What protections do you have if you suffered an injury on an Illinois construction site? Understanding your rights as an injured construction worker is crucial for recovering the compensation you deserve for your injuries.
Federal Workplace Safety Laws
As an injured worker, the first thing to know is that federal law compels your employer to keep your workplace free from known hazards and provide you with proper training and safety equipment. It is also illegal for your employer to fire or retaliate against you in any way for reporting workplace hazards to state or federal safety organizations, including the Occupational Safety and Health Administration (OSHA).
These protections against retaliation also extend to reporting injuries or seeking workers’ compensation benefits in Illinois.
Illinois Workers’ Compensation Benefits
Illinois’ workers’ compensation insurance system covers most employees in the state. Workers’ compensation is a no-fault system that compensates injured workers regardless of who caused their injuries. The compensation you can recover through a workers’ compensation claim includes:
- Medical Expense Coverage – Workers’ compensation typically covers all reasonable and necessary medical treatment related to your work accident, including surgeries, prescription medications, and physical therapy.
- Partial Wage Replacement – Workers’ compensation allows injured workers to receive two-thirds of their lost wages in wage replacement benefits. To determine your lost wage compensation, you must first determine your average weekly wage over the past 52 weeks and use that as the basis for your calculation.
- Disability Benefits – If you are partially or totally disabled, you can seek additional compensation based on your disability and average weekly wage.
- Vocational Training Costs – If you can no longer work in the same capacity as before your injury but are not totally disabled, workers’ compensation may cover the cost of vocational training for a new job.
- Death Benefits – If your loved one died in a construction accident, you can receive additional compensation for their funeral and burial costs.
Third-Party Personal Injury Lawsuits
Construction accidents often lead to non-economic losses, such as pain and suffering, in addition to medical expenses, lost wages, and other economic losses. However, you cannot seek compensation for your non-economic losses through a workers’ compensation claim.
If a third party contributed to the incident that caused your injuries, you may be able to file a personal injury lawsuit to recover compensation for your non-economic losses. Some of the third parties that may be liable for your injuries are:
- Negligent Contractors – Contractors and subcontractors active on the worksite may have caused your injuries with their negligence. For example, they may have failed to properly secure a load that fell on you while being lifted by a crane.
- Equipment Manufacturers – If an equipment failure contributed to your injury, you may be able to file a lawsuit based on product liability against the manufacturer.
- Motorists – If you were performing highway construction and a vehicle struck you, you can file a lawsuit against the at-fault driver.
Contact Our Illinois Construction Accident Lawyer
Contact Bartholomew, Shevlin & Flack, LLP, for a free consultation with a construction accident lawyer. We’ll review your case, explain your options for seeking the compensation you deserve, and help you prepare to file a workers’ compensation claim or personal injury lawsuit.