Construction work is dangerous. This is why safety on the job site is critical and why the Occupational Safety and Health Administration (OSHA) has created various safety guidelines, regulations, safety protocols, and inspection procedures for worksite safety.
However, even with these precautions in place, accidents still occur. Unfortunately, construction accidents are often catastrophic, involving everything from lacerations, brain trauma, amputations, paralysis, and other injuries that may require more extensive medical care for the remainder of a victim’s life. Many of these accidents are even fatal.
Construction accidents may mean that a worker cannot return to work for weeks or months, and in some cases they may never work again. This emotional and financial burden can be a difficult situation to deal with and accident victims be unsure what options they may have.
If you have been injured in an accident, contact Mike Agruss Law for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, Mike Agruss Law is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
Construction Site Accidents and Workers’ Compensation
Typically, a construction worker who is injured on the job cannot file a lawsuit against their employer for their damages. Instead, an on-the-job accident victim is limited by workers’ compensation benefits. These benefits cover medical costs and lost wages but not 100 percent.
Workers’ compensation is a type of insurance policy paid for by employers that is required by law depending on the number of employees an employer has. It provides injured workers with medical benefits and partial wage reimbursement for on-the-job injuries, but in exchange for those benefits, an injured party cannot file a lawsuit against their employer.
Damages like pain and suffering, loss of consortium, and the financial strain that an injury has placed on the injured worker are not covered by workers’ compensation-often leaving the victim and their family without the compensation they need and deserve.
Third-Party Lawsuits in Construction Accidents
Many construction workers are unaware that they may have the option to file a third-party lawsuit in regard to their construction accident. A third-party lawsuit is a claim against a third party, not the employer, who may have been at-fault or partially at-fault for the injury. This party’s negligence must have contributed to the worker’s injuries in some way to qualify for a third-party lawsuit.
These types of claims are in addition to workers’ compensation and help to bridge the gap between what workers’ compensation provides and what the injured party needs.
Some examples of third-party claims include:
- A construction worker is working for a subcontractor who is working for a general contractor. If the general contractor’s negligence led to the accident and injuries, the general contractor could be found liable for the damages.
- A construction worker was injured while using heavy equipment that is later found to be faulty or defective. The manufacturer and/or anyone in the chain of distribution could be found liable for the injured parties’ damages.
- A construction worker is injured in a vehicle accident while driving a work vehicle for work-related purposes. The injured party could legally file a lawsuit against the other driver and continue to collect workers’ compensation.
Not All Accidents Have Third-Party Defendants
Not all construction accidents will be eligible for a third-party lawsuit. However, because of the nature of the work, construction workers are more likely to encounter third-party claims than other industries.
This is why it is important for an injured construction worker to meet with an experienced personal injury lawyer. The personal injury lawyers at Mike Agruss Law can review your case and determine who may be liable for your injuries and get you the compensation you deserve.
If you or a loved one has suffered injuries due to negligence on the job site or a defective product, an experienced personal injury lawyer can review your claim and determine if there were unsafe working conditions, potential OSHA violations, and other hazards that may have existed at the time of your accident. They will also determine who may be liable for your injuries and damages and what compensation you may be entitled to.
We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 1,000 outstanding client reviews on our website, an A+ BBB rating, and over 135 five-star reviews on Google. Call 888-572-0176, e-mail us at [email protected] or schedule a meeting with us here. We’re here 24/7.