Construction accidents claims are notoriously complex. In many cases, injured construction workers do not know the proper steps to take to ensure that they are able to recover the maximum available financial compensation. In fact, injured workers may not even be sure if they have a construction accident case at all.
Each construction accident claim is unique — serious injuries always require a comprehensive investigation conducted by an experienced Illinois construction accident lawyer. To find out if you have a viable construction accident case, you should contact an attorney immediately. Your lawyer will be able to review your case, explain your legal rights, and help you assess your options for compensation.
Illinois Workers’ Compensation Claims: No-Fault Benefits are Available
The overwhelming majority of Illinois construction workers are covered through the state’s workers’ compensation insurance program. Under Illinois law, workers’ compensation is provided on a no-fault basis. This means that injured construction workers are not required to prove that their employer was negligent in order to be eligible to recover benefits. If you were hurt while working on a construction site, you likely have a valid workers’ compensation case. To access benefits, you must prove the following three things:
- You are covered by the Illinois workers’ compensation insurance program,
- You suffered a legitimate, compensable injury; and
- Your injury is related to your job.
To be clear, this does not mean that all workers’ compensation claims are easy. Quite the contrary; disputes can arise for a wide range of different reasons. Many injured workers struggle to get the full medical or wage loss benefits that they deserve. If your workers’ compensation claim was denied, underpaid, or if you have general questions or concerns about your rights, you should consult with an experienced Illinois construction accident lawyer immediately. There are strict deadlines in workers’ compensation claims. You do not want to miss out on your rights because of a legal technicality.
Illinois Construction Accident Lawsuits: Plaintiffs Must Prove Negligence
If your construction accident occurred — at least in part — because of the negligence of any party other than your employer, then you should consider bringing a personal injury claim. One of the downsides of workers’ compensation is that full compensation is often not available to injured workers. While workers’ compensation provides critically important medical and wage loss benefits, it does not cover pain and suffering and other intangible damages.
However, some injured victims have other options available. In cases where a third party was responsible for causing the accident, the construction worker can obtain compensation for additional damages through a personal injury claim. Notably, construction accident injury claims are fault-based legal cases. Unlike workers’ compensation claims, you must prove that the defendant did something wrong — meaning that you must prove that they were negligent — to recover financial compensation. Negligence is defined as the failure to take adequate care within the context of the specific situation.
It should be noted that employees are generally prohibited from bringing personal injury claims against their employer. However, these claim can be brought against any other negligent parties — including against other construction companies, property owners, and equipment manufacturers.
Reach Out to an Attorney for Help
Ultimately, if you have been injured in a serious construction accident in Rockford, it is imperative that you reach out to a skilled attorney for assistance in recovering the compensation that you deserve. To be sure, a dedicated attorney can help you understand the specifics of what we have covered in this series, which includes the following:
- Common types of construction accidents;
- What to do after a construction accident occurs;
- Determining if workers’ compensation is available; and
- Whether or not you have a viable case.
In reality, it is in your best interests to contact an attorney instead of attempting to progress through the case on your own. To be sure, a skilled workers’ compensation attorney will be able to guide you throughout each step of the process and help ensure that you recover all of the compensation to which you are rightfully entitled to for your injuries.
Don’t hesitate any longer to seek the assistance of a legal professional. Reach out to our dedicated team at Tuite Law today for a consultation and learn how we can be of assistance. Feel free to contact us online or call us at 815-209-9546 to set up a consultation.