Construction workers face significant risks every day, including the risk of severe injuries. Injuries from a construction accident can lead to intense pain, expensive medical bills, weeks or months away from work, and other headaches. Moreover, workers’ compensation only covers certain losses after a construction accident, meaning many injured workers struggle to make ends meet. A third-party personal injury claim lets injured construction workers seek additional compensation after an accident, and you can learn all about these claims below from our St. Clair County, IL, construction accident lawyers.
Filing a Third-Party Injury Claim After a Construction Accident in Illinois
Under the Illinois workers’ compensation system, you generally can’t sue your employer after a work-related injury. However, you can file a construction accident claim against someone else who caused the accident. Since these parties are not you or your employer, these claims are called “third-party” claims. Some potentially liable parties in Illinois construction accidents include:
Equipment Manufacturers
If defective tools, machinery, or safety equipment contributed to your accident, the manufacturer might be responsible. Design flaws, production errors, or inadequate warnings can make manufacturers liable for injuries their products cause.
Property Owners
Illinois law requires property owners to maintain a safe environment for workers on their premises. If the property owner knew about hazards, like unsafe structures or dangerous conditions, and failed to address them, they could share liability for your injuries.
Architects and Engineers
Mistakes in design or structural plans by architects or engineers can lead to dangerous conditions on a job site. If their negligence causes an accident, they may be liable for your injuries.
Third-Party Vendors or Delivery Companies
Vendors and delivery drivers working on the site could be liable if their negligence caused your injury. Examples of this type of negligence include improperly secured loads, reckless operation of vehicles, or failure to follow site safety protocols.
Other Contractors
If another contractor’s negligence—such as improper material handling or unsafe practices—caused the accident, they might be liable for your injuries.
Why File a Third-Party Claim After a Construction Accident?
The primary benefit of filing a third-party claim after a construction accident is that these claims can help you recover compensation for losses that workers’ comp doesn’t cover. Some potential losses for which you can seek compensation in a third-party construction accident claim include:
- The full amount of your losses (workers’ comp only covers some of your lost income)
- Your reduced future earnings due to an injury or disability
- Your pain and suffering
- Your emotional distress
- Your diminished quality of life due to an injury or disability
- The cost of repairing or replacing your damaged personal property
One key thing to note about third-party construction accident claims is that you must prove that whoever you filed the claim against was at fault for your injury. An experienced St. Clair County construction accident lawyer can gather evidence to prove the other party’s fault and handle all the other legal work in your case.
Deadline to File a Third-Party Construction Accident Lawsuit in Illinois
Illinois law generally allows two years during which you can file a third-party construction accident lawsuit against the party that harmed you. A construction accident attorney can handle the paperwork and other legal procedures to ensure that you don’t miss this deadline.
Contact Our St. Clair County, IL, Construction Accident Lawyers Now
Construction accident cases are a core part of our practice at Bartholomew, Shevlin & Flack, LLP, and we can use our knowledge and experience to pursue maximum compensation for your injuries. Call now or complete our contact form for a free case review.