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  Construction Accident Frequently Asked Questions
 
 

1. I was injured on a construction site – how do I know if I have a case?

You may have grounds for a claim if the following is true: the responsible party (for example, the property owner or the builder’s company) had a duty to maintain a safe site, they failed to meet that duty and your injury was caused by that failure. In order to make a proper determination about whether you have a case, consult an attorney with experience in construction accidents – he or she can advise you about your rights and any appropriate next steps to legal action.

2. Who is to blame when a construction accident occurs?

There are usually several parties involved in a construction site, and it may be that one or more of them is at fault when an accident happens. The property owners, architects, subcontractors and equipment manufacturers all have an interest in the site – so it’s important to determine which had a role in the accident. An attorney with experience in construction accidents can investigate to help establish who was to blame.

3. I’m a construction worker and I injured myself on the job – but I heard I can’t sue because of Worker’s Compensation law. Is that true?

Worker’s Compensation does often limit the ability of an employee to sue his or her employer or co-workers when an accident happens on the job. However, an attorney with experience in construction accident injuries will conduct a thorough review of the circumstances – it may be that other parties besides your employer are at fault, and should bear the responsibility of any damages.

4. I just moved from another state and have a new job working construction – do the laws about construction accidents really differ from state to state?

There is a difference among states when it comes to construction accidents, so if you have suffered injuries from an accident, you should consult an attorney with experience in handling accidents within your state for the best advice.

5. My father fell from a scaffolding while on the job – can he sue?

In some states, when a worker falls during a construction project, property owners may be considered strictly liable. You should consult with an experienced attorney who will review the details of your father’s accident and provide specific advice about the legal rights in this situation.

6. My daughter was injured because a construction worker on a nearby site wasn’t careful – who would we sue in this case?

The construction company has a responsibility to hire careful workers on the job site – and if the company failed to do so, resulting in your daughter’s injuries, then you would file a claim against the company. You should consult an experienced attorney who can review the details of your daughter’s accident and establish who was at fault.

7. What’s OSHA?

OSHA stands for the Occupational and Safety Health Administration – which sets guidelines to ensure workplace safety. When those rules are not met, there may be a case of negligence and an attorney can provide advice on whether the situation requires legal action.

8. I was injured on a construction site, but I’ll get benefits from Worker’s Compensation – so why do I need a lawyer?

Worker’s Compensation Law provides financial compensation to employees who are injured on the job – but depending on the nature of your injuries, the benefits you receive may not be enough to cover your expenses and lost wages. That’s where an attorney can help review the details of your situation to determine if any additional party was responsible for your accident – if so, you may be able to bring a claim for damages.

9. How much can I expect to receive in a construction accident settlement?

The amount of damages depends upon several factors – and from state to state. Often laws set caps on the amount of financial compensation an injury victim can receive. Also the extent of your injuries and resulting expenses will be considered. There is no “set” amount that you can expect to receive – but an attorney with experience in construction accidents can review the details of your accident and provide a more educated calculation of the damages you might be awarded.

10. After my accident on a construction site, I’ve had to seek counseling – could I include the cost of that in my claim?

Accidents can cause injuries both emotional and physical. If you have received counseling as a result of your accident, that cost should certainly be included in your claim, along with any other more “traditional” medical expenses. While you may be covered by Worker’s Compensation if you were injured on the job, there are multiple parties responsible for the safety of a construction site – and one or more of them may be at fault for your injuries. An experienced construction accident lawyer can review the details of your case, advise you on your legal options, and help secure adequate damages to cover all your expenses.


 


   
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Areas We Serve: Aurora, IL, Cook County, IL, Joliet, IL, Naperville, ILWaukegan, IL,   Rockford, IL, Chicago, IL, Rock County,  Illinois, Greene County, IL. Our Practice Areas: Medical Malpractice, Personal Injury, Birth Injury, Vehicle Accidents, Nursing Home Neglect, Misdiagnosis.