Construction Accident Attorney in Chicago, IL

If you have been injured on a construction site, call Burger Law’s Chicago-based Illinois construction accident attorney team now at 312-500-HURT or contact us online.

Workers’ compensation is a great way for injured construction workers to be guaranteed compensation for their injuries. However, it has its limitations, and often injured workers need to inquire about third-party liability claims in construction accidents to receive the full financial recovery they deserve. Burger Law’s Chicago and Illinois construction accident attorney team has been helping injured construction workers receive maximum compensation for all of their damages for almost 30 years. We fight hard for our clients and stand up to bullies like large corporations who do not want to take responsibility for their negligence.

The Occupational Health and Safety Administration has an exhaustive list of regulations and standards meant to keep construction workers safe. Despite that, construction work is still one of the most dangerous jobs in the United States. When you go to work, you go thinking that you will provide for your family and achieve the life you want. You do not expect to have your life turned upside down in a devastating accident that can leave you disabled for months, years or even permanently. Every Chicago and Illinois construction accident attorney at Burger Law knows the immediate and catastrophic financial, emotional and physical toll a construction accident can have. Our construction accident attorney team has visited with families in Chicago and throughout Illinois as they wonder how they are going to keep up with all the medical bills and loss of income. You do not have to worry anymore. Call Burger Law today at 312-500-HURT or contact us online to start on your road to recovery.

THE COMPENSATION YOU NEED TO MOVE FORWARD

How Common Are Construction Accidents in Chicago and Illinois?

According to the U.S. Bureau of Labor Statistics, there were 4,764 workplace fatalities in 2020, of which one in five victims was a construction worker. According to fatal injury rates per 100,000 employees, construction is the third most dangerous job in the United States. Just over one percent of all construction workers receive an injury that causes them to miss work, totaling over 150,000 injuries per year.

Data from the Centers for Disease Control and Prevention tell us that falls account for over a third of construction site injuries and fatalities. Being struck-by accident, being caught in-between objects and electrocution round out what the Occupational Safety and Health Administration refers to as the “fatal four” of construction accidents. If you are one of the many construction workers who sustained an injury on the job because someone else did not follow the rules, call Burger Law’s construction accident attorney team in Chicago and Illinois today at 312-500-HURT.

Workers’ Compensation Claims in Chicago, IL Construction Accidents

Persuant to 820 ILCS 305/, or the Illinois Workers’ Compensation Act, workers’ compensation is required for any “extra hazardous” work, including construction work. Not having workers’ compensation insurance would result in a minimum $10,000 fine for any employer. Anytime you are injured on the job, you need to notify your employer and file a workers’ compensation claim.

In Illinois, workers’ compensation entitles you to medical care and lost wages for time missed off work. Generally, your compensation will be 66 and 2/3 percent of your wage; however, the Illinois Workers’ Compensation Commission sets a minimum and maximum amount based on a statewide average weekly wage that is updated every six months. You must notify your employer of any work-related injury or illness within 45 days.

Some of the most common construction accident injuries we see are:

• Head Injuries
• Neck Injuries
• Hand Injuries
• Spinal Cord Injuries
• Fractures
• Burns
• Chemical Exposures Causing Illness

While Burger Law does not currently take workers’ compensation cases in Illinois, construction accidents often involve third parties who were somehow negligent and who you may be able to make a claim against. Our Chicago-based construction accident attorney team can help you determine if you have a third-party claim. When you hire us, we get working on your case right away. We conduct a full investigation into every aspect of your injury to find who is responsible and make sure they pay for causing you injuries.
What is the Loaned Servant Doctrine in Construction Accidents?

What is the Loaned Servant Doctrine in Illinois Construction Accidents?

The loaned servant, or borrowed servant, doctrine in Illinois determines liability in instances where your employer temporarily loaned your services to another employer. According to 215 ILCS 113/30, “either the lessor or lessee may provide workers’ compensation,” depending on their employee leasing arrangement. For example, you work for a crane company, and an employer hires your company to send you to a construction site to operate a crane. If you are injured at the worksite, whoever covers your workers’ compensation claim will depend on the agreement made between your employer and the construction site. If the construction site does not cover you, your employer at the crane company is required to.

The loaned servant doctrine is important because it protects borrowing employers from personal injury claims if a borrowed-employment relationship has been established. In Crespo v. Weber Stephen Products Co., 275 Ill. App. 3d 638, 656 N.E.2d 154, the court found that in Illinois “the primary factor in determining a borrowed-employment relationship is the right to control the manner and direction of the subject employee’s work.” A loaned employee has to agree to work under the borrowing employer. Some determining factors to establish a borrowed employee-borrowing employer relationship are:

• Manner of hiring
• How the employee is paid
• Nature of the work involved
• Direction and supervision of the employee’s work
• The right to discharge the employee

If a borrowed-employment relationship has been established, you would not be able to sue the construction company in a separate tort claim outside of workers’ compensation, due to the exclusive remedy rule. If you were injured at a third-party site, the experienced and knowledgeable construction accident attorney team at Burger Law will help you determine if you were a “borrowed employee” and if you need to file a workers’ compensation claim or can file a personal injury claim. There are strict deadlines for filing workers’ compensation claims, so it is imperative to reach out to an Illinois construction accident attorney in Chicago immediately after your injury. Do not wait, call us today at 312-500-HURT.

HOLDING NEGLIGENT PEOPLE AND CORPORATIONS ACCOUNTABLE

Can I Sue a Third-Party in a Construction Accidents in Chicago, Illinois?

While the exclusive remedy rule prohibits you from making a personal injury claim against any employer, that does not mean that there may not also be other third parties responsible for your injuries who your Chicago construction accident attorney can hold responsible in an Illinois civil court. That may include a driver, a manufacturer, a property owner or subcontractor. Oftentimes, your employer may encourage you to seek a third-party liability claim, as your employer and their insurer would then be able to recover any money they paid you in workers’ compensation from the liable party. Unlike in workers’ compensation claims, any financial recovery you receive in a third-party liability claim can include noneconomic damages such as pain and suffering or loss of consortium.

Some third parties in Illinois that your Chicago construction accident attorney may be able to help you sue are:

• A driver, for example, if they ignored construction signs because they were driving drunk or guilty of distracted driving and consequently struck you.
• A manufacturer for product liability if there was an inherent flaw with a piece of equipment.
• The property owner or subcontractor if the property is unsafe. If there was a dangerous condition that caused you to be injured in a slip and fall or other accident on the property, the “possessor” of the land is liable if they know or should know of a dangerous condition, according to the State of Illinois Construction Law Compendium and §343 in the Restatement (Second) of Torts.

In Illinois, workers’ compensation claims are no-fault claims, meaning you can receive compensation for an injury that happened at work regardless of the cause or who is responsible. If you are making a claim against a third party, your construction accident attorney will need to prove negligence on the part of the liable party. That is why it is imperative to find a construction accident attorney that is experienced and well-versed in Illinois and Chicago law. We have over two decades of mediation, litigation and trial experience and a history of getting our clients maximum compensation. If you have been injured in a construction accident, call us today at 312-500-HURT.

Can a Civilian Sue a Construction Company if They Were Injured in a Construction Accident?

Can a Civilian Sue a Construction Company if They Were Injured in a Chicago or Illinois Construction Accident?

Yes, they can. Construction companies and contractors have a duty to ensure that construction zones are safe for members of the public. If you were injured by falling debris or in a slip and fall accident, an Illinois construction accident attorney in Chicago can help you bring a claim against the construction company or property owner. Instances of negligence by a construction company can be:

• Insufficient signage
• Insufficient barricades, nets or other protections
• Failure to secure tools, machinery or other equipment
• Failure to maintain equipment

If you have been injured because a Chicago or Illinois construction site was not sufficiently kept safe for the public, call Burger Law’s construction accident attorney team today.

Construction Accident Attorney in Chicago, IL

At Burger Law, we stand by your side to secure you the maximum compensation you deserve. Every Burger Law construction accident attorney is dedicated to our clients in Chicago and throughout Illinois and insists on providing them with the top level of legal advocacy and representation. You should not have to bear the burden of medical costs and emotional pain because you took on a dangerous job that few others want to do, in the interest of providing for your family. Our Illinois construction accident attorney team in Chicago fights hard to protect our clients’ futures and make sure every liable party is held accountable for your injuries. Call us now at 312-500-HURT or contact us online for a free case evaluation.

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