What should I do to protect my rights after a construction accident?

Following a construction accident, alert your employer right away about the incident. Getting prompt medical help is important. Also, you have limited time to file a lawsuit before your claim is time barred.

Employers must be notified of injuries either orally or in writing within 45 days of an accident to preserve your right to workers’ compensation benefits.

Workers’ compensation claims must be filed within three years of the time the injury occurred or occupational disease developed, or within two years of the time when the last workers’ compensation payment was made.

The Illinois Workers’ Compensation Commission provides more detailed information on time limits.

Prompt medical assistance is also important to prove your injury was caused by your work accident. Proof of the link between the accident and injury is needed not just for workers’ compensation but also if you wish to file a civil lawsuit for personal injury damages.

Personal injury lawsuits also must be filed within the statute of limitations. Our Personal Injury page explains more about this type of lawsuit in detail.

However, the most important thing to remember is the Illinois Code of Civil Procedure mandates that lawsuits for injury must generally be filed within two years of the accident.