Year after year, statistics prove construction is one of the most dangerous occupations due, in large part, to the inherent risks associated with the job. What’s even more concerning is that about 25% of construction workers admit to suffering a work-related injury and never reporting it. Considering this, the construction industry is even more dangerous than statistics suggest!
When you sustain a work-related construction injury, it’s usually in your best interests to report what happened. Reporting what happened protects your legal rights and can also help you get the financial assistance you need while you recover.
Here at DJC Law, our team of legal advocates has helped clients navigate construction injury accidents for over 25 years. Relying on the solid legal advice of the right Chicago construction accident lawyer can help you obtain the maximum possible compensation after your work accident, but without any legal help, you might be limited to accepting whatever coverage you can get through a worker’s compensation claim. Get more details about construction accidents here in Chicago, the consequences of them, the legal options available to you, and how our firm can help you file a claim below.
The Reality of Construction Accidents in Chicago
Construction work is designed for the toughest of workers, as the demands of the job are very high every day. On top of that, construction is one of the most dangerous occupations due to the inherent risks associated with the types of jobs these workers tackle. Construction cases are all vastly different, since these types of workers encounter such a wide variety of situations each day. The types of injuries sustained in a construction accident can range from a broken bone from a trip and fall to severe traumatic brain injuries after a crane causes a building to collapse onto workers.
Everyone employed in the construction industry should be aware of the many hazards of construction work and the safety measures they should take to reduce the risk of injuring themselves or others. About one in 100 construction workers, on average, get injured badly enough to need time off of work every year.
Common Causes of Construction Accidents
Construction accidents are almost always caused by human negligence. All Chicago construction sites are regulated by the Occupational Safety and Health Administration (OSHA), which provides specific regulations and advice to employers. In general, employers must provide the proper safety equipment, instruction, and tools necessary to facilitate a safe work environment. A failure to do so could, and often does, result in an accident.
Determining the cause of your accident is an important step in processing what happened and determining your options. Below, we’ll go over some of the most common causes of construction accidents, but if you need more help identifying what caused your accident, then Chicago construction accident attorneys can help you investigate what happened.
Falls from Heights
Falls from heights top the list when it comes to the Occupational Safety and Health Administration (OSHA)’s Fatal Four in the construction industry. Thousands of injured workers get harmed when they fall from heights as a result of scaffolding collapses, unprotected edges and holes, inexperience, a lack of safety equipment, or a lack of preparation and safety training.
In one recent tragedy, two Chicago construction workers fell nine stories after their scaffolding collapsed at the University of Chicago Medical Center. The technical engineer on site was fatally wounded, while another 36-year-old worker suffered critical injuries.
Falling Objects
Another one of the most common types of construction site accidents (https://teamjustice.com/oshas-fatal-four-construction/) happens when a worker gets harmed by falling objects. When objects are unsecured, tools and materials can fall from above and cause a severe construction site injury.
A common falling object scenario often plays out when cranes are involved. In a recent case in Machesney, three crane accidents occurred when a collapsed building toppled on top of all the machines. Each machine had an operator inside, and two of those individuals were injured enough to require hospitalization.
Equipment Malfunctions
Faulty equipment and equipment malfunctions can also lead to a construction accident. In general, the more dangerous the equipment, the more serious the accident is going to be. Some of the most commonly reported equipment malfunctions include heavy machinery failures, power tool malfunctions, and electrical failure. When equipment doesn’t work as it is supposed to, equipment manufacturers could potentially be held partially responsible for your losses.
Electrocutions
In a recent construction site accident at the Homan Square water pumping station, a contractor was fatally electrocuted when he reportedly made contact with a VFD (variable frequency drive) and was electrocuted. The investigation is still ongoing.
Electrocutions happen when construction workers make contact with power lines, uncover faulty wiring, encounter wet and exposed wiring near outlets, or get shocked by poorly maintained power tools. According to the National Fire Protection Association, 77% of electrocutions between 2012 and 2016 involved workers within the construction industry.
Struck-By Incidents
Another common type of Chicago construction accident happens when employees get struck by vehicles or equipment. When looking at all fatal work incidents, not just those in the construction industry, transportation incidents account for almost half (42%) of all workplace injuries throughout Illinois. In the construction industry, workers need to watch out for not only vehicles on nearby roads that pose a hazard but also heavy equipment and machinery that may be traversing throughout the job site.
Caught-In/Between Accidents
Another hazard common in construction work is the threat of being caught in or between objects, resulting in pinching, squeezing, compression, or crushing. These types of incidents can happen when trenches collapse, or employees become entangled with machinery. These types of accidents are one of OSHA’s Fatal Four.
Exposure to Hazardous Materials
Working within the construction industry also requires you to be aware of the potential for exposure to hazardous materials when it comes to certain types of jobs. Since toxic chemicals could be present at some job sites, the proper safety equipment and safety briefings should be provided before you get to work. Some job sites could also expose you to other types of hazards, like asbestos, which can cause long-term health problems if you aren’t wearing the correct safety gear.
Being cautious about hazardous materials is crucial, especially since the impacts of the exposure might not surface until months or even years later. You may not even realize you’re harming yourself by exposing yourself to the hazard until you’re later diagnosed with an irreversible medical condition.
That said, always do your due diligence when it comes to hazardous material exposure and get in touch with an attorney if you think you could’ve been improperly exposed to a harmful material at work.
Consequences of Construction Accidents
The consequences of construction accidents can be very significant when the injury is substantial or likely to cause long-term impacts on your overall health. After a work-related injury, it might be best to consult with a construction accident lawyer to ensure you fully analyze the consequences of the incident and properly value your losses. Below, we’ll go over just a few of the types of consequences you can expect after a construction accident.
Physical Injuries
The most apparent consequence of a work accident is the potential to experience serious injuries. Construction site injuries range from minor cuts, bruises, and sprains to extremely serious brain injuries, lacerations, spinal cord damage, or even workplace fatalities. When a construction accident injury is substantial, the impacts can last a lifetime. The person may not ever be able to fully recover, and they may have to spend a lifetime in physical rehabilitation re-learning how to become independent again.
Emotional and Psychological Impact
Construction workers who experience injuries on the job are also likely to sustain significant emotional and psychological consequences. As a result of the incident, the employee could develop significant anxiety, depression, or even PTSD. These mental health conditions can derail the person’s ability to enjoy life and have a seriously detrimental impact on the worker’s overall quality of life going forward.
Financial Burden
Construction accident victims who get injured will likely incur substantial medical bills. Severe injuries will require ongoing treatment, and that long-term rehabilitation and therapy will be costly. Unfortunately, it’s very likely that the worker’s injuries will prevent them from returning to work right away. These combined factors will create an undue financial burden on the victim. If you experience this, then a construction accident attorney can help you determine your options for seeking compensation to help you cover your economic losses.
The Legal Process for Construction Accident Victims
Since the consequences of a construction accident are so significant, it makes sense that Illinois has a straightforward claims process to protect the rights of employers and employees. Typically, a construction company pays an insurance company every month to help cover any work-related accidents that come about. If a worker does get injured, then the worker’s compensation policy comes into play and covers the employee’s losses when they need medical attention and lose time off of work.
If your losses are significant, then it might be best to consult with construction accident attorneys about what happened. You might have other options for recovery, which we will go over below.
Initial Consultation
Once you reach out to a law firm, an attorney will listen to you go over all the details of your accident. From there, they’ll explain your legal rights to you and go over the entire legal process with you. If you want to seek compensation by filing a claim, then your attorney will provide you with solid legal advice every step of the way.
Here at DJC Law, our team will assist you in identifying your best legal course of action. If we think you have a claim, then we’ll work towards gathering all the right evidence and documentation necessary to get started on your claim.
Investigation
Next, our attorneys will review all the evidence we collect, including accident reports, medical records, eyewitness accounts, video footage, and more to properly identify who could be potentially legally responsible. If your construction site manager failed to follow OSHA standards or was extremely negligent in any way, then we will work toward securing the necessary evidence to prove your case. We will work with experts, including safety inspectors and medical professionals, to ensure we have all the facts necessary to expound on what happened and the extent of your injuries.
Filing a Claim
To receive fair compensation, your next step will be filing a personal injury claim, a workers compensation claim, or both. A construction worker typically won’t be able to sue their employer since they’re protected under workers comp, but you could be able to recover compensation from a negligent third party. You will only have up to two years from the date of your accident to file your claim under statute of limitation laws in Illinois, though, so be sure to get started on talking to a lawyer quickly after the incident.
Worker’s Compensation VS Personal Injury Claims
Next, your lawyer will want to determine your best course of action. As an injured worker, your first and automatic source of recourse is workers compensation. Workers compensation law in Illinois mandates most employers to hold this type of insurance policy. When an accident happens, workers compensation benefits automatically kick in regardless of fault.
Workers compensation claims aren’t always your best approach to seeking full compensation, though, since these insurance policies are limited. You won’t be able to seek much outside of the compensation for your medical expenses and lost wages. A personal injury claim against a negligent third party might be a good option if you want to seek out damages for pain and suffering, emotional distress, or other types of losses.
Litigation
The next phase of your claim will be the litigation process. This will involve significant pre-trial motions and a lengthy discovery process, especially when you have a serious injury and you’re requesting significant compensation. When you work with a strong team of lawyers, like the ones here at DJC Law, you’ll present a solid case upfront, making the negotiation process much easier. Most cases will resolve during the mediation and negotiation process, but if the other party isn’t willing to reach a fair agreement, then your attorney should be ready to prepare for trial.
Settlement Tactics
Construction companies understand how serious work-related accidents can be, so they’re often incentivized to make an initial low-ball offer in the hopes you’ll accept it and move on with your life. The right attorney will ensure you don’t accept less than what your claim is worth by properly evaluating settlement offers and refusing ones that don’t align with your needs.
Types of Compensation Available
To ensure you receive fair compensation after accidents at construction sites, you need to be aware of the different types of compensation available. Below, we’ll go over the types of damages available in construction accident injury claims.
Economic Damages
Economic damages describe the direct financial losses you experience after your accident. This includes losses like your medical bills, past and future medical expenses, lost wages, disability benefits, a loss of earning capacity, any property damage you sustained in the accident, and any other financial loss you endure. These damages are typically easy to prove with the right documentation.
Non-Economic Damages
Another type of compensation available in a personal injury claim is non-economic damages, like pain and suffering. Non-economic damages are more difficult to value and are defined as losses that impact a person’s quality of life or wellbeing.
According to the Bureau of Labor Statistics, 986 construction-related deaths occurred in 2021. When a fatality is involved, it’s important to also involve construction accident lawyers who can help you properly value your non-economic losses. For instance, losing a life partner could result in a significant loss of enjoyment of life. You could be suffering from significant emotional distress. While it’s hard to put a financial value on these types of losses, an attorney will help you calculate a fair compensation amount based on your circumstances, court precedent, and the impact of your loss on your overall quality of life.
Punitive Damages
Punitive damages are appropriate when construction site accidents happen as a result of intentional, willful, or extremely negligent behavior. The right construction injury attorneys can help you determine if your case warrants the pursuit of punitive damages, since this type of compensation is rarely awarded. Punitive damages aren’t meant to reimburse the victim but to punish the offender. They’re more common when the victim’s loved ones are pursuing a wrongful death claim and death benefits and the other party was extremely grossly negligent.
Why Choose DJC Law for Your Construction Accident Case
When you’re facing the aftermath of a construction accident, you need a team of experienced Chicago construction accident lawyers by your side. At DJC Law, we bring over 25 years of dedicated experience in handling construction accident lawsuits, ensuring our clients receive the maximum compensation they deserve.
Our firm has a proven successful track record, consistently securing favorable outcomes for our clients. We pride ourselves on our personalized approach and dedication to each case, treating every client with the utmost care and respect. Our commitment to individualized attention means we thoroughly understand your unique circumstances, allowing us to tailor our legal strategies to best suit your needs.
Client testimonials speak volumes about our effectiveness and compassionate service. Our clients appreciate the comprehensive support we provide, from initial consultation to final settlement. We are relentless advocates for our clients, always striving for the best possible results.
Our extensive knowledge of OSHA regulations and state labor laws is a cornerstone of our practice. We leverage this expertise to meticulously build your case, identifying any regulatory violations and holding responsible parties accountable. This in-depth understanding of the legal landscape ensures we can navigate even the most complex construction accident claims with precision and skill.
Choosing DJC Law means choosing a firm that is fully committed to fighting for justice on your behalf. We understand the physical, emotional, and financial toll a construction accident can take, and we are here to support you every step of the way. Contact us today to learn how we can help you secure the compensation you need to move forward.
Preventing Construction Accidents
A construction zone is inherently dangerous. It is an employer’s legal obligation to protect workers by taking reasonable steps to secure their safety. Employers can uphold their legal duty of care by following safety regulations set forth by OSHA. This includes providing the proper safety equipment and training to all employees who are likely to face on-the-job hazards. Construction companies fail to uphold their duty of care when they fail to warn employees about risks, don’t provide the right equipment, and don’t maintain equipment properly.
Contact Us
Are you looking for a reputable and reliable Chicago construction accident attorney? Our Chicago branch is located at 140 S Dearborn St in Suite 1610 if you’d like to meet with us in-person. You can also always give our office a call at (312) 442-5555.
To schedule your free consultation, you can also leave your contact details on our online form. One of our leading lawyers will reach out to you as soon as possible about what happened.
Navigating Your Chicago Construction Accident Claim
Construction accidents occur so frequently within the industry that they’re normalized to a frightening degree. As a worker, you should never feel inclined not to report a work-related accident when you’ve suffered injuries. A report, even if the incident is minor, could help strengthen your team’s overall attention to safety measures, keeping everyone safer. Plus, when you report the accident, you preserve your rights. If you find out that your injury is a bit more serious than you first thought, then you’ll still be able to get your full and fair compensation by either seeking a worker’s compensation claim or considering a lawsuit.
To determine your best option, it’s typically best to consult with a Chicago construction accident lawyer. The right law firm will review all the details associated with your accident, analyze your potential options for recovery, and then help you navigate through the legal process of filing a claim.
Our team of highly experienced and qualified legal representatives here at DJC Law is committed to fighting for justice in your construction case. We’ll carefully analyze all your options to determine your best path towards fair compensation.
If you’re ready to get started, schedule a call with our team now.