When the walls of a trench cave in, the people inside can be buried under tons of soil. Workers caught in a trench collapse can suffer broken bones, traumatic brain injuries, or suffocation. What are your rights after a trench collapse accident in Illinois?
As with any other construction accident, workers in a trench collapse have the right to file a workers’ compensation claim. If the Illinois Workers’ Compensation Commission approves your claim, you will receive compensation for your medical expenses and lost wages. However, you cannot file a personal injury claim against your employer. If the cause of the trench collapse was the negligence of a contractor or manufacturer, you may have the right to file a personal injury claim and receive further compensation.
Workers’ Compensation Claims
When a worker is injured on the job in Illinois, they have the right to file a workers’ compensation claim and seek compensation for their medical bills, lost wages, and any permanent disability. The Illinois workers’ compensation program is a no-fault system. You don’t need to prove that your employer was negligent to collect benefits, which is why you aren’t allowed to file a personal injury claim against the company you work for.
However, employers sometimes oppose their employees’ workers’ compensation claims to avoid paying higher insurance premiums. Your employer may deny that your injury was work-related or may claim that you were intoxicated when the accident happened. Under the Illinois Workers’ Compensation Act, you can’t claim benefits if your intoxication caused the accident.
If your employer opposes your claim, an Illinois Workers’ Compensation Commission arbitrator will resolve the disagreement. If you don’t agree with their decision, you have the right to appeal to a panel of commissioners, followed by the circuit court, the appellate court, and finally, the Illinois Supreme Court. Most workers’ compensation disputes are settled out of court.
Third-Party Claims
Although you cannot file a personal injury lawsuit against your employer, you do have the right to file a claim against a third party if their negligence caused the trench collapse. Third parties that can be liable in trench collapse cases include:
- Contractors or subcontractors who failed to follow safety protocols
- The property owner
- The manufacturer, if equipment failure caused the trench collapse
A third-party claim can help you obtain compensation for all the losses a workers’ compensation claim does not cover. This includes loss of enjoyment of life, emotional distress, and pain and suffering. A personal injury lawyer can figure out who is liable for your injuries and help you file a third-party personal injury claim.
Contact a Construction Accident Lawyer Immediately
If you were hurt in a trench collapse accident, contacting an experienced attorney is important. Bartholomew, Shevlin & Flack, LLP, is a personal injury law firm serving St. Clair County, Illinois. We help people like you who have suffered injuries due to someone else’s negligence. We will help you pursue the full compensation you are entitled to, and we will charge you nothing unless we win. Contact us today to get started with a free consultation.