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Steps To Take After A Serious Construction Accident

construction accident

You might not know what to do or who to call when a construction accident occurs. But time is vital when you are hurt in a construction accident, so knowing what to do is the difference between winning and losing your case.  If you were in a construction accident recently, learn about the necessary steps to take in this article and other related accident information. These steps are essential for filing a workers’ compensation or third-party personal injury lawsuit claim. Then our Schaumburg construction accident lawyer at SJ Injury Law can answer your questions about the next steps.

What Are The Most Common Construction Accidents In Illinois?

There is plenty of construction all around Chicago and Illinois. Unfortunately, construction accidents are all too common, with these types happening most often:

Falls

Scaffolding and working from heights are often needed on the job. Because you could be tens or hundreds of feet in the air, falls from scaffolding are usually severe and often fatal. It is estimated that scaffolding falls comprise 25% of all deadly falls at construction sites.

Slips And Falls

Many construction sites are full of equipment, construction materials, and debris. When there are too many things on site, it is easy for workers to slip, trip, or fall. Pedestrians passing by can slip on materials left carelessly on the job site.

Electrocutions

There are many severe and fatal electrocution accidents on construction sites every year. Electrocutions could be because of direct contact with a power source, an equipment malfunction, or even a lightning strike. These injuries can cause severe burns, muscle pain, unconsciousness, and sometimes death.

Falling Objects

Falling object accidents are another common cause of construction site accidents. You can be severely or fatally injured by falling debris, objects, materials, or equipment. Also, falling items can severely injure construction workers and passers-by if companies do not properly secure the job site.

Crush Injuries

Construction sites frequently have moving vehicles and equipment, and construction workers can be wedged between or crushed between equipment or objects. Crush injuries are devastating and fatal because the incident can cause shattered bones, organ damage, nerve damage, brain damage, and more. Crush injuries can happen on job sites when the employer does not tell workers about dangerous conditions or fails to train them about how to stay safe around machinery.

Fires And Explosions

Many construction workers can be injured, or killed on site by fires and explosions. These job sites often have gases, chemicals, and many flammable materials that can harm workers. Fires and explosions also may happen when a piece of equipment sparks. These injuries can include severe burns that are extremely painful and sometimes fatal.

Trench Collapses

Some construction workers are injured in trench collapses. These accidents happen when workers work in deep trenches to install, maintain or inspect electrical cables, or pipelines. If the trench is improperly constructed and or not properly marked with warnings, there can be a fatal cave-in. Also, sometimes passers-by fall into trenches, and the long fall can cause a fatal injury.

Overexertion

Companies also must ensure that workers are given sufficient breaks on long, hot days to stay nourished and hydrated. If construction workers work too long and hard, they can become weak and dehydrated, leading to dangerous health conditions. Or, their weak state can make them inattentive on the job, leading to severe accidents.

If you are injured in a construction accident, time is of the essence. So, ensure that you follow these steps:

Get Medical Attention

The most important step after any construction accident is to get immediate medical attention. Call 911 immediately so you or the injured party can get the medical help they need. Construction accidents can be severe; only trained medical personnel should assist or move the injured person. Not moving the injured party is essential if you suspect a serious back or neck injury.

You need to have a doctor check the severity of your injuries no matter how minor you think they are. Some injuries, especially to the head, back, and neck, might not be painful initially. This is not the time to be brave, tough it out and wait a few days to see if you feel better. You need to visit a doctor immediately, get treatment, and have everything recorded in your medical record. These steps ensure your health and the ability to file a workers’ comp claim or third-party lawsuit later.

Report The Construction Accident

The next step is to report the accident to your employer. Some workers may not want to report the accident because they are afraid of losing their job or immigration status. There could be fear that the company will retaliate against an injured worker for reporting an accident and safety-related violations.

It is always in your interest to report the accident to your manager or whoever oversees the project. Reporting the accident ensures that the accident will be fully documented, which is essential for your case and for preventing future injuries. Remember to note who you reported the accident to and when. This will be important for filing a legal claim later.

Collect Contact Details

Gather as much evidence as possible from the construction accident scene, including contact information from witnesses. You or another worker should write down the contact information for each person who saw the accident, which you can give to your lawyer later. Your attorney can get the witnesses’ versions of what happened.

Take Photos

You should also take photos of the construction accident scene. Or have a coworker do it. If the accident happened because of unsafe work conditions, take pictures of the area and any defective equipment. You also should have someone take pictures of your injuries, including damage to your construction hat, clothing, or related property.

Talk To An Attorney

If you are hurt on the job, you must probably file a workers’ compensation claim with your employer. However, you could receive a better case outcome if you have an attorney handle your case. Most attorneys working on such cases do not charge upfront legal fees; they only get paid if you receive benefits.

Workers’ Compensation Laws In Illinois

If you were hurt in a construction accident at work, you may be eligible for workers’ compensation. The state’s workers’ compensation insurance system pays benefits for job-related injuries, regardless of fault for medical costs. It covers most state employees and starts from when you start the job. To receive workers’ compensation benefits, you need to do the following after a job-related construction injury:

  • Get prompt medical attention.
  • Work with your doctors so you can heal and get back to work. You can lose your benefits if you do not attempt to get better or do things that worsen the injury.
  • Tell your doctors that the treatments are for a job-related construction accident.
  • Give your employer the contact information for your doctor.

Illinois has several types of workers’ compensation benefits. What you receive and how long depends on the severity of the construction accident:

  • Medical care to treat your injuries.
  • Temporary total disability for when you cannot work and are recovering.
  • Temporary partial disability when you are working but doing lighter work or working fewer hours.
  • Permanent partial disability when you sustained a permanent disability but can still do other work.
  • Permanent total disability when you are permanently unable to do any work.
  • Survival benefits for the family if you died because of a workplace accident.

If you file for workers’ comp after an accident, there is a three-day waiting period before receiving benefits. So, if you are hurt, you will get benefits beginning on the fourth day.

What Does A Construction Accident Lawyer Do?

After a serious construction accident in the Schaumburg area, the last thing you should do is take on the insurance companies alone. Retaining an experienced injury attorney is essential to maximizing your physical and emotional recovery. Some of the critical tasks your attorney will handle are:

  • Analyze your construction accident case
  • Handle insurance negotiations for a favorable settlement
  • File all legal paperwork and claims
  • Respond to legal motions
  • Keep the case on track
  • Communicate vital case details to you
  • Negotiate with the defendant
  • Answer all of your legal questions

If your accident case involves workers’ compensation, your attorney also can ensure that you get the most benefits possible. Many injured parties who handle their own workers’ comp claim wind up with less money than they could have with an attorney’s help.

Last, your attorney can file a third-party personal lawsuit in the construction accident case if your injuries were caused by someone other than your employer. For instance, if you were hurt at work in a construction accident, your attorney could file suit against the maker of a defective piece of equipment or a negligent maintenance company.

Contact Our Schaumburg Construction Accident Lawyer For Legal Assistance

If you were hurt in a construction accident, you should speak to an experienced injury attorney as soon as possible to safeguard your rights. Because construction injuries may involve workers’ compensation, there are deadlines in the statutes that must be closely observed. Contact our Schaumburg construction accident lawyer at SJ Injury Law to help keep everything on track. Call (847) 434-3555.

 

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The Most Dangerous Industries for Workplace Accidents In Illinois

Workplace Accidents

Doing work is incredibly fulfilling. Most people enjoy the sense of accomplishment and purpose that comes from a job well done. However, while work can be important for philosophical and financial reasons–as well as essential for the greater economy–the workplace can also be dangerous, too. In Illinois, there are a few industries that stand out as being particularly dangerous, including construction. Consider the following overview of the most dangerous industries for workplace accidents in Illinois, and call our construction accident lawyer at the office of Claim Your Justice if you or a loved one has been injured on the job.

The Most Dangerous Industries for Workplace Accidents in Illinois

In 2019 (the most recent year for which data is available) there were a total of 158 fatal work injuries reported in Illinois; there were 104,000 nonfatal workplace injuries and illnesses reported.

According to the Bureau of Labor Statistics, most of the workplace fatalities that occurred in Illinois were the result of transportation incidents, violence and other injuries by animals or persons, slip and fall accidents, and contact with objects and equipment. It may come as no surprise then, based on these common causes of death, that the construction industry is most of the most dangerous industries for workplace accidents in the state. In fact, the private construction industry had the highest number of workplace fatalities in the state in 2019 with 30 deaths or over 18 percent of total workplace deaths. Other industries that had high rates of fatal accidents include the private transportation and warehouse industries.

Additional highlights based on the data

The data reveals that construction, transportation, and warehousing are amongst the most dangerous industries for workplace accidents in the state; we also know that transportation accidents, slip and fall accidents, contact with objects and equipment, and violence are common causes of injuries–fatal and otherwise.

Data also tells us that men are much more likely to be involved in fatal accidents in the workplace than women, most likely because these industries are traditionally dominated by male employees.

Common Workplace Injuries

When an accident occurs within the construction industry, transportation industry, warehouse injury, or another injury in Illinois, the injuries and damages can be significant. Especially in injuries that involve working with heavy equipment and machinery, power tools, or working at heights, injuries can be catastrophic. Common workplace injuries in construction include:

  • Traumatic brain injuries. A traumatic brain injury, or TBI, can impact a person’s memory, learning, language, cognition, emotion, and sensations for years.
  • Spinal cord injury. Spinal cord injuries are tragic because they are permanent; once the spinal cord is injured, it cannot be repaired. Spinal cord injuries often lead to permanent or partial paralysis from the site of the injury downwards.
  • Amputation injury. One of the most severe injuries that a construction industry worker can suffer is that of an amputation injury. These types of injuries lead to permanent disability.
  • Crush injuries. Being caught in or hit by heavy equipment can mean a crush injury that results in the loss of use of a limb, internal bleeding, and death in the most serious cases.
  • Psychological injuries. Some injuries aren’t physical, but psychological. Being involved in a severe accident can result in post-traumatic stress disorder, depression, and anxiety.

Common Causes of Workplace Injuries 

Workplace injuries often happen as a result of negligence. Transportation incidents, being caught in/between machinery or being struck by an object, electrocution, falls from heights, slip and falls, and violence by another person or animal are common causes of injuries in the workplace. Unfortunately, most of these accidents are often avoidable and would not occur but for:

  • Improper worker safety training. All employees, particularly those who work in industries where the risk of accident and injury is high, need to receive proper training on best practices and workplace safety. Failure to ensure that workers go through an adequate safety training program, as well as the failure to ensure that workers have the information and training that they need for a specific job, can lead to tragic accidents.
  • Improper supervision/worker management. Another cause of accidents in the workplace is a lack of proper supervision or worker management. At a construction site, a site manager should always be available to answer questions and ensure that safety protocols are being followed to a T. Improper supervision and management can lead to serious harm.
  • Lack of safety equipment. Federal and state laws set forth by the Occupational Health and Safety Administration (OSHA) require that workers in dangerous industries, including construction, have access to basic and specialized safety equipment depending on the job site and the work being performed. For example, hard hats and safety harnesses when working at heights, proper safety boots, safety goggles, and gloves are all standard. If a worker is not given the correct safety equipment for a job, they may be at an increased risk of injury.
  • Defective machinery. Sometimes, even when workers are properly trained, given the right safety gear, and follow safety protocols, accidents still happen. In some cases, an accident or injury may be the result of defective machinery or equipment. If defective machinery or equipment causes an injury, the manufacturer could be held liable.

Things like roughhousing, failing to double-check all safety steps, and worker negligence can cause accidents and injuries in some cases, too.

Who’s Liable for a Workplace Injury?

When a worker is harmed on the job and suffers severe and costly injuries, there is a question of liability that must be answered. Consider the two following sources of compensation and liability in a workplace accident claim–

  • Workers’ compensation insurance. The vast majority of employees in most industries, including the private construction industry, are considered employees and are covered under their employers’ workers’ compensation policies as such. When a workplace accident occurs, an employee is entitled to workers’ compensation, without having to prove fault, so long as they can prove that the injury happened at work while they were acting within the scope of their employment.
  • Third-party liability claims. Workers’ compensation is a no-fault system, which means that an injured worker does not need to prove the fault of their employer in order to recover compensation; it also means that by virtue of the no-fault benefits, their employer is immune from liability. In other words, an injured worker cannot file a lawsuit for damages against their employer.

While an employee cannot sue their employer after an accident, they may have grounds to bring forth a third-party liability claim. A third-party liability claim is a type of civil action that alleges that a third party (someone other than the employer) did something negligent, and the negligence was the proximate cause of the employee’s harm. For example, filing a lawsuit against a product manufacturer if a defective product causes a workplace injury is a type of third-party liability claim. Sometimes, both workers’ compensation benefits and a third-party liability claim can be pursued.

Types of Damages Recoverable in a Workplace Accident Claim

When you hire our personal injury attorney in Schaumburg or a construction accident lawyer from our office, we can promise that we’ll work hard to get you the settlement that you deserve. However, it’s important to note that how much you can recover, as well as the types of damages that you can recover, will depend on whether you are filing a workers’ compensation claim or a third-party liability claim.

A workers’ compensation claim provides benefits for the full value of a workers’ necessary and reasonable medical expenses. Workers’ compensation benefits can also cover a portion of an employee’s lost wages. However, workers’ compensation benefits do not cover 100 percent of an employee’s lost wages, nor do they include compensation for pain, suffering, or emotional distress.

A third-party liability claim, on the other hand, is not capped. A worker can file a suit seeking damages for the full value of their losses, including compensation for their medical bills, lost wages, and non-economic damages, such as pain and suffering. There is no limit to how much a worker can recover.

While this type of claim may therefore seem superior to a workers’ compensation claim, remember that a third-party liability claim requires being able to prove the fault of a third party, whereas workers’ compensation benefits are offered anytime a worker is injured during the course of their employment with no requirement to prove fault. 

How Our Construction Accident Lawyer and Personal Injury Attorney in Schaumburg Can Help

If you work in one of the most dangerous industries in Illinois and have been involved in an accident at work, such as a transportation accident, construction accident, or warehouse accident, you deserve to be compensated.  You also deserve to be supported and represented by a legal professional throughout the process. At the office of Claim Your Justice, our lawyers have years of experience, a reputation for excellence, a track record of winning large settlements for our clients, and a commitment to you.

We always offer free consultations and work on a contingency fee basis. If you or a loved one has been injured at work, please call our construction accident lawyer or personal injury attorney in Schaumburg directly today to schedule your free consultation and the support you need.

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Why You Need A Construction Accident Lawyer For An On-the-Job Injury

Construction Accident

Being a construction worker means constantly being exposed to risks and hazardous situations, ranging from large vehicles to falling objects and more. If you have been injured as a construction worker, you may be facing high medical bills, lost wages, and temporary or permanent disability. As you think about whether to file a personal injury claim, a workers’ compensation claim, or both, it’s important to also consider the value of hiring a personal injury lawyer in Schaumburg, IL.

At the law office of Claim Your Justice, our experienced construction accident attorney can help you to understand your rights, your best options for recovering compensation, and will advocate for you throughout the entire process. Reach our law firm today online or by phone to learn more about your options and how we can help.

Types of Construction Accident Injuries

Our law firm can provide representation for workers injured in a wide array of construction accident types, including:

  • Falling object accidents. Falling objects are a common cause of construction accident worker traumatic brain injury.
  • Slip and falls. When workplaces are not maintained in a safe condition, are wet due to weather events, or when workers are not wearing proper footwear, the risk of a slip and fall increases.
  • Falls from heights. A fall from a height may be the result of a safety breach, such as failing to properly construct scaffolding, failure to wear a safety harness, a slip and fall, etc.
  • Trench collapses. Trench collapses can happen for a variety of reasons, many of which may be unexpected. These include things such as soil that is especially dry, vibrations from nearby construction equipment, and wet weather.
  • Scaffolding accidents. Scaffolding accidents are a leading cause of injury in the construction industry. Improper scaffolding construction, poor maintenance, and inadequate worker training or access to safety equipment can all lead to a scaffolding accident.
  • Motor vehicle accidents. Motor vehicle accidents on a construction site may involve a vehicle involved in the construction project or a third-party vehicle. Speeding, distracted driving, impaired driving, and improper signage all contribute to these accident types.
  • Heavy machinery accidents. Crush injuries from caught-in/between injuries are one of the construction industry’s ‘fatal four’ causes of worker death.
  • Explosions and fires. A worksite explosion or fire can have devastating effects, and workers may suffer disfiguring or fatal burn injuries.
  • Electrocution accidents. Like accidents involving machinery, electrocution accidents are a leading cause of injury and death amongst construction workers.
  • More. If you have been involved in an accident type and have suffered an injury that isn’t listed above, please call us directly. We can review your case free of charge and provide you with the representation you deserve.

What a Construction Accident Injury Attorney Does

Before you decide whether or not you should hire a construction accident/personal injury accident attorney in Schaumburg, it’s helpful to understand what exactly such an attorney does. Here’s an overview of the services that our law firm can provide when you have been seriously injured in an on-the-job accident.

  • Free case review. When you call our law firm, the first thing that we will do is invite you to schedule a free case consultation. During this time, we can learn more about your case and whether or not our law firm is a good fit; you can learn about our lawyer and decide if you want to work with us. Case consultations are offered free of charge and with no obligation to hire our law firm moving forward.
  • Accident investigation. After we have concluded reviewing your case and we have made the decision to work together, the next stage in the process is conducting an investigation into your workplace injury. Our investigation seeks to determine exactly what happened, the precise cause of your accident, and who should be held liable. Even if you are filing a workers’ compensation claim where you do not need to prove fault in order to recover benefits, being able to prove that your accident occurred on the job is still essential.
  • The hiring of experts. To help us investigate your case and prove causation and fault, we may choose to hire experts. For example, an accident reconstruction expert can reconstruct the accident to gain clues as to how it occurred.
  • Building your case/reviewing your options. After we have fully investigated your case, we will make a recommendation about how you should proceed. Depending on the circumstances, this might include filing a workers’ compensation claim or filing a third-party liability lawsuit, or both. We can help you to understand the differences of each and prepare your case appropriately.
  • Filing your claim. We will handle 100 percent of the details associated with filing your claim, including organizing all documents and paperwork, representing you when talking to claims adjusters, and more. We handle your claim so you can focus on your recovery.
  • Reviewing and negotiating your settlement. After you have filed your case, you will likely receive a settlement offer. This is true regardless of whether you are filing a workers’ compensation claim, a third-party liability claim, or both. It is important to have an attorney review your settlement offer as the insurance adjuster often low-balls the first offer. We will review your offer and, if it does not fairly compensate you, we will enter into the negotiations process on your behalf. We will aggressively advocate for your rights to a fair settlement.
  • Filing a lawsuit. While most claims are filed out of court through negotiations, sometimes, a settlement agreement cannot be reached. When this is the case, filing a lawsuit and litigating the case in court may be the best path forward. We will discuss the option of filing a lawsuit with you and can represent you throughout the process if you decide to pursue this opinion. Our law firm has trial experience.

What Happens If I Don’t Work with a Personal Injury Attorney After an On-the-Job Injury?

There is no legal requirement to hire an attorney after being involved in an on-the-job accident and suffering a related injury. However, while you may not be legally required to hire an attorney, working with a lawyer is one way to improve the chances of your case being successful. If you do not hire an attorney, you may face various hurdles and roadblocks, including:

  • A claim adjuster denying your claim
  • A claim adjuster refuting that your injury occurred on the job
  • The insurance company disputing the severity of or the cause of your injuries
  • Your employer threatening to take retaliatory action against you for filing a claim
  • Uncertainty over which type of claim to file or what you have to prove
  • An insurance company low-balling your settlement
  • Missed deadlines, including missing the statute of limitations to file a lawsuit or missing the deadline to appeal a denied claim
  • Intimidation and threats, including an insurance adjuster threatening to offer you nothing if you don’t accept what’s being offered now
  • More

While many of the above actions are illegal or unethical, they do happen. Working with a construction accident lawyer after suffering a personal injury at work is one of the easiest ways to protect your rights and your best interests.

Paying for a Construction Accident Attorney

One objection many initially have with hiring an attorney is the fear that working with an attorney will be unaffordable. Whether you are hiring a personal injury attorney, a workers’ compensation attorney, or someone who works on both case types, it’s important to choose a lawyer who offers free consultations and who always works on a contingency fee basis.

Working on a contingency fee basis means that the attorney won’t ever charge you out-of-pocket or hourly fees; instead, the attorney’s payment is based on a percentage of your winnings. If your case is not successful and the attorney is unable to recover a compensation award on your behalf, you won’t owe the attorney a cent; if the attorney is successful, then you will pay the attorney a portion of your settlement. This way, you’re never having to pay for legal fees out of pocket and are never on the hook for legal fees if you don’t get paid yourself.

Call the Experienced Schaumburg, IL Construction Accident Attorneys at Claim Your Justice Today 

Being involved in a construction accident could change your life. In the blink of an eye, you may suffer an injury that’s not only expensive to treat, but also that leaves you unable to work and earn an income to provide for yourself in the future. This is a shocking and devastating experience for an injured worker and their family.

When you call the experienced Schaumburg, IL construction accident attorneys at Claim Your Justice, we can start working on your case immediately. We’ll treat your case with the level of attention and dedication that it deserves, and always make sure you are a priority. We’ll remain accessible and available throughout every step of the process.

To schedule your free consultation, call our law firm directly today at 847-434-3555 or send us a message here. We are here for you.