Workers' Compensation After a Construction Injury
Illinois workers' compensation generally applies when an employee suffers an accidental injury arising out of and in the course of employment. Potential benefits can include reasonable and necessary medical care, temporary disability benefits, permanent disability benefits, vocational rehabilitation or maintenance in appropriate cases, and death benefits for qualifying survivors.
Workers' compensation is generally the exclusive remedy against a covered employer for an injury sustained in the line of employment, subject to statutory exceptions.
When Can There Be a Third Party Claim?
A construction site often involves multiple companies. General contractors, subcontractors, equipment owners, delivery companies, property owners, manufacturers, and other entities may all be present.
If a party other than the injured worker's employer caused or contributed to the accident, a separate negligence or product liability claim may be possible. That claim can provide remedies different from workers' compensation, but it may also create reimbursement or lien issues involving benefits paid under the Workers' Compensation Act.
Evidence on a Construction Site
Construction conditions can change quickly. Equipment may be moved, temporary structures dismantled, and crews reassigned. Photographs, witness identities, incident reports, safety records, contracts, equipment information, training materials, and video may therefore be important.
The relationships among contractors can also matter. Contracts and scopes of work may help identify who controlled the activity that caused the injury.
Common Construction Injuries
Claims can arise from falls from heights, ladder and scaffold incidents, falling objects, heavy equipment, trench accidents, vehicle collisions, electrical injuries, defective tools, repetitive trauma, and other job related hazards.
The legal analysis should focus on the actual mechanism of injury rather than assuming every construction accident is handled the same way.
What Should an Injured Worker Do?
Report the injury promptly, obtain appropriate medical care, identify witnesses, and preserve information about the work activity and companies involved. Illinois workers' compensation has notice and filing requirements, so waiting can create unnecessary issues.
If you were injured on a construction site, Michael J. Lucas & Associates, LLC can evaluate the workers' compensation claim, determine whether a third party may also be responsible, and help you understand how the two claims may interact.
Areas We Serve
Michael J. Lucas & Associates, LLC assists clients throughout Boone County, Cook County, DuPage County, Kane County, Lake County, McHenry County, and Will County.
Our office serves clients throughout Northern Illinois, including Addison, Algonquin, Antioch, Arlington Heights, Aurora, Barrington, Bartlett, Batavia, Belvidere, Bloomingdale, Bolingbrook, Buffalo Grove, Carpentersville, Cary, Chicago, Crystal Lake, Deerfield, Des Plaines, Downers Grove, Elgin, Elk Grove Village, Elmhurst, Evanston, Fox Lake, Fox River Grove, Frankfort, Geneva, Glen Ellyn, Glenview, Grayslake, Gurnee, Hanover Park, Hampshire, Harvard, Highland Park, Hoffman Estates, Huntley, Joliet, Lake Barrington, Lake Forest, Lake in the Hills, Lake Zurich, Libertyville, Lincolnshire, Lisle, Lockport, Lombard, Marengo, McHenry, Mokena, Mount Prospect, Mundelein, Naperville, New Lenox, Northbrook, Palatine, Park Ridge, Plainfield, Poplar Grove, Prospect Heights, Rolling Meadows, Romeoville, Roselle, Schaumburg, Shorewood, South Elgin, St. Charles, Streamwood, Sugar Grove, Vernon Hills, Waukegan, West Chicago, Wheaton, Wheeling, Wilmette, Winfield, Wood Dale, Woodridge, and Woodstock.