Workers’ compensation is one avenue to financial benefits from a construction accident, but there might be another option.
Construction sites inherently have hazards, whether from uneven or debris-covered surfaces for walking, working from high heights, debris that could fall from above, using heavy and dangerous equipment, or a host of other reasons. If you do get injured, here’s what you need to know to receive compensation.
Two construction workers in Casey were seriously injured following the collapse of an unfinished wooden building frame. They were renovating a church, including a 4,500-square-foot addition to an existing building. They were working on roof trusses when the frame collapsed; they fell about 17 feet and were pinned beneath the fallen trusses.
A contractor surveying the scene surmised that weak supports and inadequate bracing could have caused the accident.
While this is a very sad accident, it’s not unusual. The Bureau of Labor Statistics reports that there are approximately 1,000 deaths each year nationwide from construction accidents. About a third of those are caused by falls.
Construction site accidents can happen to passers-by (i.e. not construction workers, as well). Motorists are at risk when driving through construction zones, and about 90% of work zone fatalities involve motorists.
Here’s a look at how Illinois personal injury law handles construction accidents and also what you can expect if you are a construction worker who needs to file an Illinois workers’ compensation claim.
Common types of Illinois construction accidents
Scaffolding accidents
Scaffolding is an elevated platform that lifts off the ground so workers can perform tasks up high (i.e. higher than any ladder would reach). Falls from scaffolding are a very real risk in the construction industry, often caused by a lack of proper training or fall protection, overloading, falling debris, or defective equipment.
Exposure to hazardous substances
Many construction materials, such as concrete, paint, and solvents, contain hazardous chemicals. Prolonged exposure to toxic substances like asbestos, lead, and silica dust can cause long-term health issues. Proper ventilation, personal protective equipment (PPE), and hazard training and communication are essential to minimize exposure.
Struck-by accidents
A worker is at risk of being struck by falling objects, vehicles, or equipment. Falling tools, unsecured materials, and machinery that moves suddenly are typical causes. Workers in proximity to cranes or heavy equipment like bulldozers are particularly vulnerable.
Caught-between accidents
Caught-in or caught-between accidents occur when a worker is caught, crushed, or compressed by equipment or structures. This includes trench collapses, getting caught in machinery, or being trapped between immovable objects like walls or vehicles.
Electrocution
Construction sites often involve electrical installations and temporary wiring, making electrocution a significant risk. Common causes include contact with overhead power lines, improperly grounded equipment, and exposure to live wires.
Trench or excavation collapses
Trenching and excavation work can be dangerous if walls aren’t properly supported. When a trench collapses, workers can be buried under heavy soil, leading to serious injuries or fatalities. Proper shoring, sloping, or trench boxes are critical to prevent these accidents.
Machinery accidents
Construction sites use various heavy machinery, such as forklifts, cranes, and bulldozers. Accidents can result from equipment malfunctions, operator error, poor maintenance, or lack of training, often leading to serious injuries.
Falls
Falls are the leading cause of fatalities in construction, often from heights such as ladders, scaffolding, roofs, or open-sided platforms. Poorly secured surfaces, lack of guardrails, or inadequate fall protection systems are common contributors to fall accidents.
Slip and fall accidents
Construction sites have uneven surfaces, debris, and slippery areas. Even falls that don’t involve heights can lead to broken bones, sprains, and head injuries.
Vehicle accidents
Construction workers are often near moving vehicles like dump trucks and loaders, which can lead to accidents, especially if visibility is poor or workers are in blind spots.
Should you file an Illinois workers’ compensation claim for your construction injury?
If you were injured while doing your job or at your job site as a construction worker, you probably are eligible to file a workers’ compensation claim.
Workers’ compensation is what’s called an exclusive remedy. That means you’re not permitted to file both a workers’ compensation claim and a personal injury lawsuit for the same injury. However, unlike personal injury lawsuits, a workers’ compensation claim doesn’t require the claimant to prove fault or negligence. You need to prove that you were engaged in tasks related to your job duties or that you were at work at the time you became injured.
Workers’ compensation also covers injuries or illnesses that might not result from a specific accident. Overexertion is a common construction injury. This can be caused by bending, lifting, repetitive movements, and working in awkward positions. It could result in back problems, muscle strains, tendinitis, rotator cuff tears, carpal tunnel syndrome, and other ongoing issues.
There are also some illnesses caused by toxins or other environmental conditions that don’t have symptoms for years, or even decades. For example, exposure to substances like asbestos can cause lung and respiratory illness many years after the exposure occurs.
Although they can be harder to link to a workplace exposure, these types of injuries can be eligible for workers’ compensation benefits. If you have a long-term condition that you believe was caused by conditions at work, you should contact an Illinois workers’ compensation lawyer to discuss your options.
Can I file a personal injury lawsuit instead of workers’ comp for a construction injury?
There are two circumstances when this is possible:
- You are not a construction worker. For example, you’re a pedestrian walking on a city sidewalk and a piece of debris falls from scaffolding above, causing an injury. Or, you’re a motorist whose vehicle was hit by a construction truck while driving through a construction zone. Not every construction accident involves construction workers. If you were injured because of negligence in a construction zone and aren’t a construction worker, you can file a personal injury lawsuit to recover your losses.
- You are a construction worker and can file a third-party lawsuit. If your work-related injury was caused by the negligence of some other party that is not your employer or a coworker, you might be able to file a third-party lawsuit. For example, if your injury is the result of a product defect in your equipment or personal protective gear, defective machinery, a hazardous condition on property not owned or maintained by your employer, or negligence of a person outside your company, you might be able to file a personal injury lawsuit against that entity.
Compensation for an Illinois construction accident injury
Workers’ comp benefits
- Medical expenses, including doctor’s visits, surgeries, diagnostic tests like X-rays or MRIs, prescription medications, prosthetic devices, etc.
- Wage loss benefits for temporary or permanent disability
- Death benefits for surviving dependents and funeral expenses up to $8,000
Damages from a personal injury lawsuit
- Medical expenses and related costs
- Lost wages, present and future loss of earning capacity
- Expenses related to daily living (child care, transportation, etc.)
- Pain and suffering, emotional distress, or PTSD
- Loss of consortium, or losses of affection, companionship, and love of a family member
- Punitive damages, typically awarded when the defendant’s actions were intentional, reckless, malicious or unprovoked
If you’ve suffered a construction accident injury and need compensation for your financial losses, you can contact an Illinois personal injury lawyer or Illinois workers’ compensation attorney for guidance and legal advice.
How Much Does A Workers’ Compensation Lawyer Cost?
When you’re trying to collect workers’ comp benefits, the last thing you want to do is pay a lawyer. But a workers’ comp lawyer can be surprisingly affordable.
See our guide Choosing a personal injury attorney.