Illinois Construction Site – Work Accident Lawyers

According to the U.S. Bureau of Labor Statistics, there are 2.8 workplace injuries per 100 full-time workers. These can result in serious injuries that impact your ability to work. Fifteen percent of the nonfatal injuries and illnesses in the private industry in 2019 occurred in the manufacturing industry. Within this industry, motor vehicle body and trailer manufacturing accounted for the highest number of incidents. Ten industries account for nearly a third of workplace industries, including laborers and freight, stock, and material movers.

However, it’s possible to sustain an injury on the job in any occupation. Cases involving days away from work were highest for nursing assistants, and even retail salespersons were included among the top ten occupations with workplace incidents that involved days off work. If you’ve suffered from a construction site or workplace accident, you deserve adequate compensation to help you cover the costs associated with the injury.

CONSTRUCTION SITE

If you’re injured on the job in the course of your assigned duties, you should be eligible for workers’ compensation. This program, provided by the U.S. Department of Labor, gives injured workers a variety of benefits including:

Wage replacement.
Coverage for medical expenses.
Vocational rehabilitation.
Disability benefits.
Funeral expenses in the case of death.

To qualify for workers’ compensation, you must be an employee of a company that carries workers’ compensation insurance. In Illinois, most companies are required to maintain workers’ comp insurance. However, there are some exceptions including sole proprietorships, partners and LLC members, independent contractors, corporate officers, and licensed real estate agents.

You do not have to prove that your employer was at fault to receive workers’ compensation benefits. Workers’ comp protects both the employee and the employer. Employees receiving workers’ comp benefits cannot sue their employers for additional compensation.

You must file a claim within the statute of limitations in order to receive benefits, so don’t delay if you’ve been hurt on the job.

GETTING COMPENSATION FROM A THIRD PARTY

Though you can’t sue your employer when you’re receiving workers’ compensation, you can recover damages from a third party. If there was a negligent party involved in the accident, you could be eligible for additional compensation to help you with costs that aren’t covered by workers’ comp.

In construction site incidents, there is often a third party present such as a supplier, subcontractor, driver, property owner, manufacturer, or general contractor. All these individuals must work together carefully to keep worksites safe. Negligence on the part of even one individual on a construction site can result in serious injuries. Some of the worksite accidents that may cause these injuries include:

Structural failure.
Crane accidents.
Electrical shock.
Scaffolding accidents.
Operating equipment failure.
Fires or explosions.

If a third party was involved in your accident, contact an attorney as soon as possible to determine what kind of compensation you may be eligible for. A worksite accident can lead to years of difficult expenses, emotional hardships, and lost time from your occupation. A successful lawsuit against a third party can provide you with some valuable compensation to help you get your life back on track following the accident.

FAQS ABOUT CONSTRUCTION SITE AND WORK ACCIDENTS

Workers’ compensation is a system of benefits that:
Pays for the medical costs of job-related injuries and diseases,
Covers almost every employee in Illinois, and
Starts from the moment a job begins.
If you suffer a job-related injury, you can probably get workers’ compensation.

The Illinois Workers’ Compensation Commission (IWCC) handles workers’ compensation claims. The IWCC acts as an impartial court that answers these claims.

What injuries are covered by workers’ compensation?

Workers’ compensation only covers job-related injuries, such as:
Injury caused by the repetitive use of a body part at work,
Stroke caused by work,
Heart attack caused by work,
Other physical problems caused by work, or
Pre-existing conditions made worse by work.
Some injuries not covered are:
Injuries at recreational events, like company picnics or softball games, unless your employer orders you to go, and
Accidents during a drug or alcohol rehab program.

What is an employer required to do for injured employees?

The law requires an employer to:
Buy workers’ compensation insurance or get permission to self-insure,
Post this notice in the workplace explaining workers’ rights. It lists:
The insurance provider,
Policy Number, and
Contact Information.
Keep records of work-related injuries,
Report accidents that cause more than 3 lost work days, and
Report any work-related deaths within 2 days.
Even though an employer is required to report accidents to the IWCC, the IWCC will not act until the employee files a claim.
An employer must not:
Charge their employee for any part of the workers’ compensation insurance premium or benefits, and
Discriminate against an employee for exercising their rights under the law. This includes harassing, firing, or refusing to rehire the employee because they filed a compensation claim.
An employee can still be disciplined or fired for other valid reasons, even after filing a compensation claim.

What is an injured employee required to do in order to get workers’ compensation?

To get workers’ compensation, a worker must do the following:
Get first aid or medical help as soon as possible after the injury,
Work with the doctors and try to completely heal so the worker can return to work, if possible. A worker can lose benefits if they do not try to get better or if they do things that will make their injury worse,
Tell the doctors that the treatment is for a work-related condition. This lets the doctors know that the employer should pay the medical bills, and
Give the employer the name and address of the doctor or hospital they chose. If the employee changes providers, the employee should tell their employer.
The employee must also give the employer all medical records that have to do with the injury or illness. A worker does not have to give anyone free access to his or her doctor or medical records.
The employer is not required to provide benefits if it does not receive the necessary medical information. If the employee’s doctor does not send medical records to the employer, benefits may be delayed.

What does an employee have to prove to win their workers’ compensation claim?

When an employee files a claim, it is on the employee to prove to the judge that they have a good claim. They must prove the following:
The worker was an employee of the employer on the date of the accident,
The employee was injured or exposed to a disease because of their employment,
The injury was caused by or made worse by the incident,
The employee notified the employer within the correct time limits, and
If the injury is from everyday activities or movement. Then, the worker was at greater risk of injury than the public.
If the employee proves all of these, they will receive some benefit. But the employer can still argue other things, such as:
The extent of the injury,
The average weekly wage amount, or
The medical necessity of treatment.
Note that there are special rules for some occupations and health conditions. To see if you qualify, you may want to talk to a lawyer.

What else can an injured employee do to get workers’ compensation?

An employee can file a lawsuit to get workers’ compensation benefits. A workers’ compensation contract sometimes gives a time limit for the employee to try to get compensation. For certain employers and certain injuries, you can still file a lawsuit to get your benefits if you go past the time limit.

What should an employer do if an employee reports an injury?

If an employee reports an injury to an employer, the employer should take the following steps:
Provide the first aid and medical services needed,
Tell the insurance provider or workers’ compensation administrator,
If the employee cannot work for more than 3 days because of the injury, the employer must do one of the following:
Begin payments of Temporary Total Disability (TTD),
Give the employee a written explanation of the additional information the employer needs before it will begin payments, or
Give the employee a written explanation of why benefits are being denied.

You deserve proper protection when you’re at work. If you’re injured on the job, there are many avenues that you can take to make sure that you have the funds you need to cover your medical costs as well as your living expenses while you recover. Our construction injury lawyers at Lee & Andreano P.C. are experienced in all manner of workers’ compensation and injury cases. We can assist with everything from accident reconstruction to properly filing your claims. Contact us now to learn more.