Working on a construction site can pose serious dangers; heavy machinery moving around the site, having to work off the ground on scaffolding, deep in trenches as well as working with equipment and tools that can be dangerous are all part of a day’s work. Even though a construction site does pose dangers not found elsewhere, those that work in this industry have the same rights as everyone else to expect that the workplace is realistically safe and that there will be adequate protection from unnecessary risks and construction site injuries. Depending on the circumstances however, it may be necessary to hire a Chicago construction injury lawyer.
If you work in construction and you are injured while on the job what options do you have available for making a claim?
Workers compensation:
As a construction worker you will normally be covered by workers compensation. Although the workers comp system varies somewhat between states there are several elements that are common:
* Workers comp is a “no fault” system; this simply means that there is no need for the injured individual to prove that the injury was caused by negligence on the part of another person or entity. The only things that you have to prove to receive workers comp benefits is that you were injured and the injury took place in the course and scope of your employment.
* Employers are required to have a workers comp policy; it is this form of insurance that pays benefits when there is an injury claim.
In exchange for not having to pursue litigation to receive benefits the worker gives up the right to hire a Chicago construction injury lawyer and purse other forms of damages such as unnecessary pain and suffering which is normal in other cases where there is personal injury.
Suing outside of workers comp:
There are cases where an injured worker can claim damages against another person or entity.
It is normal on a construction site to work with vendors and sub-contractors; there are also pieces of heavy equipment which is operated by others not directly employed. There are people that can play a role in the injury even though they may not be on site; such people include engineers, architects, suppliers etc. If the injury is due to their negligence you can sue the individual as well as the individual’s employer. Actions against people of this nature take the same form as any suit where there is personal injury such as a car accident.
Although construction site injuries are normally covered by workers comp there are situations where the injured party can hire a Chicago construction injury lawyer and sue for compensation for personal injuries. You are invited to discuss your situation with the Shea Law Group.
