Were you hurt because a piece of construction equipment went haywire or broke down while you were on the job in Illinois? You might feel uncertain about what to do next or how you’ll cover your medical bills and related financial losses. A construction accident injury lawyer can review what caused the malfunction, gather records that prove fault, and identify everyone responsible for your injuries. They can also handle the insurance companies on your behalf, protect your right to fair compensation, and fight for the full payout you deserve under Illinois law.
Common Causes of Equipment Malfunctions on Construction Sites
Equipment failures on construction sites usually result from preventable problems with the way machinery is designed, used, or maintained. Common causes of these incidents include:
- Defective machinery design or manufacturing flaws
- Worn or damaged safety guards and emergency shutoffs
- Sloppy or neglected maintenance or inspections
- Improper assembly or installation of equipment
- Overloaded or improperly used machinery
- Inadequate operator training or supervision
- Failure to follow the manufacturer’s safety instructions
- Use of outdated or recalled equipment
- Unsafe job site conditions that affect equipment performance
Who May Be Liable When Construction Equipment Fails?
Several parties may be liable when equipment fails and injures people on an Illinois construction site. For example, an employer might be at fault for allowing unsafe practices on the work site. However, if they provide workers’ compensation coverage, state law usually limits your right to sue them directly. Still, you could be entitled to benefits through their workers’ comp policy.
Other parties may face direct liability for your injuries, including:
- Equipment manufacturers that sell defective machinery
- Distributors that fail to inspect or warn about known hazards
- Contractors who ignore maintenance or safety procedures
- Property owners and site managers who fail to correct dangerous conditions on-site
Your Rights Under the Illinois Workers’ Compensation Act
If you are an eligible employee, the Illinois Workers’ Compensation Act gives you the right to receive benefits after a work injury, regardless of who caused it. These benefits can cover medical care, replace part of your lost wages, and compensate you for permanent disabilities stemming from work-related incidents. To qualify, you must show that the injury happened while you were performing your job.
The workers’ comp system offers a trade-off—you give up the right to sue your employer in most cases in exchange for quicker access to benefits without having to prove fault.
When You Might Have a Third-Party Claim
In some construction accident cases, a third party (someone other than your employer) might be liable. For example, if a defective or poorly designed piece of equipment caused your injury, you could have a third-party claim against a manufacturer. Other third-party claims can target manufacturers, suppliers, or subcontractors who contributed to the failure.
Unlike workers’ compensation claims, third-party claims allow you to recover full compensation for losses like pain and suffering, the full value of your lost wages, and losses in future earning capacity. However, they also require proof that another party’s negligence or a defective product directly caused your injury. It’s possible to seek compensation from both types of claims at once: workers’ compensation benefits from your employer and money from a civil lawsuit against another responsible party.
How an Illinois Construction Injury Lawyer Can Help
An Illinois construction injury attorney can investigate the cause of the equipment failure that injured you and identify all possible sources of compensation. They can collect valuable evidence and handle both workers’ compensation and third-party claims at the same time. If insurance companies push back or try to downplay your injuries, your lawyer can respond firmly and keep your claim moving forward.
If you suffered injuries in a preventable equipment malfunction accident on an Illinois construction accident, contact the law firm of Bartholomew, Shevlin & Flack, LLP, today. Our seasoned attorney can review the specifics of your situation and help you explore your recovery options in a free consultation session.