your employer or another employee.The Relevance of the “Third-Party Claim” In Chicago Construction Accident Cases
When you file a third-party liability claim, it will become possible for you to receive additional compensation than beyond what you initially received from worker’s compensation. For example if you are a ironworker initiating a construction injury lawsuit, you may file a legal claim against a sub-contractor that was responsible for maintaining safe conditions on a worksite.
You may sue a manufacturer or engineer who was responsible for maintaining, repairing or designing faulty equipment that was used by workers’ on site. As construction accident attorneys, below are some examples of third-party liability claims Rosenfeld Injury Lawyers has pursued on behalf of our clients:
- Failure to maintain safe conditions on a job-site
- Liability for creating an unsafe demolition plan
- Liability of an electric company for keeping high-powered electricity wires close to a home
- Negligence cases for workers injured by falling debris
- Liability against a general contractor for maintaining unsafe electricity on a worksite
- Liability against a supervisor that was negligent or careless in supervising work conditions on a site
- Lability against other public utility providers for negligence
These are some of the common examples of parties that may be sued in third-party injury claims brought for injured workers. Consulting with a Chicago construction accident attorney can help you understand which parties may be sued in your case. It can be difficult to determine which parties are liable when you suffer from multiple injuries that are the result of multiple factors on a worksite. Allow our worker’s compensation lawyers to provide you with legal guidance in this overwhelming time and take some of the responsibilities off of your shoulders.Gathering Evidence Immediately After An Incident On Construction Site Accident
Because construction sites are generally closed to the public, securing information about how an incident occurred may be difficult. Unfortunately, many of the parties who may be responsible for a workers injury may attempt to cover their actions behind these secured walls or conduct their own investigations into an incident outside of the presence of an injured worker or their attorney. Rosenfeld Injury Lawyers recognizes the aggressive tactics regularly employed by construction companies and takes immediate action to protect the rights of our clients.Aggressive & Effective Attorneys Representing Injured Construction Workers In Third-Party Lawsuits
Assuming that the parties responsible for an accident on a construction site will take responsibility for their acts is probably nothing more than wishful thinking. Considering the magnitude of exposure a seriously injured worker can bring to the companies and their insurers, it is important that these cases get aggressively handled from the start.
From the time our office is retained in a work accident or construction site injury case, we get to work securing information to determine who is at fault and why. In these lines, we regularly seek of a court order granting access to the area where and accident occurred or deploy our team of legal investigators to secure statements from witnesses.
As attorneys who are proud to have represented many tradespeople and skilled workers in accident cases, we take our role in their recovery very seriously and do everything from the start to protect the individual and their family for what may be uncertain time ahead. If you were injured on a construction site and believe a third-party may be responsible, contact our office for a free consult to learn your legal rights. As will all of our personal injury cases, we work on a contingency fee and only earn a fee when there is a recovery for you. You truly have nothing to loose.
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