How To Get Financial Compensation After a Construction Site Injury

 Posted on August 09, 2021 in Construction Accidents

Construction workers have some of the most dangerous jobs in the country. Whether it involves working atop high scaffolds, in deep trenches, or on worksites containing toxic chemicals, construction workers are often exposed to dangers. If you or a loved one were injured while working on a construction site, you may be seeking information about your legal options. Construction site accidents can lead to painful, debilitating injuries that result in overwhelming medical expenses. Fortunately, there may be a way for you to recover financial compensation after a construction site injury.

Workers’ Compensation Claims for Construction Workers

Illinois law requires employers to carry workers’ compensation insurance. This insurance is used to reimburse injured workers for medical bills and part of their lost income. A worker who is completely unable to work while recovering from a construction accident may receive temporary total disability benefits equal to two-thirds of his or her weekly wages. If an injured worker can return to work on a limited basis, he or she may receive temporary partial disability benefits equal to two-thirds of the difference between his or her pre-accident and post-accident wages. Workers with injuries that result in permanent loss of function may receive permanent partial disability benefits for several years or more.   

Workers’ compensation claims are "no-fault" meaning that, in most cases, an employee is entitled to benefits regardless of who was at fault for the injury.

Filing a Personal Injury Lawsuit After a Construction Site Injury

Workers’ compensation benefits can provide financial relief to injured workers, however, the benefits available through a workers’ compensation claim are limited. Workers’ comp does not provide compensation for the injured workers’ full lost wages, lost earning capacity, or non-financial damages like pain and suffering.

A personal injury claim may allow an injured construction worker to recover compensation for his or her:

• Past and future lost income

• Lost earning capacity

• Past and future medical expenses

• Physical pain

• Mental anguish

• Loss of enjoyment of life

• Disfigurement

However, a personal injury claim may not be brought against a worker’s employer. To successfully recover damages through an injury claim, you and your attorney will need to show that a third party’s negligence caused your injuries. The third party may be a negligent driver, the designer or manufacturer of defective equipment, a property owner who failed to maintain a reasonably safe property, a subcontractor, engineer, or architect, or another party.

Contact a Bensenville Construction Accident Lawyer

If you were injured in a construction site accident, contact Kaiser Law to discuss your legal options for seeking compensation. Let our Elmhurst construction injury attorneys handle your workers’ compensation or injury claim for you so you can focus on recovering. Call 630-233-9946 for a free consultation.

Source:

https://www2.illinois.gov/sites/iwcc/Pages/default.aspx