Helping Injured People in Illinois Recover
If you were injured in a construction accident in Illinois, your recovery may not be restricted to the amounts allowed by workers’ compensation laws. Schedule a free consultation with Eames Law Group right away to determine whether you may be able to file a claim against a third party.
Third Party Injury Claims
Construction accidents often involve heavy machinery, falls from heights, electricity, and dangerous debris that cause catastrophic injuries. Unfortunately, the workers’ compensation system is not designed to provide adequate compensation after a severe accident. While workers’ compensation is the exclusive remedy against employers in Illinois, injury claims and lawsuits against responsible third parties are not prohibited.
If people or entities other than your employer contributed to the cause of your construction site injuries, you may be able to file a separate claim against them simultaneously. Other parties who may be liable include:
- General Contractors
- Independent Subcontractors
- Product Manufacturers
- Property Owners
- Leasing Companies
Filing a Workers' Compensation Claim
In Illinois, the workers’ compensation benefits system is not based on fault. If you are injured while performing work-related duties, you are entitled to compensation through your company’s employer. That said, workers whose injuries were caused by the negligence of entities other than their employers may also file a claim against the responsible party. These claims can be filed simultaneously. You do not have to choose between one or the other.
In Illinois, you only have two years from the time you were injured to file a personal injury lawsuit. Workers’ compensation cases must be filed within three years of the accident or within two years of the date the worker received his or her last workers’ comp benefits.
Recovering Under Various Theories of Liability
Various theories of liability may apply to your case. For instance, if a contractor lent you a faulty ladder to use while you were working, you may be able to recover damages through workers’ comp, through a personal injury lawsuit against the contractor, and through a product liability claim against the manufacturer. Our firm is experienced with handling multiple claims that arise out of the same accident.
In most car accident cases, damages are paid by an insurance company. Payouts can come from a combination of:
- The at fault driver’s liability policy
- Third party insurance coverage (trucking companies, manufacturing companies, employer coverage, etc.)
- Your own uninsured/underinsured motorist coverage
Entitlement to Compensation
Unlike workers’ compensation claims, personal injury claims are not limited to economic losses like medical expenses and lost wages. Rather you may be able to recover money for pain and suffering, disfigurement, and loss of a normal life. If the actions of the third party were egregious, you may also be able to recover punitive damages.
Determining the value of personal suffering can be even more complicated. Assigning a dollar amount to permanent physical impairments, emotional distress, or the loss of a loved one is never an exact science. To obtain a fair settlement, you’ll need a professional on your side who will demonstrate the impact your accident has had on your life.
If the behaviors that caused your injuries were particularly egregious, you may also be entitled to punitive damages. Unlike compensatory damages that are designed to compensate victims for their losses, punitive damages are imposed to punish the wrongdoer.
Although workers’ compensation are not based on fault, personal injury cases are. To prevail in a personal injury lawsuit, you must show that the other party was negligent and that the negligence caused your injuries more likely than not.
At Eames Law Group, we’ll make every attempt to negotiate a fair settlement on your behalf. If the need to file a lawsuit arises, however, we’ll push your case all the way to a jury’s verdict to ensure your compensation is congruent with your losses.
Determining Liability After a Construction Accident
Because there are typically so many parties involved in a construction project, determining liability can be complicated. In most cases, however, accidents can be traced back to safety violations, faulty products, lack of training, or a combination of all three.
In a fall accident, for instance, inadequate, missing, improperly fitted, or faulty fall protection may play a role. In a scaffolding collapse, inadequate training, disregarding weight limits, faulty materials, or even improper use could be to blame. Sometimes, reckless operation of machines or heavy equipment, combined with faulty parts and other safety hazards on the site may all contribute to a construction accident. Reach out to a construction accident lawyer at Eames Law Group to discuss the potential liable parties in your case.
Need Help With Your Case?
Before you talk to anyone, you should call our office and schedule a free consultation with our experienced lawyer to determine your rights and to ensure that you set up for case to receive the maximum compensation which you may be entitled to under law.
Attorney Brent Eames is a compassionate advocate for his clients and is experienced in securing top verdicts, awards, and settlements on behalf of injured workers and accident victims.
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